Meeker et al v. McLaughlin
| Amy Meeker and Robert Meeker |
| Patrick McLaughlin |
| 1:2017cv05673 |
| July 26, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Analisa Torres |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
55
ORDER denying 50 Motion to Dismiss. The SAC sufficiently pleads a claim of fraud against McLaughlin under the special facts doctrine or under a theory of his participation in the corporate fraud. McLaughlin's motion to dismiss the SAC is DENI ED. The parties are ordered to appear at an Initial Pretrial Conference on Tuesday, April 16, 2019, at 10:00 a.m., in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. Within one week of this conference, the parties shall jointly propose a case management plan, consistent with the Court's Individual Rules of Practice. (Signed by Magistrate Judge Sarah Netburn on 3/31/2019) (Netburn, Sarah)
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Filing
46
OPINION AND ORDER re: 38 FIRST MOTION to Dismiss Amended Complaint filed by Patrick McLaughlin. For the foregoing reasons the Court GRANTS McLaughlin's motion to dismiss in its entirety. All claims are dismissed with prejudice wi th the exception of plaintiffs' wrongful adoption claim, which is dismissed without prejudice. Plaintiffs may elect to file a second amendment complaint stating only a claim for wrongful adoption under New York law if they believe they can alleg e facts consistent with this opinion. See Discussion Part I(C)(2). Any second amended complaint must be filed within 30 days of this order. If plaintiffs elect not to file a second amended complaint, the Court will dismiss plaintiffs' wrongful adoption claim with prejudice and close this case. The Clerk of the Court is respectfully requested to terminate the motion at ECF No. 38. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 7/13/2018) (anc)
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