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15-11474 - JLI Invest S.A. et al v. Computershare Trust Company, N.A. et al


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15-11474 - JLI Invest S.A. et al v. Computershare Trust Company, N.A. et al
September 13, 2016
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Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. For the foregoing reasons, Defendants Motion to Stay [ECF No. 35] is hereby DENIED, without prejudice to renew after the close of discovery.(Folan, Karen)
January 23, 2017
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Judge Allison D. Burroughs: Corrected MEMORANDUM AND ORDER entered. For the foregoing reason, Defendants' Motions to Dismiss on statute of limitations grounds [ECF Nos. 66, 70] are GRANTED IN PART AND DENIED IN PART with respect to the statute of limitations issues. Plaintiffs claims for negligence (Count I), conversion (Count III), breach of fiduciary duty (Count VI), violations of state securities laws (Count VIII), and violation of ยง 1983 (Count IX) are time-barred and therefore DISMISSED without prejudice. Plaintiffs may seek to amend the Complaint if discovery reveals alternative grounds for tolling the statute of limitations. Plaintiffs' claims for breach of contract (Count IV), breach of the implied covenant of good faith and fair dealing (Count V), Chapter 93A (Count II), and negligent misrepresentation (Count X) are not dismissed at this stage, although Defendants may raise the defense again at a later stage once the facts have been sufficiently developed. The motions to dismiss [ECF Nos. 66, 70] with respect to the non-statute of limitations issues remain under advisement. (NEF Regenerated) (Main Document 94 replaced on 1/24/2017) (Montes, Mariliz). Modified on 1/24/2017 (Montes, Mariliz).