Common Contracts
1 similar Motion to Dismiss contracts
PRESENT: THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT JUDGEMotion to Dismiss • February 25th, 2019
This matter is before the Court on Defendants Milton C. Ault III, Amos Kohn, William B. Horne, Jeff Bentz, Mordechai Rosenberg, Robert O. Smith, Kristine Ault, and Nominal Defendant DPW Holdings, Inc.'s Motion to Dismiss ("Mot.") Plaintiffs' Complaint and Request for Judicial Notice ("RJN"), filed November 28, 2018. Plaintiffs Ethan Young and Greg Young ("Plaintiffs") opposed the Motion ("Opposition") on January 10, 2019, and Defendants replied ("Reply") on January 21, 2019. For the following reasons, the Court GRANTS Defendants' Motion and DISMISSES Plaintiffs' Complaint WITH LEAVE TO AMEND. Plaintiff shall have ten (10) days from the date of this order to file an amended complaint. Defendants shall have ten (10) days thereafter to respond.
