Guggenheim v. Toumei et al.

Memo of Law in support of Motion by Defendants Birnbaum and Dabir to Dismiss Plaintiffs' Second Amended Complaint for Failure to State a Claim


Plaintiffs in this case (arguably, maybe) have good claims against some of the other Defendants, but are relying on the "thinking makes it so" principle to include defendants Birnbaum and Dabir. Sadly, only Birnbaum (and Dabir, later) have made any substantive appearance and the Plaintiffs are venting their not inconsiderable wrath on my clients. After playing lots of defense, this motion finally takes a little initiative, pointing out that Plaintiffs pleadings - at least as far as my defendants are concerned - are ridiculously insufficient, essentially doing exactly what the Supreme Court recently said you couldn't do: "Sue 'em all and let the Judge sort 'em out," or, in slightly less colorful terms, "impermissible lumping." Kudos to Yitzchak Cohen (counsel to Birnbaum before me) for doing a lot of the preliminary work on this.

pretty much bamboozled the Court from the outset,

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Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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