CUDJOE v. VENTURES TRUST 2013I-H-R BY MCM CAPITAL PARTNERS, LLP et al

Filing 95

MEMORANDUM OPINION granting in part and denying in part Defendant Ventures Trust's 72 Motion to Dismiss the Second Amended Complaint; the Second Amended Complaint 79 is DISMISSED as to Defendant Ventures Trust on Count Five (conspiracy). Signed by Judge Anne E. Thompson on 7/22/2019. (jem)

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY MARY CUDJOE, Civ. No. 18-10158 Plaintiff, MEMORANDUM ORDER v. VENTURES TRUST 2013 I-H-R BY MCM CAPITAL PARTNERS, LLLP f/k/a MCM CAPITAL PARTNERS, LLC, et al., Defendants. WILLIAM BRAUKMANN, and KIMBERLY BRAUKMANN, Third-Party Plaintiffs, v. FAY SERVICING, et al., Third-Party Defendants. THOMPSON, U.S.D.J. IT APPEARING that Defendant Ventures Trust 2013 I-H-R by MCM Capital Partners, LLLP, formerly known as MCM Capital Partners, LLC (“Ventures Trust”), files a Motion to Dismiss Plaintiff’s Second Amended Complaint (ECF No. 72); and it further APPEARING that the arguments made by Defendant Ventures Trust in the pending Motion have already been addressed by the Court when deciding whether to dismiss the First Amended Complaint (Op. at 8–10, ECF No. 63 (dismissing conspiracy claim but not New Jersey Consumer Fraud Act claim)); and it further APPEARING that the substance of the Second Amended Complaint is comparable to the 1 First Amended Complaint for the purposes of this Motion (compare, e.g., 2d Am. Compl. ¶¶ 88– 97, ECF No. 79, with 1st Am. Compl. ¶¶ 94–98, ECF No. 54 (conspiracy claim)), making the Court’s prior reasoning applicable to the present Motion; IT IS on this 22nd day of July, 2019, ORDERED that Defendant Ventures Trust’s Motion to Dismiss the Second Amended Complaint (ECF No. 72) is GRANTED IN PART and DENIED IN PART; and it is further ORDERED that the Second Amended Complaint (ECF No. 79) is DISMISSED as to Defendant Ventures Trust on Count Five (conspiracy) (2d Am Compl. ¶¶ 88–97). /s/ Anne E. Thompson ANNE E. THOMPSON, U.S.D.J. 2

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