SBI Investments LLC, 2014-1 v. Eventure Interactive, Inc. et al, No. 1:2017cv04159 - Document 34 (S.D.N.Y. 2018)

Court Description: MEMORANDUM OPINION AND ORDER re: 24 SECOND MOTION to Dismiss for failure to state a claim and for lack of particularity. filed by Gannon Giguiere, Michael D. Rountree, 21 FIRST MOTION to Dismiss for improper venue pursuant to FR CP 12(b)(3). filed by Eventure Interactive, Inc.., The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the reasons explained, the Individual Defendants' motion to dismiss is granted, and Eventure's motion to dismiss is granted in part and denied in part. SBI's fraudulent inducement claims against the Individual Defendants and SBI's claims against Eventure arising out of the Convertible Note Agreements are dismissed without prejudice. SBI is granted leave to file any amended complaint by June 19, 2018. The Clerk is directed to close all pending motions. The hearing scheduled for June 27, 2018, is canceled. SO ORDERED. Amended Pleadings due by 6/19/2018. (Signed by Judge John G. Koeltl on 5/28/2018) (rj)