Roberts v. Perez et al
| Shirley Roberts |
| Mahandra Persaud, Ivonne Santos, Francia Rodriguez, Ramon Perez, Joseph Altman and John and Jane Doe |
| 1:2013cv05612 |
| August 12, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Jesse M. Furman |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1964 Racketeering (RICO) Act |
| Plaintiff |
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Filing
75
MEMORANDUM OPINION AND ORDER re: 57 MOTION to Dismiss Plaintiff's Amended Complaint filed by Ivonne Santos, 53 MOTION to Dismiss the amended complaint filed by Mahandra Persaud, 47 MOTION to Dismiss Amende d Complaint filed by Joseph Altman. For the foregoing reasons, the Court concludes that it lacks subject-matter jurisdiction, and the Attorney Defendants' motions are GRANTED. Further, given the lack of subject-matter jurisdictio n, the case must be dismissed as to all Defendants. In light of the Court's holding, the Court does not need to (and, indeed, should not) reach any of Defendants' arguments on the merits. The Court denies Defendant Santos's request for sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure (Santos Mem. 17-23), as Santos failed to comply with the requirement of Rule 11(c)(2) that any motion for sanctions be "made separately from any other motion." See also Williamson v. Recovery Ltd. P'ship, 542 F.3d 43, 51-52 (2d Cir. 2008). The Clerk of Court is directed to terminate Docket Nos. 47, 53, 57 and to close the case. (Signed by Judge Jesse M. Furman on 8/7/2014) (mro)
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