Kirschner v. Grant Thornton LLP, No. 1:2007cv11604 - Document 178 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER #97491: For the reasons stated above, the motions to dismiss all claims of the Litigation Trustee against these defendants is granted. This conclusion is the inevitable product of the Trustee's own complaint, which both on its face and after close examination, documents in detail how Refco participated in, and how it benefitted from, the very fraudulent acts on which the Trustee seeks to sue. Accordingly, leave to replead is denied, and the complaint is dismissed with prej udice. As this ruling disposes of all claims against these defendants and there is no just reason. for delay, the Clerk is directed, pursuant to Fed. R. Civ. P. 54(b), to enter final judgment with respect to those defendants. (Signed by Judge Gerard E. Lynch on 4/14/2009) (jpo) Modified on 5/7/2009 (mro).