Anwar et al v. Fairfield Greenwich Limited et al

Filing 558

STIPULATION DISMISSING COUNTS 9, 10, AND 11 OF THE SECOND CONSOLIDATED AMENDED COMPLAINT AGAINST DEFENDANT GREGORY BOWES: 1. Defendant Gregory Bowes ("Bowes") was properly served with the Second Consolidated Amended Complaint ("SCAC',) on September 23, 2010. 2. The SCAC defines Bowes as a Fairfield Fee Claim Defendant. 3. At the time Bowes was served with the SCAC, the Court had already ruled on motions to dismiss filed by the other Fairfield Fee Claim Defendants. Because Bowes had not been served, he was not a party to those motions to dismiss. The Court dismissed causes of action for third-party beneficiary breach of contract (Count 9), constructive trust (Count 10), and mutual mistake (Count 11) against all of the Fairfield Fee Claim Defendants who filed motions to dismiss. The court did not dismiss the cause of action for unjust enrichment (Count 33) against the Fairfield Fee Claim Defendanls who med motions to dismiss. 4. Counts 9, 10, and 11 are dismissed against Mr. Bowes, on the same basis as they have already been dismissed against the other Fairfield Fee Claim Defendants, Count 33 is not dismissed. 5. Pursuant to prior stipulation among the parties, Bowes shall answer the SCAC on or before October 27, 2010. 6. By agreeing to this stipulation, Plaintiffs reserve their rights of amendment and appeal concerning Counts 9, 10, and 11, and Plaintiffs and Defendant do not waive and expressly preserve any and all claims and defenses they may have, except Plaintiffs waive any argument that Counts 9, 10, and 11 have not been dismissed against Mr. Bowes. Gregory Bowes answer due 10/27/2010. (Signed by Judge Victor Marrero on 10/28/10) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(db) Modified on 11/12/2010 (db).