Refco Inc. v. Cantor Fitzgerald, L.P. et al, No. 1:2013cv01654 - Document 39 (S.D.N.Y. 2014)

Court Description: OPINION AND ORDER. For the reasons stated in this Opinion and Order, Defendants' motion to dismiss is granted in part and denied in part. CIL, CGWL (UK), CFE, and CGL are dismissed from this action. Count II is dismissed as to Merkel. Count III is dismissed as to all Defendants except Cantor Nevada, Lutnick, Merkel, and Amaitis. Counts V, VII, VIII, and IX are dismissed as to all Defendants. RGL's remaining claims survive with respect to certain of the Challenged Transactions. The part ies shall appear for a conference on June 24, 2014 at 5:00 p.m. in Courtroom 1506 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The parties shall jointly submit to the Court a proposed case management plan an d scheduling order by June 20, 2014. A template for the order is available at http://nysd.uscourts.gov/judge/Abrams. The Clerk of Court is respectfully instructed to terminate the motion pending at Docket Number 20. Re: 20 MOTION to Dismiss T he Amended Complaint in Its Entirety filed by Cantor Fitzgerald Europe, Cantor Index Holdings, L.P., Cantor Index Holdings Limited Partnership LLC, Cantor Gaming Limited, Cantor Fitzgerald Securities, Cantor Gaming & Wagering Limited, Stephen Merkel, Howard W. Lutnick, Cantor Index LLC, Cantor Entertainment Technology, Inc., Cantor G&W (Nevada) L.P., Cantor Index Limited, Cantor Fitzgerald Game Holdings, LLC, Cantor Fitzgerald, L.P., Lee Amaitis. (Signed by Judge Ronnie Abrams on 6/10/2014) (rjm)