Lewis v. Smith et al
| William D. Lewis |
| Steven Smith and Oak Point Energy, LLC |
| 1:2012cv00985 |
| February 8, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Barbara S. Jones |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
43
ORDER AND OPINION re: 37 FIRST MOTION to Dismiss for Lack of Jurisdiction. filed by Steven Smith, Oak Point Energy, LLC. Plaintiff William D. Lewis sued Steven Smith and Oak Point Properties, LLC (Oak Point) for breach of contract, unjust enrichmen t, breach of fiduciary duty, an accounting, anddeclaratory judgment. Defendants previously moved to dismiss for improper service and failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). District Judge Barbara S. Jones denied Defen dants Rule 12(b)(6) motion but required Plaintiff to effectuate proper service on Defendants. The case was then transferred to this Court. The Court invited Defendants to file the instant motion to dismiss for lack of subject matter jurisdiction afte r a status conference where the subject was raised. A case is properly dismissed for lack of subject matter jurisdiction under Rule 12(b)(1) when the district court lacks the statutory or constitutional power to adjudicate it. Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000). For the reasons stated below, Defendants motion to dismiss is DENIED. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/4/2013) (rsh)
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