Weinfeld et al v. Minor et al

Filing 65

ORDER granting 57 Motion to Dismiss. Clerk shall enter judgment and close case. Signed by Judge Robert C. Jones on 11/9/15. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5
6
7
8
9
10
11

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
______________________________________
)
)
JOSEPH WEINFELD et al.,
)
)
Plaintiffs,
)
)
vs.
)
)
BILL L. MINOR et al.,
)
)
Defendants.
)
)

3:14-cv-00513-RCJ-WGC
ORDER

12
13

Sixteen individuals and Congregation Beth Joseph brought this shareholder derivative

14

action in the Eastern District of New York on behalf of Precious Minerals Mining & Refining

15

Corp. (“PMMR”) against PMMR President Bill Minor and PMMR Board Members John

16

Reynolds and Walter Marting. The U.S. District Court for the Eastern District of New York

17

transferred the case to this District under 28 U.S.C. § 1404(a) as an alternative to a request to

18

dismiss for lack of personal jurisdiction and improper venue. The transferor court did not rule on

19

contemporaneous requests to dismiss the First Amended Complaint (“FAC”) for failure to

20

comply with Rules 8(a), 9(b), and 23.1(b). This Court dismissed the FAC under the latter rule

21

and Rule 11(a) because it was not verified or even signed by any attorney. Plaintiffs filed the

22

Second Amended Complaint, and Defendants have moved to dismiss it. Because Plaintiffs have

23

not timely responded within fourteen days of the October 2, 2015 motion to dismiss, see Local

24

R. 7-2(b), the Court grants the motion, see Local R. 7-2(d).

1 of 2

CONCLUSION

1
2
3
4
5

IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 57) is GRANTED, and
the Clerk shall enter judgment and close the case.
IT IS SO ORDERED.
Dated this 9th day of November, 2015.
Dated this 20th day of October, 2015.

6
7
8

_____________________________________
ROBERT C. JONES
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

2 of 2