River Capital Advisors of North Carolina, Inc v. FCS Advisors, Inc. et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 23 Report and Recommendations, GRANTING IN PART 11 Motion to Dismiss,, filed by Brevet Capital Special Opportunties Master Fund, L.P., FCS Advisors, Inc. Plaintiff's claims for fraudulent inducement, de facto partnership or alter ego and claim for attorneys' fees are DISMISSED. The remainder of the motion is DENIED at this time. Signed by Judge Michael H. Schneider on 3/2/2011. (baf, )

-ALM River Capital Advisors of North Carolina, Inc v. FCS Advisors, Inc. et al

Doc. 26

United States District Court
EASTERN DISTRICT OF TEXAS SHERM AN DIVISION

RIVER CAPITAL ADVISORS OF NORTH CAROLINA, INC.

V. FCS ADVISORS, INC. and BREVET CAPITAL SPECIAL OPPORTUNITIES MASTER FUND, L.P.

§ § § § § § § § §

CASE NO. 4:10-cv-471 (Judge Schneider/Judge Mazzant)

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On February 7, 2011, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendants' Motion to Dismiss Plaintiff's Complaint should be granted in part and denied in part. The Court, having made a de novo review of the objections raised by Defendants, is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections are without merit. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of this Court. It is, therefore, ORDERED that Defendants' Motion to Dismiss Plaintiff's Complaint (Dkt. #11) is GRANTED in part and Plaintiff's claims for fraudulent inducement, de facto partnership or

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alter ego and claim for attorneys' fees are DISMISSED. The remainder of the motion is DENIED at this time. It is SO ORDERED. SIGNED this 2nd day of March, 2011.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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