Phoenix Ancient Art, S.A. et al v. J. Paul Getty Trust et al
| Phoenix Ancient Art, S.A., Petrarch LLC and Regulus International Capital Corp. |
| J. Paul Getty Trust, J. Paul Getty Museum, Timothy Potts, Livio Russo and Arturo Russo |
| 1:2017cv00241 |
| January 12, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Edgardo Ramos |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
115
OPINION AND ORDER re: 45 MOTION to Dismiss; 50 MOTION to Dismiss: For the foregoing reasons, the Getty Defendants motion to dismiss is GRANTED in part and DENIED in part, and the Russo Defendants motion to dismiss is GRANTED. Plaintiffs ' claims against the Russo Defendants are dismissed with prejudice for lack of personal jurisdiction. Plaintiffs are permitted to proceed on their unjust enrichment claim against the Getty Defendants, and Regulus is permitted to proceed on its b reach of third party beneficiary contract claim. They may replead their intentional interference, fraud, unfair competition, conversion, and DTSA claims against the Getty Defendants, but may not replead the claims they have conceded (breach of the im plied covenant of good faith and fair dealing against the Getty and tortious interference with contract against Potts). Plaintiffs' Amended Complaint must be filed, if at all, on or before April 20, 2018. If Plaintiffs choose not to amend, the p arties are directed to contact the Court to schedule a status conference. The Clerk of the Court is respectfully directed to terminate the motions, Doc. 45, Doc. 50. (Arturo Russo and Livio Russo terminated. Amended Pleadings due by 4/20/2018.) (Signed by Judge Edgardo Ramos on 3/29/2018) (jwh)
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