Life Partners Creditors' Trust, et al v. American Safe Retirements, LLC et al, No. 4:2016cv00299 - Document 39 (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. American Safe Retirements, LLC et al u.s. msrR1cr·CT :JF ff ... Doc. 39 c6L;Rr9 NORTIIERN DI'.' TRI S FILED -E -····--1 I 7 20!7 I : IN THE UNITED STATES DISTRICT C URT ! I --··. • ..I NORTHERN DISTRICT OF TEXAS CLERK, U.S. DISTRICT COURT FORT WORTH DIVISION . By _ _ _ _ _ _ __ IN RE: LIFE PARTNERS HOLDINGS, Debtor, § § § ' ' Deputy § INC., ' Case No. 15-40289-RFN-11 Chapter 11 LIFE PARTNERS CREDITORS' TRUST AND ALAN M. JACOBS, AS TRUSTEE FOR LIFE PARTNERS CREDITORS' TRUST, Plaintiffs, vs. AMERICAN SAFE RETIREMENTS, LLC, ET AL. I Defendants. § § § § § § § § § § § § § § Adversary No. 15-04110-rfn District Court Case No. 4:16-CV-299-A MEMORANDUM OPINION AND ORDER Carne on for consideration the multiple rnotions 1 filed by defendants in the above-captioned action seeking dismissal of the claims made by plaintiffs, Life Partners Creditors' Trust and Alan M. Jacobs, as Trustee for Life Partners Creditors' Trust, in their second amended complaint ("Complaint") . 2 After having considered such motions, the allegations of the Complaint, 1 Several of the motions to dismiss were filed in Adversary Case No. 15-4110. See Adv. Docs. 171, 172, 173, 184, 185, 197, & 198. Another was filed in this Case No. 4:16-CV-299-A after withdrawal of the reference. See Docs. 12, 13. The "Adv. Doc._" references are to the numbers assigned to the referenced items on the bankruptcy court docket of Adversary No. 15-04110. The "Doc._" references are to the numbers assigned to the referenced items on the docket in this Case No. 4: l 6-CV-299-A. 2 Adv. Doc. 162. Dockets.Justia.com resources in response to the inadequately pleaded complaints of plaintiffs without be 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 defendants in this action should be dismissed with prejudice. Therefore, The court ORDERS that all claims and causes of action asserted by plaintiffs against the defendants in the abovecaptioned action be, and are hereby, dismissed with prejudice. SIGNED November 17, 19 ( •.• continued) "amended charts" (referring to the exhibits to the Complaint). Doc. 37 at 8; Doc. 38 at 8. They have not sought leave to file amended charts; nor have they provided any indication of what further detail would be provided or how the amended charts could possibly resolve the numerous pleading deficiencies under Fed. R. Civ. P. 8(a) and 9(b). 33