Lateral Recovery, LLC, et al v. Capital Merchant Services, LLC et al, No. 1:2021cv09336 - Document 48 (S.D.N.Y. 2022)
Court Description: ORDER: granting in part and denying in part 21 Motion to Dismiss; granting in part and denying in part 24 Motion to Dismiss; granting in part and denying in part 26 Motion to Dismiss. For the reasons stated in a forthcoming Opinion and Order , the motions to dismiss are GRANTED IN PART and DENIED IN PART. The Court grants the motions to dismiss on the common law fraud claims. The Court denies the motions to dismiss as to the RICO conspiracy claim and the substantive RICO claim. The Clerk of Court is respectfully directed to close Dkt. Nos. 21, 24, and 26. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/30/2022) (ama)
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Lateral Recovery, LLC, et al v. Capital Merchant Services, LLC et al UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : LATERAL RECOVERY, LLC et al., : : Plaintiffs, : : -v: : CAPITAL MERCHANT SERVICES, LLC et al., : : Defendants. : : ---------------------------------------------------------------------- X Doc. 48 9/30/2022 21-cv-9336 (LJL) ORDER LEWIS J. LIMAN, United States District Judge: Defendants have filed three separate motions to dismiss an amended complaint brought against them. Dkt. Nos. 21, 24, and 26. For the reasons stated in a forthcoming Opinion and Order, the motions to dismiss are GRANTED IN PART and DENIED IN PART. The Court grants the motions to dismiss on the common law fraud claims. The Court denies the motions to dismiss as to the RICO conspiracy claim and the substantive RICO claim. The Clerk of Court is respectfully directed to close Dkt. Nos. 21, 24, and 26. SO ORDERED. Dated: September 30, 2022 New York, New York __________________________________ LEWIS J. LIMAN United States District Judge Dockets.Justia.com
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