Weinman v. Gibson et al

Filing 136

ORDER Granting Plaintiff's 134 Unopposed Motion to Partially Reconsider Order Granting in Part and Denying in Part Director Defendants' Motion to Dismiss. Paul Maxwell shall remain a Defendant in this matter. By Judge Christine M. Arguello on 04/15/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 14-cv-00296-CMA-CBS
JEFFREY A. WEINMAN,
Plaintiff,
v.
MICHAEL J. MCCLOSKEY, et al.
Defendant(s).

ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION TO PARTIALLY
RECONSIDER ORDER GRANTING IN PART AND DENYING IN PART DIRECTOR
DEFENDANTS’ MOTION TO DISMISS

This matter is before the Court on Plaintiff’s Unopposed Motion to Partially
Reconsider Order Granting in Part and Denying in Part Director Defendants’ Motion to
Dismiss (Doc. # 134.)
In the Fourth Amended Complaint, Plaintiff asserted claims arising from two
transactions: the sale of the Trust Business and the sale of the Viatical Business. This
Court denominated the sale of the Trust Business as “the 2009 Distribution” and the
sale of the Viatical Business as “the 2011 Distribution.” In its Order Granting in Part and
Denying in Part Director Defendants’ Motion to Dismiss, the Court dismissed the claims
relating to the 2011 Distribution, and in doing so, dismissed Defendant Directors
Theodore Abariotes and Paul Maxwell, believing both were involved solely in the 2011
distribution. (Doc. # 132 at 25.) However, having been advised that Defendant Maxwell

was a Director who was allegedly involved in the 2009 Distribution, the Court GRANTS
Plaintiff’s Motion and ORDERS that Paul Maxwell shall remain a Defendant in this
matter.
DATED: April 15, 2015
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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