O'Leary v. Labor Management Fund Advisors, Inc et al

Filing 22

Judge George A. OToole, Jr: ORDER entered denying 8 Motion to Dismiss for Lack of Jurisdiction; denying 12 Motion to Dismiss for Lack of Jurisdiction; denying without prejudice 13 Motion for Summary Judgment; denying 17 Motion to Dismiss for Lack of Jurisdiction (Lyness, Paul)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 11-10474-GAO
JAMES M. O’LEARY,
Plaintiff,
v.
LABOR MANAGEMENT FUND ADVISORS, INC., LABOR MANAGEMENT FUND
ADVISORS, LLC, SCOTT WOOSLEY, TIMOTHY L. NICHOLS, JEFFREY D. FOTTA, and
THOMAS F. LYNCH,
Defendants.

ORDER
March 19, 2012
O’TOOLE, D.J.
The plaintiff has stated in Count I a viable cause of action against LMFA, Inc. The
plaintiff, furthermore, in Count II has sufficiently alleged facts to support a claim that LMFA,
LLC is an alter ego of LMFA, Inc. The Court has supplemental jurisdiction over all remaining
claims under 28 U.S.C. § 1367. Finally, the plaintiff has alleged facts sufficient to confer
personal jurisdiction over the defendants. (See, e.g., Complaint ¶¶ 4-9, 84-109.) The motions to
dismiss (dkt. nos. 8, 12 & 17) are DENIED.
Fotta and Lynch further argue that the claim against them under the Uniform Fraudulent
Transfer Act must be dismissed on summary judgment because, they assert, they never received
fraudulent transfers. That is a matter to be addressed not now but, if appropriate, after discovery.
Their motion (dkt. no. 13) for summary judgment is DENIED WITHOUT PREJUDICE.
It is SO ORDERED.
/s/ George A. O’Toole, Jr.
United States District Judge