Today, Chief Judge Wiley Daniel ruled on the Defendants' motion to dismiss in the investors' class action suit in a detailed 39-page document. Reading through this will take a while, so the Judge's conclusion follows and the full ruling is below. I will write soon about what it means for the victims.
Conclusion: For the reasons stated, I find that the Court lacks personal jurisdiction over Defendants Steven Granoff; Krassenstein, Granoff & Unger, LLC; and Astor, Weiss, Kaplan & Mandell LLP, but possesses personal jurisdiction over the remaining defendants. In addition, I find that Plaintiff fails to state a claim for unjust enrichment (Count V).
Accordingly, it is ORDERED that Defendants Steven Granoff and Krassenstein, Granoff & Unger, LLC’s Motion to Dismiss (ECF No. 63) is GRANTED and that Defendants Tatum, LLC and SFN Group, Inc.’s Motion to Dismiss Counts I, II, III, IV, V, VI, and XI of Plaintiff’s Complaint (ECF No. 29); Defendant Estill & Long’s Fed. R Civ. P. 12(b)(6) Motion to Dismiss (ECF No. 60); Defendants Astor, Weiss, Kaplan & Mandel LLP’s and Christopher P. Flannery’s Motion to Dismiss (ECF No. 61); and Defendant Daniel J. Rink’s Motion to Dismiss Touchstone Group, LLC’s Class Action Complaint (ECF No. 62) are GRANTED IN PART. Defendants Granoff, Krassenstein, and Astor Weiss are DISMISSED from this action for lack of personal jurisdiction. In addition, Plaintiff’s claim for unjust enrichment (Count V) against all remaining defendants is DISMISSED for failure to state a claim.
Conclusion: For the reasons stated, I find that the Court lacks personal jurisdiction over Defendants Steven Granoff; Krassenstein, Granoff & Unger, LLC; and Astor, Weiss, Kaplan & Mandell LLP, but possesses personal jurisdiction over the remaining defendants. In addition, I find that Plaintiff fails to state a claim for unjust enrichment (Count V).
Accordingly, it is ORDERED that Defendants Steven Granoff and Krassenstein, Granoff & Unger, LLC’s Motion to Dismiss (ECF No. 63) is GRANTED and that Defendants Tatum, LLC and SFN Group, Inc.’s Motion to Dismiss Counts I, II, III, IV, V, VI, and XI of Plaintiff’s Complaint (ECF No. 29); Defendant Estill & Long’s Fed. R Civ. P. 12(b)(6) Motion to Dismiss (ECF No. 60); Defendants Astor, Weiss, Kaplan & Mandel LLP’s and Christopher P. Flannery’s Motion to Dismiss (ECF No. 61); and Defendant Daniel J. Rink’s Motion to Dismiss Touchstone Group, LLC’s Class Action Complaint (ECF No. 62) are GRANTED IN PART. Defendants Granoff, Krassenstein, and Astor Weiss are DISMISSED from this action for lack of personal jurisdiction. In addition, Plaintiff’s claim for unjust enrichment (Count V) against all remaining defendants is DISMISSED for failure to state a claim.
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