Found 520 results for “motion to dismiss” in 154ms

EFTA01386062.pdf PDF

DataSet-10 EFTA01386062 1 pg

to Mot. To Dismiss at 32-36.) Although generally, a district court may not consider matters extraneous to the pleadings, I may consider "a document integral to or explicitly relied upon in the complaint ... without converting the motion to dismiss

EFTA00065103.pdf PDF

DataSet-9 EFTA00065103 138 pg

…59 MOTION to Dismiss Amended Complaint filed by James Shiah, Jeanne Kingsley, Stephen Berini, Fred Sacramone. After a series of revelations of corporate misconduct by executives at FTE Networks, Inc., Plaintiff Ephraim Barenbaum, IRA, brought this action derivatively to recover…

EFTA01386025.pdf PDF

DataSet-10 EFTA01386025 1 pg

…OPINION MOORE, District Judge. After careful consideration of the parties' written and oral arguments, I will deny the defendants' motions to dismiss for lack of personal jurisdiction and to transfer this case to New York. Further, I find that the…

EFTA00098841.pdf PDF

DataSet-9 EFTA00098841 130 pg

…59 MOTION to Dismiss Amended Complaint filed by James Shiah, Jeanne Kingsley, Stephen Berini, Fred Sacramone. After a series of revelations of corporate misconduct by executives at FTE Networks, Inc., Plaintiff Ephraim Barenbaum, IRA, brought this action derivatively to recover…

EFTA00731162.pdf PDF

DataSet-9 EFTA00731162 4 pg

…not unconstitutional. JE must be free, as he has done through his Motions to Dismiss in Jane Doe 101, to fully litigate the scope and unit of liability without fear of violating, in the eyes of the USAO, the NPA…

EFTA00806706.pdf PDF

DataSet-9 EFTA00806706 2 pg

…INC., and JEFFREY E. EPSTEIN, Defendants. X DEFENDANTS THE FINANCIAL TRUST COMPANY AND JEFFREY E. EPSTEIN'S NOTICE OF MOTION TO DISMISS PLAINTIFFS' COMPLAINT WITH PREJUDICE PLEASE TAKE NOTICE that, upon declaration of Benn…

EFTA00161693.pdf PDF

DataSet-9 EFTA00161693 5 pg

…arguments come in response to JPMorgan's attempt to add him as a third-party defendant to two lawsuits, alleging he violated his fiduciary duties to the bank, among other claims. In a motion to dismiss filed on 24 April…

EFTA00095371.pdf PDF

DataSet-9 EFTA00095371 6 pg

…Fisher, No. 20 Civ. 1818, 2020 WL 2765107, at *2 (S.D.N.Y. May 28, 2020), a motion for voluntary dismissal with prejudice is generally subject "to far less scrutiny," HOV Servs., Inc. v. ASG Techs. Gip., Inc., No…

EFTA00795030.pdf PDF

DataSet-9 EFTA00795030 74 pg

…§ 1602 et 5. International Law e=10.38 seq. On a motion to dismiss challenging subject matter jurisdiction under the For- 10. International Law C=.10.33 eign Sovereign Immunities Act (FSIA), Director of Saudi Arabia's Depart- the defendant must…

EFTA01386064.pdf PDF

DataSet-10 EFTA01386064 1 pg

…will deny the defendants' Rule 12(b)(6) motion to dismiss for failure to state a claim. Finally, because I find that Counts I, II, Ill, and VI fail to meet Federal Rule of Civil Procedure 9(b)'s heightened…

EFTA01386030.pdf PDF

DataSet-10 EFTA01386030 1 pg

…will deny the defendants' Rule 12(b)(6) motion to dismiss for failure to state a claim. Finally, because I find that Counts I, II, Ill, and VI fail to meet Federal Rule of Civil Procedure 9(b)'s heightened…

EFTA00584332.pdf PDF

DataSet-9 EFTA00584332 3 pg

…LLC has been named as an additional defendant for allegedly acting to interfere with Ms. Cleveland's cooperation and thus her breach of the agreement. A motion to dismiss on behalf of Next was denied by the court on 2…

EFTA00611895.pdf PDF

DataSet-9 EFTA00611895 2 pg

…a newspaper reporter stating that this promoter was connected to the Rothstein scheme. We are not counsel to Mr. Glass in that case, but we understand that a motion to dismiss was filed on the grounds that the substance of…

EFTA00104288.pdf PDF

DataSet-9 EFTA00104288 3 pg

…there are pending motions to dismiss challenging the adequacy of the plaintiffs' substantive claims and/or allegations. In those twelve cases, the parties mutually agreed to postpone the commencement of discovery for at least another month.2 Plaintiff's case…

EFTA01386063.pdf PDF

DataSet-10 EFTA01386063 1 pg

to their detriment. (Am.Compl.11155-56.) I find that Count IV thus adequately states a claim of negligent misrepresentation. 6. THE RESCISSION AND PUNITIVE DAMAGES COUNTS ARE NOT CAUSES OF ACTION The defendants contend that this Court should dismiss

EFTA00593806.pdf PDF

DataSet-9 EFTA00593806 14 pg

… Tax Notes Today: 2010 TNT 246-10 - Court Opinions Page 1 of 13 taxanalvsts® The experts experts' Tax Notes Today DECEMBER 22, 2010 Tax Court Denies Motion to Interplead U.S. Virgin Islands in Tax Court Proceedings Citations: George C…

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