BPP Illinois, LLC et al v. The Royal Bank of Scotland Group PLC et al
BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, FFC Partnership, L.P. and Fine Capital Associates, L.P. |
The Royal Bank of Scotland Group PLC, RBS Citizens, N.A. and Citizens Bank of Pennsylvania |
1:2013cv00638 |
January 28, 2013 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of U.S. |
Jesse M. Furman |
Fraud or Truth-In-Lending |
28 U.S.C. ยง 1330 Breach of Contract |
Both |
Available Case Documents
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Filing 90 OPINION AND ORDER re: 61 MOTION for Leave to File Second Amended Complaint filed by Budget Portfolio Properties, LLC, FFC Partnership, L.P., BPP Iowa, LLC, BPP Minnesota, LLC, BPP Michigan, LLC, Fine Capital Associate s, L.P., BPP Texas, LLC, BPP Illinois, LLC, BPP Wisconsin, LLC, 55 MOTION to Transfer Case filed by Budget Portfolio Properties, LLC, FFC Partnership, L.P., BPP Iowa, LLC, BPP Minnesota, LLC, BPP Michigan, LLC, Fin e Capital Associates, L.P., BPP Texas, LLC, BPP Illinois, LLC, BPP Wisconsin, LLC: For the reasons stated above, Plaintiffs' motion for leave to amend and restore the claims of the FFC Plaintiffs and the Equity Plaintiff is DENIED. Defen dants' motion to dismiss is GRANTED insofar as the Court holds that the BPP Plaintiffs may not pursue their claims for lack of standing or based on judicial estoppel. But instead of dismissing the case outright, the Court stays the case to g ive an appropriate party the opportunity to move in the Bankruptcy Court to reopen the bankruptcy case and then pursue the claims against Defendants here. The Court sees no reason to keep the case open while the case is stayed. Accordingly, the Cl erk of Court is directed to administratively close the case without prejudice to the right of an appropriate party to reopen the case within six months of the date of this Opinion and Order in the event that there is a party with standing to pursue the claims against Defendants. In addition, the Clerk of Court is directed to terminate Docket Nos. 55 and 61. (Signed by Judge Jesse M. Furman on 10/19/2015) (tn) |
Filing 44 OPINION AND ORDER re: 21 MOTION to Dismiss Complaint. filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC, 28 MOTION to Dismiss Amended Complaint. filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. For the foregoing reasons, Defendants' motion to dismiss the Amended Complaint is GRANTED. Defendants' previously filed motion to dismiss the initial Complaint is denied as moot. The Clerk of Court is directed to terminate Docket Nos. 21 and 28 and to close the case. (Signed by Judge Jesse M. Furman on 11/13/2013) (djc) |
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