Oneida Savings Bank et al v. Uni-Ter Underwriting Management Corporation et al
| Eagle Healthcare, Inc., Heathwood Health Care Center, Inc., Rohm Services Corporation, Pinnacle Healthcare, Inc., Marquis Companies I, Inc. and Oneida Savings Bank |
| Uni-Ter Claims Services Corporation, Uni-Ter Underwriting Management Corporation, U.S. RE Companies, Inc., Sanford Elsass, Donna Dalton, Jonna Miller and Richard Davies |
| 5:2013cv00746 |
| June 25, 2013 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Madison |
| Andrew T. Baxter |
| Mae A. D'Agostino |
| Securities/Commodities |
| 15 U.S.C. ยง 78 m(a) Securities Exchange Act |
| Plaintiff |
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Filing
56
MEMORANDUM-DECISION AND ORDER granting in part and denying in part 33 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 35 Motion to Dismiss for Failure to State a Claim; granting 44 Motion to Amend/Correct : The Court hereby ORDERS that Defendants' motions to dismiss (Dkt. Nos. 33, 35) are GRANTED in part and DENIED in part; and the Court further ORDERS that Plaintiffs' cross-motion to amend (Dkt. No. 44) is GRANTED; and the Court further ORD ERS that each of Plaintiffs' claims as to Defendants Davies and UCSC are DISMISSED; and the Court further ORDERS that Plaintiffs' constructive trust claim is DISMISSED; and the Court furtherORDERS that Plaintiffs' request for punitive damages is DISMISSED; and the Court further ORDERS that Plaintiffs shall file and serve their Amended Complaint within fourteen (14) days of this order in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 09/18/2014. (ban)
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