Gerloff v. Hostetter Schneider Realty, No. 1:2012cv09404 - Document 34 (S.D.N.Y. 2014)

Court Description: OPINION & ORDER re: 12 MOTION to Dismiss Amended Complaint Pursuant to Rule 12(b)(6). filed by Hostetter Schneider Realty, HS Asset Management Group LLC: Defendants Motion to Dismiss is GRANTED. Plaintiff is granted leave to amend its compla int within 30 days of this order. In addition to discussing the matters discussed above, the second amended complaint shall include detailed subject matter jurisdiction allegations, including for any limited liability company, partnership or trust, t he citizenship of each of the entitys shareholders, members, partners and/or trustees. Defendants shall file an affidavit providing this information within one week of the date of this order. In the event that Plaintiff files a second amended complai nt, the parties shall appear for a status conference on May 1, 2014, at 11:10 a.m. and shall file by April 29, 2014, a joint Proposed Case Management Plan and Scheduling Order as provided in the Courts Individual Rules. The Clerk of the Court is directed to close the motion at Docket # 12. (Signed by Judge Lorna G. Schofield on 03/20/2014) (jcs) (Additional attachment(s) added on 3/20/2014: # 1 Appendix A, # 2 Appendix B) (jcs).

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Appendix B Questions Directed to Herr Dr. Professor Peter von Wilmowsky for a Court Appointed Expert Report Pursuant to Federal Rule of Civil Procedure 44.1 and Federal Rule of Evidence 706 1) What are the elements of a claim under Section 131(1) of the German Insolvency Law? Does Plaintiff s Complaint state a claim for relief under Section 131(1) of the German Insolvency Law? 2) What are the elements of a claim under Section 134 of the German Insolvency Law? Does Plaintiff s Complaint state a claim for relief under Section 134 of the German Insolvency Law? 3) What are the elements of a claim under Section 133 of the German Insolvency Law? Do the facts as alleged in Plaintiff s Complaint support a claim for relief under Section 133 of the German Insolvency Law in the event that the Court allowed Plaintiff to amend its Complaint? 4) How long are the applicable statutes of limitation to claims made under Sections 131, 134, and 133 of the German Insolvency Law? 5) On what date does the applicable statute of limitations begin to run under Sections 131, 134, and 133 of the German Insolvency Law? 6) What must a Plaintiff prove to state a claim for equity and good conscience under German law? Does Plaintiff s Complaint state a claim for equity and good conscience under German law? 7) Are there other points of German law that you believe the Court should understand in order to make its decision? In each instance, please explain your conclusion to the extent it is not self evident.

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