Accurate Grading Quality Assurance, Inc. et al v. Khothari et al
| Accurate Grading Quality Assurance, Inc., Electronic Sales Dealership Network, Inc. and Steve Yeko |
| Pradeep Sahoo, Sanjay Khothari, Susan Hecht, Josh Kaufman, Knud Hostrup, KGK Group, Allen Bloom, John Thorpe, Martin Flyer Jewelry LLC and KGK Jewelry LLC |
| 1:2012cv09130 |
| December 14, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Laura Taylor Swain |
| Fraud or Truth-In-Lending |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
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Filing
80
MEMORANDUM OPINION AND ORDER re: 41 MOTION to Dismiss pursuant to Rules 12(b)(2) and 12(b)(6) filed by John Thorpe, 37 MOTION to Dismiss pursuant to Rule 12(b)(6) filed by Martin Flyer Jewelry LLC, Susan Hecht, Allen B loom, KGK Jewelry LLC, Josh Kaufman. As set forth within, Defendant Thorpe's motion to dismiss the Complaint as against him for lack of personal jurisdiction (docket entry no. 41) is granted. The Eleventh Cause of Action, which is asserted so lely against Defendant Thorpe, is dismissed. Defendant Thorpe's request for an award of his attorneys' fees and costs pursuant to 28 U.S.C. § 1927 and the Court's inherent authority is denied. The Moving Defendants' motion to dismiss (docket entry no. 37) is granted in part and denied in part. Defendants' motion to dismiss is granted as to Causes of Action Four, Six, Seven, Nine and Ten and is denied as to Causes of Action One, Two, Three, Five and Eight. Defendants ' motion to strike paragraphs 53 and 54 of the SAC is denied. This Memorandum Opinion and Order resolves docket entry numbers 37 and 41. The Clerk of Court is requested to dismiss Defendant John Thorpe from this case. The final pretrial conferen ce in this case is adjourned to January 9, 2015, at 10:30 a.m. in Courtroom 12D. The parties must consult and prepare submissions in advance of that conference in accordance with the Pre-Trial Scheduling Order issued in this case (docket entry no. 15 ). SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/30/2014) (ajs)
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