Air China Limited v. Li et al

Air China Limited v. Li et al

Case Number:	1:2007cv11128
Filed:	December 10, 2007
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Laura Taylor Swain
Nature of Suit:	Racketeer/Corrupt Organization
Cause of Action:	18 U.S.C. § 1961 Racketeering (RICO) Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 31, 2009	Filing 48 MEMORANDUM OPINION AND ORDER#97352: For the reasons set forth in this opinion, Plaintiff's first claim under RICO Section 1962(c) is dismissed with respect to defendants Varacchi, Deutsch, WBM-JMK, JMK Construction, TCC, GMAC, and GMAC IPG. Pla intiff's third claim for breach of fiduciary duty and ninth claim for an accounting are both dismissed. Plaintiff's tenth claim for relief pursuant to New York General Business Law section 349 is dismissed with respect to defendants Kopf, Varacchi, WBM-JMK, JMK Construction and TCC. Plaintiff's eighth claim for common law fraud in the inducement and deceit is dismissed with respect to defendants WBM-JMK, JMK Construction, TCC, GMAC, and GMAC IPG. Plaintiff's fourth and fif th claims for conversion and unjust enrichment are dismissed with respect to defendants GMAC and GMAC IPG. Defendants' motion for judgment on the pleadings is denied in all other respects. Plaintiff has requested leave to replead any dismissed counts. The application is granted. Plaintiff may file an amended complaint within 21 days of the date hereof. In the absence of such a timely filed amended pleading, all the claims for relief dismissed hrerein shall be deemed dismissed with prej udice. This case remains referred to Magistrate Judge Eaton for general pre-trial management. The final pre-trial conference is scheduled for 12/4/09. This Memorandum Opinion and Order resolves docket entry no. 42. So Ordered. (Signed by Judge Laura Taylor Swain on 3/31/09) (dle) Modified on 4/2/2009 (mro).

Date Filed

Document Text

March 31, 2009

Filing 48 MEMORANDUM OPINION AND ORDER#97352: For the reasons set forth in this opinion, Plaintiff's first claim under RICO Section 1962(c) is dismissed with respect to defendants Varacchi, Deutsch, WBM-JMK, JMK Construction, TCC, GMAC, and GMAC IPG. Pla intiff's third claim for breach of fiduciary duty and ninth claim for an accounting are both dismissed. Plaintiff's tenth claim for relief pursuant to New York General Business Law section 349 is dismissed with respect to defendants Kopf, Varacchi, WBM-JMK, JMK Construction and TCC. Plaintiff's eighth claim for common law fraud in the inducement and deceit is dismissed with respect to defendants WBM-JMK, JMK Construction, TCC, GMAC, and GMAC IPG. Plaintiff's fourth and fif th claims for conversion and unjust enrichment are dismissed with respect to defendants GMAC and GMAC IPG. Defendants' motion for judgment on the pleadings is denied in all other respects. Plaintiff has requested leave to replead any dismissed counts. The application is granted. Plaintiff may file an amended complaint within 21 days of the date hereof. In the absence of such a timely filed amended pleading, all the claims for relief dismissed hrerein shall be deemed dismissed with prej udice. This case remains referred to Magistrate Judge Eaton for general pre-trial management. The final pre-trial conference is scheduled for 12/4/09. This Memorandum Opinion and Order resolves docket entry no. 42. So Ordered. (Signed by Judge Laura Taylor Swain on 3/31/09) (dle) Modified on 4/2/2009 (mro).

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