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13-257 - Elsevier Inc. et al v. Memon et al


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13-257 - Elsevier Inc. et al v. Memon et al
March 23, 2015
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MEMORANDUM & ORDER granting in part and denying in part 84 Motion for Judgment on the Pleadings; granting 146 Motion to Strike; For the foregoing reasons, the Memon Defendants' motion for judgment on the pleadings, (Docket Entry 84), is GRANTED IN PART AND DENIED IN PART. Specifically, the Civil RICO claims brought against Hanif Memon, Samina Memon, Abdul Karar, and Muhammad Tobria and Plaintiffs' RICO conspiracy claim, brought pursuant to 18 U.S.C. 1962(d) are DISMISSED WITHOUT PREJDICE. Plaintiffs' aiding and abetting fraud claim and conspiracy to commit fraud claim are also DISMISSED WITHOUT PREJUDICE. Plaintiffs' conversion claim is DISMISSED WITH PREJUDICE. The balance of the Memon Defendants' motion is DENIED. If Plaintiffs' wish to file an Amended Complaint, they must do so within thirty (30) days of the date of this Order. Plaintiffs' motion to strike the Gaziani Defendants' Answer and enter a default judgment against them, (Docket Entry 146), is GRANTED. Therefore, the Clerk of the Court is directed to enter certificates of default for Defendants Haji Suleman Gaziani and Mohammad Iqbal Gaziani. The Court will defer ruling on the measure of damages owed by the Gaziani Defendants until the case is resolved against all non-defaulting defendants. So Ordered by Judge Joanna Seybert on 3/23/2015. C/ECF (Valle, Christine)
March 29, 2018
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ORDER; See Attachment for details as directed by JS Chambers. So Ordered by Judge Joanna Seybert on 3/29/2018. C/ECF (Valle, Christine) Modified on 3/29/2018 to edit text as directed by JS Chambers. (Valle, Christine).