Yukos Capital SARL et al v. Feldman, No. 1:2015cv04964 - Document 225 (S.D.N.Y. 2016)

Court Description: MEMORANDUM OPINION re: 130 MOTION to Dismiss Amended Counterclaims and Third-Party Claims. For the foregoing reasons, plaintiffs' and third-party defendants' motion to dismiss Feldman's amended counterclaims [DI 130] i s GRANTED to the extent that Count I is dismissed as to the statements made by O'Sullivan, Meerdink, Drop, and van den Muijsenbergh after the commencement of this litigation and as to defendants Guillenchmidt and King, and Count III is dismissed , and DENIED in all other respects. The dismissal of Count III with respect to third-party defendants is without prejudice to the filing, on or before September 28, 2016, of an amended answer repleading the SCA claim to attempt to cure the failure to allege specific facts as to each third-party defendant to make out a plausible claim that Crowe Horwath acted in relevant part as an agent of each, and nothing else. (As further set forth in this Order.) Fair Oaks Trade and Invest Limited amended answer due 9/28/2016; Marc Fleischman amended answer due 9/28/2016; David Godfrey amended answer due 9/28/2016; Gretchen King amended answer due 9/28/2016; Steven Theede amended answer due 9/28/2016; Michel de Guillenchmidt amended answer due 9/28/2016. (Signed by Judge Lewis A. Kaplan on 9/14/2016) (kko)