Moran v. Life Settlement Exchange, LLC

Filing 59

MEMORANDUM OPINION and ORDER: The court ORDERS that all claims and causes of action asserted by plaintiffs against the defendants in the above-captioned action be, and are hereby, dismissed with prejudice. (Ordered by Judge John McBryde on 11/17/2017) (bdb)

U.S. DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

FILED

IN THE UNITED STATES DISTRIC

COUR~
L.~y''

NORTHERN DISTRICT OF TE AS
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j
CLERK, U.S. DISTRICT CO~JRT
FORT WORTH DIVISION
IN RE:
LIFE PARTNERS HOLDINGS,
ET AL.

INC.,

I

Debtors,
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LIFE PARTNERS CREDITORS' TRUST
AND ALAN M. JACOBS, AS TRUSTEE
FOR LIFE PARTNERS CREDITORS'
TRUST,
Plaintiffs,

vs.
JAMES SUNDELIUS, ET AL.,
Defendants.

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By~~~~~~~~~~
Deputy

Case No. 15-40289-RFN
Chapter 11
(Jointly Administered)

Adversary No. 15-04087-rfn

District Court Case
No. 4:16-CV-200-A

MEMORANDUM OPINION
and
ORDER
Came on for consideration multiple motions 1 filed by
defendants in the above-captioned action seeking dismissal of
claims made by plaintiffs, Life Partners Creditors' Trust and
Alan M. Jacobs, as Trustee for Life Partners Creditors' Trust, in
their third amended complaint ("Complaint") . 2

After having

considered such motions, the allegations of the Complaint,

1

The motions to dismiss were filed in Adversary Case No. 15-04087-rfn. See Adv. Docs. 142,
145, 146, 147, 148, 149, 158, 159.
The "Adv. Doc._" references are to the numbers assigned to the referenced items on the
bankruptcy court docket of Adversary No. 15-04087-rfn.
The "Doc._" references are to the numbers assigned to the referenced items on the docket in
this Case No. 4: l 6-CV-200-A.
2

Adv. Docs. 136 & 136-1through136-5.

to make their case, and that the time has come for the court to
finally dismiss the suit.
Undoubtedly, plaintiffs know that they have done the best
they can do.

They have not sought leave to file an amended

pleading at any time since defendants started filing their
motions to dismiss the third amended complaint; nor have they
ever suggested that they would be able to overcome their pleading
deficiencies if given an opportunity to do so.

Defendants have

exhausted enough resources in response to the inadequately
pleaded complaints of plaintiffs, without being called upon to go
another round.

Therefore, the court is not permitting plaintiffs

to replead.

v.
Conclusion and Order
For the reasons stated above, the court concludes that all
claims asserted by plaintiffs against the remaining defendants in
the above-captioned action 19 should be dismissed with prejudice.
Therefore,
The court ORDERS that all claims and causes of action
asserted by plaintiffs against the defendants in the above-

19

The court has already rendered final judgments as to the dismissal of plaintiffs' claims against
certain defendants. Docs. 41, 46, 49.

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captioned action be, and are hereby, dismissed with prejudice.
SIGNED November

_J_2,

2017.

/
/

District

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