Life Partners Creditors' Trust, et al. v. Sundelius, et al, No. 4:2016cv00200 - Document 59 (N.D. Tex. 2017)

Court Description: MEMORANDUM OPINION and ORDER: The court ORDERS that all claims and causes of action asserted by plaintiffs against the defendants in the above-captioned action be, and are hereby, dismissed with prejudice. (Ordered by Judge John McBryde on 11/17/2017) (bdb)

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Life Partners Creditors' Trust, et al. v. Sundelius, et al U.S. DISTRICT COURT Doc. 59 NORTHERN DISTRICT OF TEXAS IN THE UNITED STATES DISTRIC FILED NORTHERN DISTRICT OF TE AS I ' ' CLERK, U.S. DISTRICT FORT WORTH DIVISION IN RE: LIFE PARTNERS HOLDINGS, ET AL. INC., I Debtors, LIFE PARTNERS CREDITORS' TRUST AND ALAN M. JACOBS, AS TRUSTEE FOR LIFE PARTNERS CREDITORS' TRUST, Plaintiffs, vs. JAMES SUNDELIUS, ET AL., Defendants. § § § § § § § § § § § § § § § § § § j Deputy Case No. 15-40289-RFN Chapter 11 (Jointly Administered) Adversary No. 15-04087-rfn District Court Case No. 4:16-CV-200-A MEMORANDUM OPINION and ORDER Came on for consideration multiple motions 1 filed by defendants in the above-captioned action seeking dismissal of claims made by plaintiffs, Life Partners Creditors' Trust and Alan M. Jacobs, as Trustee for Life Partners Creditors' Trust, in their third amended complaint ("Complaint") . 2 After having considered such motions, the allegations of the Complaint, 1 The motions to dismiss were filed in Adversary Case No. 15-04087-rfn. See Adv. Docs. 142, 145, 146, 147, 148, 149, 158, 159. The "Adv. Doc._" references are to the numbers assigned to the referenced items on the bankruptcy court docket of Adversary No. 15-04087-rfn. The "Doc._" references are to the numbers assigned to the referenced items on the docket in this Case No. 4: l 6-CV-200-A. 2 Adv. Docs. 136 & 136-1through136-5. Dockets.Justia.com to make their case, and that the time has come for the court to finally dismiss the suit. Undoubtedly, plaintiffs know that they have done the best they can do. They have not sought leave to file an amended pleading at any time since defendants started filing their motions to dismiss the third amended complaint; nor have they ever suggested that they would be able to overcome their pleading deficiencies if given an opportunity to do so. Defendants have exhausted enough resources in response to the inadequately pleaded complaints of plaintiffs, without being called upon to go another round. Therefore, the court is not permitting plaintiffs to replead. v. Conclusion and Order For the reasons stated above, the court concludes that all claims asserted by plaintiffs against the remaining defendants in the above-captioned action 19 should be dismissed with prejudice. Therefore, The court ORDERS that all claims and causes of action asserted by plaintiffs against the defendants in the above- 19 The court has already rendered final judgments as to the dismissal of plaintiffs' claims against certain defendants. Docs. 41, 46, 49. 34 captioned action be, and are hereby, dismissed with prejudice. SIGNED November _J_2, 2017. / / District 35 I ,dr

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