Basic Capital Management Inc et al v. Dynex Capital Inc et al
| Basic Capital Management Inc, American Realty Trust Inc and Transcontinental Realty Investors Inc |
| Dynex Capital Inc and Dynex Commercial Inc |
| 3:2017cv01147 |
| May 1, 2017 |
| U.S. District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Sidney A Fitzwater |
| All Other Real Property |
| 28 U.S.C. ยง 1441 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
95
MEMORANDUM OPINION AND ORDER: The Court DISMISSES with PREJUDICE the plaintiffs' fraudulent transfer claims and alter ego claim for failure to state a claim under FRCvP 12(b)(6). Consequently, the Court DENIES the plaintiffs' requests fo r exemplary damages and attorney's fees. Because the Court's dismissal of the plaintiffs' claims is dispositive, the Court DISMISSES as MOOT the defendants' pending 94 motion to extend time to file summary judgment and any other pending motions. (Ordered by Judge Brantley Starr on 10/28/2019) (twd)
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Filing
68
MEMORANDUM OPINION AND ORDER granting 47 Motion to Dismiss for Failure to State a Claim filed by Dynex Capital Inc; granting 48 Motion to Dismiss for Failure to State a Claim filed by Dynex Holding Inc.; granting 49 Motion to Dismiss for Failure to State a Claim filed by Stephen Benedetti; granting 50 Motion to Dismiss for Failure to State a Claim and denying without prejudice as moot MOTION to Strike filed by Dynex Commercial Inc.; granting 51 MOTION to Dismiss filed by ICD Holding Inc ; and denying without prejudice 66 MOTION for Leave to File Leave to Supplement the Record filed by American Realty Trust Inc, Basic Capital Management Inc, Transcontinental Realty Investors Inc.; and granting plaintiffs leave to replead within 28 days of the date the Memorandum Opinion and Order is filed. (Ordered by Senior Judge Sidney A Fitzwater on 1/25/2019) (Senior Judge Sidney A Fitzwater)
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Filing
43
MEMORANDUM OPINION AND ORDER granting 6 MOTION to Dismiss filed by Dynex Capital Inc.; granting 8 MOTION to Dismiss for Failure to State a Claim filed by Dynex Commercial Inc. The court grants plaintiffs 28 days from the date this memorandum opinion and order is filed to file an amended complaint. (Ordered by Judge Sidney A Fitzwater on 5/7/2018) (Judge Sidney A Fitzwater)
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Filing
35
MEMORANDUM OPINION AND ORDER denying 10 Motion to Remand to State Court, filed by Basic Capital Management Inc, American Realty Trust Inc, Transcontinental Realty Investors Inc.; denying as moot 21 Motion to Stay filed by Basic Capital Management Inc, Transcontinental Realty Investors Inc. (Ordered by Judge Sidney A Fitzwater on 11/7/2017) (Judge Sidney A Fitzwater)
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