DDR Construction Services, Inc. v. Siemens Industry, Inc. et al
| DDR Construction Services, Inc. |
| Siemens Industry, Inc., Siemens Energy & Automation, Inc., Schlesinger-Siemens Electrical, Schlesinger Electrical Contractors, Inc., First Keystone Consultants Inc., Alison Consulting Group, Inc., Jacob Levita, Robert Solomon, Jeffrey Deurlein, Joseph Guddemi, Robert Rigsby, Harry Volande, Frank Krutemeier and John Does 1-50 |
| 1:2009cv09605 |
| November 18, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Richard J. Holwell |
| Plaintiff |
| 18 U.S.C. ยง 1961 Racketeering (RICO) Act |
| Plaintiff |
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Filing
85
MEMORANDUM OPINION AND ORDER: Defendants motions to dismiss are GRANTED. DDR's RICO claim is dismissed as against SEA, Deurlein, Volande, Krutemeier, Schlesinger, Levita, Guddemi, and Rigsby. DDR's civil conspiracy claim is dismissed as against SEA, Deurlein, Volande, Krutemeier, Schlesinger, Levita, Guddemi, and Rigsby. DDRs conversion claim is dismissed as against SII, SEA, SSE, Deurlein, Volande, Krutemeier, Schlesinger, Levita, Alison, Guddemi, and Rigsby. DDR's declaratory judgment, fiduciary duty, fraud, unjust enrichment, negligence, and negligent entrustment claims are dismissed in their entirety. DDRs RICO, civil conspiracy, and conversion claims survive as against First Keystone and Solomon. The dismissal of DD R's fraud claim is without prejudice to refiling that claim in compliance with Federal Rule of Civil Procedure 9(b). The remaining dismissals are with prejudice. DDR's cross-motion to strike and to dismiss, and for sanctions is GRANTED IN P ART and DENIED IN PART. The First Keystone Defendants' second and third counterclaims are dismissed in their entirety. The First Keystone Defendants' first counterclaim survives in its entirety. The First Keystone Defendants' Answer w ill not be stricken. DDR's motion for sanctions is denied. DDR's cross-motion for leave to pursue sanctions against the Schlesinger Defendants is DENIED. DDR may file a motion for leave to amend pleadings. The Clerk of the Court is directed to close these motions 35 , 38 , 43 , 51 , and 60 . SO ORDERED. (Signed by Judge Richard J. Holwell on 3/22/2011) (lnl)
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