Wilhelm et al v. Beasley et al

Filing 90

MEMORANDUM OPINION re: 72 MOTION to Dismiss Defendants' Counterclaim filed by Warren Pepicelli, Richard Rumelt, Marvin Jones, Enrique Fernandez, Bob McDevitt, Donna DeCaprio, Henry Tamarin, Bill Biggerstaff, John Wilhe lm, Bill Granfield, Warren Heyman. Accordingly, plaintiffs' motion to dismiss the counterclaim [DI 72] is granted to the extent that Count 3 is dismissed for failure to state a claim on which relief may be granted. Insofar as defenda nts object to the R&R's recommendation that Counts 1, 2 and 4 be dismissed for lack of subject matter jurisdiction, the objection is sustained. The matter is remanded to the magistrate judge for further proceedings with respect to the motion to dismiss Counts 1, 2 and 4 on the ground that they fail to state a claim upon which relief may be granted. (As further set forth in this Memorandum Opinion.) (Signed by Judge Lewis A. Kaplan on 1/6/2016) (mro)

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