Solax Energia Altiplano S.A. DE. C.V. et al v. Ithuba Credit Corporation et al

Filing 66

ORDER: denying without prejudice to renewal by formal motion 36 Motion to Dismiss; denying without prejudice to renewal by formal motion 60 Motion to Strike document 36 FIRST MOTION to Dismiss the Complaint pursuant to FedRCivPr 12(b)(2) and 12(b)(6), or in the alternative pursuant to the doctrine of forum non conveniens filed by Ithuba Savings and Credit, Ithuba Business Advisory Services Inc., ISCC Group of Companies, Ithuba Investment Bank and Statutory Trust, Jean Bilala , Ithuba Credit Corporation, Ithuba Holdings Inc., 60 MOTION to Strike Document No. [ECF Nos. 58-59] filed by Ithuba Savings and Credit, Ithuba Business Advisory Services Inc., ISCC Group of Companies, Ithuba Investment Bank and Statu tory Trust, Jean Bilala, Ithuba Credit Corporation, Ithuba Holdings Inc. from the record. For the reasons stated on the record at oral argument on November 17, 2021, Defendants' motion to dismiss the Complaint, (ECF No. 36), is DE NIED without prejudice to renew. Defendants' motion to strike the Declarations of Balvinder Singh and Jana S. Farmer, (ECF No. 60), is DENIED without prejudice to renew.Plaintiffs' request for jurisdictional discovery, (ECF No. 47), is GRANTED. Expedited jurisdictional discovery shall be completed by March 1, 2021. Within 30 days of the close of jurisdictional discovery Plaintiff may submit a letter application for leave to amend the Complaint, attaching t he proposed amended complaint, if amendment would not be futile. Defendants shall have two (2) weeks to oppose Plaintiffs' letter application. The Clerk of Court is directed to close the motions at ECF Nos. 36 and 60, accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 11/17/2021) (ama)

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