Schentag v. Nebgen et al
Available Case Documents
The following documents for this case are available for you to view or download:
|Date Filed||#||Document Text|
|June 21, 2018
MEMORANDUM OPINION AND ORDER re: 33 MOTION to Dismiss filed by Volant Pharma AG, Joseph M. Fayad, Volant Holdings GMBH, Parviz Ghahramani, Georg Nebgen. For the reasons stated herein, Defendants' motion to dismiss th e complaint is GRANTED in part and DENIED in part. Plaintiff's claims under the Securities Act and the Exchange Act are dismissed without prejudice. Plaintiff's common law fraud claim is dismissed without prejudice. Plaintiff's b reach of contract claim is dismissed without prejudice. Plaintiff's breach of fiduciary duties claim survives. Plaintiff is granted leave to replead those claims that have been dismissed without prejudice no later than thirty (30) days follow ing the date of this order. See Rutolo v. City of New York, 514 F.3d 184, 191 (2d Cir. 2008) (noting that leave to amend is "liberally granted"). The Clerk of Court is directed to terminate the motion pending at Dkt. No. 33. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/21/2018) (anc)
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system.
A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?