SPV Osus Ltd. v. UBS AG et al
| SPV Osus Ltd. |
| UBS AG, UBS (Luxembourg) S.A., UBS Fund Services (Luxembourg) S.A., UBS Third Party Management Company S.A., AIA L.L.C., Access International Advisors Europe Limited, Access Partners (Suisse) S.A., Access Management Luxembourg S.A., Access Partners S.A. (Luxembourg), Patrick Littaye, Claudine Magon De La Villehuchet, Pierre Delandmeter and Theodore Dumbauld |
| 1:2015cv00619 |
| January 28, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jed S. Rakoff |
| Other Fraud |
| 28 U.S.C. ยง 1334 |
| Plaintiff |
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Filing
77
OPINION AND ORDER re: 50 MOTION to Dismiss the Complaint filed by Patrick Littaye, Access Partners (Suisse) S.A., Access Partners S.A. (Luxembourg), AIA L.L.C., Access Management Luxembourg S.A., Access International Advisors Ltd. Accordingly, for the foregoing reasons, the Court hereby grants the Access Defendants' motion to dismiss and dismisses plaintiff's claims with prejudice. In addition, the Court dismisses plaintiff's claims against the non-movin g defendants -- Access International Advisors Europe Limited and Theodore Dumbauld -- for the same reasons it dismisses those claims against the moving defendants. See Almeciga v. Ctr. for Investigative Reporting, Inc., 2016 WL 2621131, at *6 (S.D.N. Y. May 6, 2016) (exercising the Court's "ample authority" to dismiss claims against non-moving defendants sua sponte in such circumstances). There is nothing in the Complaint to distinguish either of these defendants from the moving d efendants for purposes of pleading proximate causation. The Clerk of the Court is thus directed to enter final judgment dismissing the Complaint with prejudice and to close the case in its entirety. (As further set forth in this Order.) (Signed by Judge Jed S. Rakoff on 5/24/2016) (kko)
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Filing
43
OPINION AND ORDER: For the foregoing reasons, the Court hereby grants the UBS Defendants' motion to dismiss for lack of personal jurisdiction. With respect to the Hill Action, No. 14-cv-9744, the Clerk of the Court is directed to enter final judgment dismissing the complaint with prejudice and to close the case in its entirety. With respect to the SPV Action, No. 15-cv-619, the Clerk of the Court is directed to close document number 18 and to terminate defendants UBS AG, UBS (Luxembourg) S.A., UBS Fund Services (Luxembourg) S.A., and UBS Third Party Management Company, S.A. Counsel for the remaining parties in the SPV OSUS action are directed to call the Court within three business days of the date of this Opinion and Order to schedule further proceedings. UBS Fund Services (Luxembourg) S.A., UBS Third Party Management Company S.A., UBS (Luxembourg) S.A. and UBS AG terminated. (Signed by Judge Jed S. Rakoff on 7/20/2015) (kl)
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