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06-5511 - Ritter v. Klisivitch et al


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06-5511 - Ritter v. Klisivitch et al
July 30, 2008
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ORDER: For the foregoing reasons, Defendants' motion to dismiss the Amended Complaint 42 is GRANTED IN PART AND DENIED IN PART. See attached Memorandume & Order. Defendants' motion is GRANTED to the extent Counts One (New York State Debtor and Creditor Law), Count Four (Fraud), Count Five (Prima Facie Tort), Count Six (Intentional Infliction if Emotional Distress), Count Seven (18 U.S.C. § 1962(c)), and Count Eight (18 U.S.C. § 1962(d)) are DISMISSED. Defendants' motion is DENIED with regard to Count Two (Conversion) and Count Three (Tortious Interference With the Collection of Assets). In addition, Plaintiff's cross-motion for consolidation is granted. This action is hereby consolidated with case no. 07 CV 1853 for all purposes. All relevant documents and submissions shall be maintained as one file under case number 06 CV 5511. The Clerk of the Court is hereby directed to close case no. 07 CV 1853. Finally, Plaintiff's cross-motion to amend the pleading filed in this action is GRANTED with regard to Plaintiff's RICO and fraud claims only. However, Plaintiff is hereby advised that failure to address the pleading concerns enunciated in this Order may result in dismissal with prejudice. Plaintiff is further cautioned that any amendment is subject to scrutiny under Rule 11. Plaintiff shall file any amended pleading on or before August 26, 2008. Ordered by Senior Judge Denis R. Hurley on 7-30-08. (Hurley, Denis)