Watson et al v. Riptide Worldwide, Inc. et al
| Christopher Watson and Intellectus, LLC |
| Riptide Worldwide, Inc., Francis E. Wilde, Tommy E. Wheeler, Joseph E. Vitetta, Jr., Richard Connelly and Philip E. Loeffel |
| 1:2011cv00874 |
| February 8, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A. Crotty |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
87
OPINION & ORDER: CONCLUSION For the foregoing reasons, the Court grants Defendant Vitetta's and Connelly's motions to dismiss Counts 3 and 8 for failure to plead negligent misrepresentation. Plaintiffs have leave to replead these counts in order to allege the specific nature of the alleged misrepresentations and the degree to which these Defendants were involved in the transaction. Counts 12, 13, and 15 are time-barred and are dismissed with prejudice as against Loeffel. Count 14 is also dismissed with prejudice for failure to state a claim as against Loeffel. Count 18 is dismissed pursuant to Rule 9(b) with leave to replead. The Clerk of Court is directed to terminate these motions at Docket Nos. 10, 29, and 44. Plaintiffs m ay have until March 9, 2012 to file an amended complaint. The Court will hold a pretrial conference in this case on Wednesday, March 21, 2012 at 3:45 p.m. to discuss whether to adopt a civil case management plan or if Defendants intend to renew their Rule 12(b)(6) motions.SO ORDERED. (Signed by Judge Paul A. Crotty on 02/04/13) (mov)
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Filing
53
OPINION & ORDER: For the foregoing reasons, the Court grants Defendant Vitetta's and Connelly's motions to dismiss Counts 3 and 8 for failure to plead negligent misrepresentation. Plaintiffs have leave to replead these counts in order to a llege the specific nature of the alleged misrepresentations and the degree to which these Defendants were involved in the transaction. Counts 12, 13, and 15 are time-barred and are dismissed with prejudice as against Loeffel. Count 14 is also dismi ssed with prejudice for failure to state a claim as against Loeffel. Count 18 is dismissed pursuant to Rule 9(b) with leave to replead. The Clerk of Court is directed to terminate these motions at Docket Nos. 10, 29, and 44. Plaintiffs may have un til March 9, 2012 to file an amended complaint. The Court will hold a pretrial conference in this case on Wednesday, March 21, 2012 at 3:45 p.m. to discuss whether to adopt a civil case management plan or if Defendants intend to renew their Rule 12(b)(6) motions. SO ORDERED. (Signed by Judge Paul A. Crotty on February 7, 2012) Copy Mailed By Chambers To: E. Joseph Vitetta, Jr. 260 Ambleside Chase Alpharetta, GA 30022(mov)
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