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.
DECISIONMotion to Dismiss • January 13th, 2021
For the above-stated reasons, this Court grants summary judgment in favor of the Town on all counts of the Second Amended Complaint. Given that this Court’s decision regarding subject- matter jurisdiction is dispositive of this case, the Court need not address the Town’s alternative grounds for dismissal. Counsel shall submit the appropriate judgment for entry.
