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Securities/Commodities | New York Southern
Order
ORDER: The Court is in receipt of a motion to dismiss Plaintiffs First Amended Complaint by Defendants Michael Pearson ("Pearson") and BCube Tech, LLC ("BCube") (collectively, "BCube Defendants"). See Dkt. Nos. 52-55, 71-72, 74-76, 77. Plaintiff has until July 17, 2026 to provide the Court with his position regarding whether the civil RICO and unjust enrichment claims should be dismissed sua sponte against the non-moving Defendants. See Aetna Cas. And Sur. Co. v. Aniero Concrete Co., Inc., 404 F.3d 566, 591 (2d Cir. 2005) (deficiently pleaded claims can be dismissed "sua sponte, for failure to state a claim, as to non-moving defendants"); accord Wachtler v. County of Herkimer, 35 F.3d 77, 82 (2d Cir 1994). Plaintiff's motion shall be no more than 5 pages double spaced. SO ORDERED. (Signed by Magistrate Judge Jennifer E. Willis on 7/6/2026) (ar)
Racketeer/Corrupt Organization | New Jersey
Text Order
TEXT ORDER The Court has reviewed Plaintiff's request for leave to file a partial summary judgment motion 604 . The Court finds Plaintiff's application premature, particularly given the preliminary jurisdictional issues that have been raised. Plaintiff may renew its application at the appropriate time. So Ordered by Magistrate Judge Justin T. Quinn on 06/16/26. (JB)
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