TAMPA — A federal judge dismissed an amended complaint by one party and gave the original plaintiff a final chance to file an amended complaint.
U.S. District Judge Charlene Edwards Honeywell warned the plaintiff in the April 15 order that no further amendment of the complaint will be permitted.
"Should Gilfus seek to add or substitute HDP as a party, or should HDP wish to intervene, the appropriate motion must be filed and the applicable standard must be met," Honeywell wrote. "The Court expects litigants to be familiar with all applicable federal and local rules and to comply with such rules."
Honeywell granted in part and denied in part the defendant's motion to dismiss and granted leave for the plaintiff to file an amended complaint.
Arthur Gilfus filed the lawsuit on Dec. 4, 2018, alleging that he and two potential business partners had been watching for an opportunity to acquire and rebuild a business that was struggling and eventually met with McNally Capital in 2017.
Gilfus claims he signed a non-disclosure agreement with McNally and shared the potential opportunity, Nortrax Inc., with McNally, as well as his business plan. The parties also agreed to anonymity, according to the suit.
"Plaintiff and his partners expressed an expectation that in return for any deal contemplated with Defendant, they would receive as consideration, equity within the company, a finder’s fee and an employment contract," the complaint states. "Defendant understood and agreed to this expectation as a term going forward."
The plaintiff claims over the course of eight months, he worked with the defendant and found out that Dobbs Management Services was the only prospective buyer and that Frank McGrew, who was introduced as Dobbs' "trusted advisor" began discussing the implementation of Gilfus' business plan.
At a business meeting, Gilfus and his partners realized they were being marginalized and possibly completely eliminated from the transaction altogether and confronted the defendant regarding the breach of the non-disclosure agreements, according to the suit.
Gilfus claims he and his partners were not compensated in any respect and Dobbs and the defendant purchased Nortrax with Gilfus' business plan.
Gilfus is seeking damages in excess of $75,000. He is represented by Noel P. McDonnell and Bryen N. Hill of Macfarlane, Ferguson & McMullen.
U.S. District Court for the Middle District of Florida case number: 8:18-cv-02941