ALPVEX, Inc. v. ACIA, LLC et al

ALPVEX, Inc. v. ACIA, LLC et al

Case Number:	1:2017cv00388
Filed:	April 6, 2017
Court:	US District Court for the Northern District of New York
Office:	Albany Office
County:	Albany
Presiding Judge:	David N. Hurd
Nature of Suit:	Other Fraud
Cause of Action:	28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
December 9, 2019	Filing 119 ORDER APPROVING THE # 115 STIPULATION OF DISMISSAL AS TO GRAEME MCDOWELL, Individually and as a member of ACIA, LLC. Further that # 113 Motion for Summary Judgment is terminated as moot. The dismissal is with prejudice and without costs. Signed by Judge David N. Hurd on 12/9/19. (kmp)
November 26, 2019	Filing 111 MEMORANDUM DECISION AND ORDER: It is hereby ORDERED that Plaintiff's # 100 motion for summary judgment is DENIED; it is further ORDERED that Defendants Swan and John Swan Ltd.'s # 101 motion for summary judgment is GRANTED; it is furthe r ORDERED Plaintiff's claims of: (1) fraud; (3) fraudulent conveyance; (4) conversion; (5) bad faith; (6) breach of fiduciary duty; (7) breach of contract; and (8) unjust enrichment are DISMISSED WITHOUT PREJUDICE AGAINST ALL DEFENDANTS; it is f urther ORDERED Plaintiff's claims of: (2) fraud in the inducement; and (9) civil conspiracy are DISMISSED WITH PREJUDICE AGAINST DEFENDANTS SWAN AND JSL; it is further ORDERED Defendant Swan's cross-claim is DISMISSED WITHOUT PREJUDICE; it is further ORDERED Defendants Swan and John Swan Ltd. are dismissed from this action; and it is further ORDERED that this Court defers judgment until plaintiff's remaining claims against the remaining defendants are resolved, as well as defendant McDowell's counterclaim. Signed by Judge David N. Hurd on 11/26/2019. (pjh, )

Date Filed

Document Text

December 9, 2019

Filing 119 ORDER APPROVING THE # 115 STIPULATION OF DISMISSAL AS TO GRAEME MCDOWELL, Individually and as a member of ACIA, LLC. Further that # 113 Motion for Summary Judgment is terminated as moot. The dismissal is with prejudice and without costs. Signed by Judge David N. Hurd on 12/9/19. (kmp)

November 26, 2019

Filing 111 MEMORANDUM DECISION AND ORDER: It is hereby ORDERED that Plaintiff's # 100 motion for summary judgment is DENIED; it is further ORDERED that Defendants Swan and John Swan Ltd.'s # 101 motion for summary judgment is GRANTED; it is furthe r ORDERED Plaintiff's claims of: (1) fraud; (3) fraudulent conveyance; (4) conversion; (5) bad faith; (6) breach of fiduciary duty; (7) breach of contract; and (8) unjust enrichment are DISMISSED WITHOUT PREJUDICE AGAINST ALL DEFENDANTS; it is f urther ORDERED Plaintiff's claims of: (2) fraud in the inducement; and (9) civil conspiracy are DISMISSED WITH PREJUDICE AGAINST DEFENDANTS SWAN AND JSL; it is further ORDERED Defendant Swan's cross-claim is DISMISSED WITHOUT PREJUDICE; it is further ORDERED Defendants Swan and John Swan Ltd. are dismissed from this action; and it is further ORDERED that this Court defers judgment until plaintiff's remaining claims against the remaining defendants are resolved, as well as defendant McDowell's counterclaim. Signed by Judge David N. Hurd on 11/26/2019. (pjh, )

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