Opinion
Case No. 10-2293-EFM.
May 18, 2011
MEMORANDUM AND ORDER
Before the Court is Plaintiffs Bank of New York Mellon and Unicredit Bank, AG's Joint Motion to Dismiss Defendant Brooke Holdings, Inc. Counter Complaint. (Doc. 18). Plaintiffs filed suit on May 21, 2010, and Defendant filed its Counter Complaint on July 26, 2010. On May 21, 2010, Plaintiff Bank of New York Mellon also filed a separate suit in this court with two other plaintiffs, Fifth Third Bank and Textron Business Services, Inc., against the same defendant, Brooke Holdings, Inc. Defendant Brooke Holdings, Inc. filed a counterclaim in that case as well, with substantially the same allegations as those alleged in this case.
Case No. 10-2294-KHV-GLR.
All plaintiffs in both cases filed motions to dismiss the counterclaim, and several of the parties make substantially the same arguments. On April 7, 2011, Judge Vratil issued a Memorandum and Order denying Plaintiffs' motion to dismiss the counterclaim, finding that Defendant Brooke Holdings, Inc. has standing to sue, and Defendant adequately stated plausible claims for tortious interference with contract and tortious interference with prospective business advantage. Judge Vratil's analysis is persuasive and equally applicable in this case; therefore, her Memorandum and Order is adopted in full.
Doc. 43 in Case No. 10-2294.
IT IS ACCORDINGLY ORDERED that Plaintiffs Bank of New York Mellon and Unicredit Bank, AG's Joint Motion to Dismiss the Counter Complaint (Doc. 18) is hereby DENIED.