Bigsby v. Barclays Capital Real Estate, Inc. et al, No. 1:2014cv01398 - Document 129 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER re: 109 MOTION to Dismiss the Second Amended Complaint. filed by Barclays Capital Real Estate, Inc. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the a rguments are either moot or without merit. For the reasons explained above, Barclays's Rule 12(b) (6) motion to dismiss is granted in part and denied in part. Barclays's motion is granted insofar all claims against John Does are dismissed a nd the RICO claims, the California UCL claims, all common law fraud claims, all constructive trust claims, all accounting claims, and the California fair debt collection claims against Barclays are dismissed. Barclays's motion is denied as to al l of the unjust enrichment claims, conversion claims, and the California breach of contract claims. The Clerk is directed to close the motion at docket number 109. SO ORDERED., (John Does 1-20 terminated.) (Signed by Judge John G. Koeltl on 3/28/18) (yv)