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15-538 - Goldberg v. Gray, Jr. et al


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15-538 - Goldberg v. Gray, Jr. et al
December 9, 2015
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MEMORANDUM-DECISION and ORDER. It is ORDERED that Plaintiff's 39 cross motion to amend is GRANTED and the Amended Complaint is deemed served and filed this date. Defendants Nixon Peabody, LLP and John Koeppel Esq.'s 25 motion to dismiss for failure to state a cause of action and defendants Gregory P. Edwards and Bennington Investment Management, Inc.'s 30 motion to dismiss are DENIED without prejudice. Defendants are directed to file an Answer or a Motion to Dismiss the Amended Complaint on or before January 8, 2016. Receiver's 34 motion to intervene is GRANTED. Decision concerning the Receivers 34 motion to stay is RESERVED. Defendant Gregory W. Gray Jr.'s 33 letter is STRICKEN. Defendant Gray is directed to file an Answer or a Motion to Dismiss the Amended Complaint on or before January 8, 2016. Failure to file an Answer or a Motion to Dismiss may result in the entry of a default judgment. Signed by Judge David N. Hurd on 12/9/2015. (dpk)
August 2, 2016
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MEMORANDUM, DECISION and ORDER. Defendants Nixon Peabody, LLP and John Koeppel, Esq.'s motion to dismiss the Amended Complaint for failure to state a cause of action, Dkt. No. 60 is GRANTED; defendants Bennington Investment Management, Inc. and Gregory Edwards' motion to dismiss the Amended Complaint for failure to state a cause of action, Dkt. No. 61 is GRANTED in part and DENIED in part; the Amended Complaint against defendants Nixon Peabody, LLP and John Koeppel, Esq. is DISMISSED; Claims 2, 3, 7, 9, and 10-13 in the Amended Complaint against defendants Bennington Investment Management, Inc. and Gregory Edwards are DISMISSED; claims 1, 4, 5 and 6 in the Amended Complaint against defendants Bennington Investment Management, Inc. and Gregory Edwards REMAIN; Plaintiff's motion to amend his complaint, Dkt. No. 69 is DENIED; and the Receiver's motion to stay, Dkt. No. 34 is DENIED. Signed by U.S. District Judge David N. Hurd on 8/2/2016. (lah) [copy served by regular mail on pro se deft Gregory W. Gray Jr.]