Anwar et al v. Fairfield Greenwich Limited et al, No. 1:2009cv00118 - Document 744 (S.D.N.Y. 2011)

Court Description: DECISION AND ORDER: granting in part and denying in part (612) Motion to Dismiss in case 1:09-cv-00118-VM-THK. In sum, the Court dismisses (1) the claims of Almiron and Carrillo alleging (a) violations of § 517.301; (b) negligent misrepresentation; (c) breach of fiduciary duty based on failure to monitor; (d) negligence; and (e) unjust enrichment, and (2) the Lou Complaint in its entirety. The case will proceed only as to Almiron and Carrillo's claims alleging breach of fiduciary duty for failure to perform due diligence. That the motion (Docket No. 621) of defendants Standard Chartered Bank International (America) Ltd., Standard Chartered PLC, and StanChart Securities International, Inc. to dismiss the complaints of plaintiffs Ricardo Almiron, Carlos Carrillo, and Moises Lou-Martinez and Wong Yuk Hing De Lou (collectively, "Plaintiffs") is GRANTED in part and DENIED in part; it is further That Plaintiffs herein are granted leave to replead upon submitting to the Court, within twenty-one days of the date of this Decision and Order, in the form of a letter-brief not to exceed three pages, an application plausibly showing how such repleading would correct the deficiencies identified in the Court's findings discussed above, and thus would not be futile.. (Signed by Judge Victor Marrero on 11/1/2011) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-06186-VM, 1:10-cv-06187-VM, 1:10-cv-08272-VM(pl) (Entered: 11/04/2011)