Topever Corporation v. The Ene Group, LLC et al
Topever Corporation |
The Ene Group, LLC, The Underground Group LLC, Marvin Jemal and John Does I-X |
1:2012cv00869 |
February 3, 2012 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Harold Baer |
Other Fraud |
28 U.S.C. ยง 1332 |
Plaintiff |
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Filing 44 OPINION & ORDER: re: 24 MOTION to Dismiss Second Amended Complaint. filed by The Ene Group, LLC, The Underground Group LLC, 40 MOTION to Dismiss Second Amended Complaint (Joinder in Motion). filed by Sally Jemal, Robert Grossman., M otions terminated: 40 MOTION to Dismiss Second Amended Complaint (Joinder in Motion). filed by Sally Jemal, Robert Grossman, 24 MOTION to Dismiss Second Amended Complaint. filed by The Ene Group, LLC, The Underground Group LLC. For the reasons stated above, ENE and TUG's motion with respect to the fraud in the inducement and the constructive trust claims against TUG is GRANTED and their motion with respect to the fraudulent conveyance claim against TUG and ENE, as well as the contract, account stated, and unjust enrichment claims against TUG are DENIED. Defendants Sally Jemal and Robert Grossman's motion is DENIED. The Clerk of the Court is instructed to close the two motions and remove them from my docket. SO ORDERED. (Signed by Judge Harold Baer on 3/06/2013) (ama) |
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