Vazirani et al v. Heitz

Filing 75

MEMORANDUM AND ORDER denying 72 Motion for Reconsideration. Signed by District Judge Monti L. Belot on 6/30/2011. (rs)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

ANIL VAZIRANI, an individual, and
SECURED FINANCIAL SOLUTIONS, LLC
Plaintiffs,
v.
MARK V. HEITZ, an individual, and
JORDAN CANFIELD, an individual
Defendants.
VAZIRANI & ASSOCIATES FINANCIAL,
LLC
Plaintiff,
v.
MARK V. HEITZ, an individual, and
JORDAN CANFIELD, an individual
Defendants.

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CIVIL ACTION
No.
No.

09-1311-MLB-KGG
11-1032-MLB-KGG

MEMORANDUM AND ORDER
Before the court is defendant’s motion for reconsideration (Doc.
72).

Defendant’s motion is denied.
Defendant argues the conspiracy and aiding and abetting claims

should be dismissed because the underlying alleged tort was dismissed
as time barred.

Defendant presents the court with Kansas cases

finding that claims like conspiracy and aiding and abetting must be
dismissed where the underlying tort is dismissed, even if such
dismissal is because of a time bar.
Although

Kansas

generally

applies

its

own

statutes

of

limitations to actions before it, Arizona provides the substantive law
in this case (Doc. 12 at p. 4).

Under Arizona law, the dismissal of

the underlying tort because it was time barred does not mean the
conspiracy and aiding and abetting claims must also be dismissed. The
court has not decided the conspiracy and aiding and abetting claims
on the merits.

Defendant’s motion for reconsideration (Doc. 73) is

denied.

IT IS SO ORDERED.
Dated this

30th

day of June 2011, at Wichita, Kansas.

s/ Monti Belot
Monti L. Belot
UNITED STATES DISTRICT JUDGE

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