Life Partners Creditors' Trust, et al v. American Safe Retirements, LLC et al

Filing 39

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. msrR1cr· c6L;Rr9
FILED

-E

NORTIIERN DI'.' TRI CT :JF ff ... S

-····--1

I 7 20!7

I

:

IN THE UNITED STATES DISTRICT C URT
!
I
--··.
•
..I
NORTHERN DISTRICT OF TEXAS
CLERK, U.S. DISTRICT COURT
FORT WORTH DIVISION
. By _ _ _ _ _ _ __
IN RE:
LIFE PARTNERS HOLDINGS,

Deputy

§

INC.,

Debtor,

§
§
§

Case No. 15-40289-RFN-11
Chapter 11

~~~~~~~~~~~~~~~~~-§

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

vs.
AMERICAN SAFE RETIREMENTS,
LLC, ET AL.
I

Defendants.

§
§
§
§
§
§
§
§
§
§
§
§
§
§

Adversary No. 15-04110-rfn

District Court Case
No. 4:16-CV-299-A

MEMORANDUM OPINION AND ORDER
Carne on for consideration the multiple rnotions 1 filed by
defendants in the above-captioned action seeking dismissal of the
claims made by plaintiffs, Life Partners Creditors' Trust and
Alan M. Jacobs, as Trustee for Life Partners Creditors' Trust, in
their second amended complaint

("Complaint") . 2 After having

considered such motions, the allegations of the Complaint,

1

Several of the motions to dismiss were filed in Adversary Case No. 15-4110. See Adv. Docs.
171, 172, 173, 184, 185, 197, & 198. Another was filed in this Case No. 4:16-CV-299-A after
withdrawal of the reference. See Docs. 12, 13.
The "Adv. Doc._" references are to the numbers assigned to the referenced items on the
bankruptcy court docket of Adversary No. 15-04110.
The "Doc._" references are to the numbers assigned to the referenced items on the docket in
this Case No. 4: l 6-CV-299-A.
2

Adv. Doc. 162.

'

'

'

resources in response to the inadequately pleaded complaints of
plaintiffs without be 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 defendants in this
action should be dismissed with prejudice. Therefore,
The court ORDERS that all claims and causes of action
asserted by plaintiffs against the defendants in the abovecaptioned action be, and are hereby, dismissed with prejudice.
SIGNED November 17,

19

( •.• continued)
"amended charts" (referring to the exhibits to the Complaint). Doc. 37 at 8; Doc. 38 at 8. They have not
sought leave to file amended charts; nor have they provided any indication of what further detail would
be provided or how the amended charts could possibly resolve the numerous pleading deficiencies under
Fed. R. Civ. P. 8(a) and 9(b).

33