Guggenheim v. Toumei et al.

Reply Memo of Law in Support of Defendants Birnbaum and Dabir's Motion to Dismiss for Failure to State a Claim


There is great backstory to this Reply memo, most of which I can't tell while the case is still active. (Also, there's a pending parallel criminal case, which sorely restricts my commentary.)

Plaintiffs counsel has repeatedly insisted that the initial motion to dismiss is a waste of the Court's time, particularly in light of the developments in discovery. I didn't understand why he took it as a given that he could import discovery or other post-complaint materials to cure a defective complaint, but I guess that's what happens when you're used to getting your way (and the Judge kinda hates the client on the other side) - you get complacent and forget, y'know.... the law.

Plaintiffs' Opposition to our motion had two main thrusts: first, to bring in ex-post information designed to shore up the defective complaint, and second to insist! really! by repetition if necessary! that the hundred-something "DEFENDANTS" generally pleadings were actually directed to specific acts of the moving defendants, never mind what the Second Amended Complaint actually said.

This Reply calls Plaintiffs on their magical thinking.

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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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