Holland v. Cerberus Capital Management LP et al
| Robert Holland |
| Mike Grzbowski, Jonathan Jeffries, John Schultheis, Skip Bosak, Mrs Bosak, Bosak Motors Auto Dealership, Kimberly Johnson, Paul Davis, Chrysler Financial LLC, Robert Nardelli, Stephen Feinberg, Bull Dog Towing and Cerberus Capital Management LP |
| 2:2013cv00491 |
| December 30, 2013 |
| US District Court for the Northern District of Indiana |
| Hammond Office |
| Lake |
| John E Martin |
| Rudy Lozano |
| Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. ยง 1962 |
| Plaintiff |
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Filing
103
OPINION AND ORDER: Defendants Cerberus Capital Management, LP, Stephen Feinberg, and Robert Nardellis Motion to Dismiss Plaintiffs Verified Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and (b)(2) 28 , is GRANTED. The Clerk is ORDERED to DISMISS t he federal claims against these defendants, Cerberus Capital Management, LP, Stephen Feinberg, and Robert Nardelli, WITH PREJUDICE and the state claims are DISMISSED WITHOUT PREJUDICE. The Motion for Oral Argument on Cerberus Defendants Motion to Di smiss Plaintiffs Verified Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) and (B)(2) 65 is DENIED. Defendants, Bosak Motors Auto Dealership, et al.s Motion to Dismiss 57 is GRANTED. The Clerk is ORDERED to DISMISS the federal claims against these defendants, Bosak Motors Auto Dealership, Mr. and Mrs. Skip Bosak, John Schultheis, Jonathan Jeffries, and Mike Grzbowski WITH PREJUDICE and the state claims are DISMISSED WITHOUT PREJUDICE. Defendants Motion to Dismiss 69 is GRANTED. The Clerk i s ORDERED to DISMISS the federal claims against theseDefendants, Kimberly Johnson and TD Auto Finance LLC, Successor in interest to Chrysler Financial LLC, WITH PREJUDICE and the state claims are DISMISSED WITHOUT PREJUDICE. Defendants Motion to Dism iss 70 , is duplicative and therefore DENIED AS MOOT. The Request for Default Judgment Sum Certain by the Clerk of the Court, 71 is DENIED. The Request for Clerks Entry ofDefault Judgment, 37 is DENIED. The Clerk is ALSO ORDERED to DISMISS th e federal claims against these defendants, Paul Davis, Bull Dog Towing, and the CEO of Bull Dog Towing, WITH PREJUDICE and DISMISS the state claims WITHOUT PREJUDICE. The Application for Judgment by Default Sum Certain 99 , is DENIED. The Request for the Court to Issue an Order for the Defendants toRemove Damaging Credit Information From the Credit Reporting Agencies, 100 is DENIED. The relief requested in the Brief on Treble Damages Pursuant to State Law, 101 is DENIED. Finally, the Clerk is ORDERED to CLOSE THIS CASE. Signed by Judge Rudy Lozano on 11/18/2014. (cc: Holland) (rmn)
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