Continental Petroleum Corporation, Inc. et al v. Corporate Funding Partners, LLC et al
| Continental Petroleum Corporation, Inc. and Plastitex, S.A. |
| Caren Raphael, Joseph Lau, Green Pampas, Inc., Corporate Funding Partners, LLC and Pablo Antoniazzi |
| 1:2011cv07801 |
| November 1, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Paul A. Engelmayer |
| Racketeer Influenced and Corrupt Organizations |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
53
MEMORANDUM AND OPINION: for the reasons stated in the foregoing, plaintiffs motion for reconsideration of the Courts April 12, 2012 Opinion and Order granting in part defendants motion to dismiss is hereby DENIED.As to plaintiffs only surviving claim , breach of contract claims against CFP: If plaintiffs intend to pursue this claim, it is essential that a case management plan as to that claim be put in place promptly. The Court directs the parties to meet and confer forthwith as to a proposed cas e management plan. The parties are directed to submit, by May 29, 2012, a jointly-proposed case management plan, in accordance with the Court's individual rules, available at the Court's website. If the parties cannot make such a submission on consent, the plaintiffs and CFP are each directed to submit, by the same date a proposed case management plan to the Court. If CFP elects to make a renewed motion to dismiss on the grounds that the contract claim is based on an inaccurate recitat ion of the terms of the contracts between plaintiffs and CFP, deadlines for briefing of such a motion must be included in the proposed case management plan.The Clerk of Court is directed to close docket items 49 and 50. (Signed by Judge Paul A. Engelmayer on 5/22/2012) (js)
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Filing
47
OPINION & ORDER: For the reasons stated in the foregoing, (1) all claims in the Amended Complaint are DISMISSED as against Green Pampas and Antoniazzi for lack of personal jurisdiction; (2) plaintiffs claims under the RICO statute are DISMISSED as to all defendants for failure to state a claim; and (3) plaintiffs state law claims for fraud, deceptive practices, and fraud in the inducement against CFP, Raphael, and Lau are DISMISSED for failure to state a claim. As to plaintiffs only surviving cl aims, the breach of contract claims against CFP, the Court directs plaintiffs, by April 18, 2012, to alert the Court and CFP whether it intends to proceed on the contract claims in this Court. If plaintiffs elect to proceed with the contract claims a gainst CFP, plaintiffs are directed to submit, by April 30, 2012, a memorandum of law explaining why federal jurisdiction has been adequately pleaded as to the contract claim. CFPs response to that submission is due by May 7, 2012. If CFP elects to m ake a renewed motion to dismiss on the grounds that the contract claim is based on an inaccurate recitation of the terms of the contracts between plaintiffs and CFP, such a motion is due by May 7, 2012. The Clerk of Court is directed to close docket items 23, 28, and 40, and to terminate defendants Green Pampas, Antoniazzi, Raphael, and Lau from this case. (Signed by Judge Paul A. Engelmayer on 4/11/2012) (ft)
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