Opinion
Civ. No. 18-10158
07-22-2019
MARY CUDJOE, Plaintiff, v. VENTURES TRUST 2013 I-H-R BY MCM CAPITAL PARTNERS, LLLP f/k/a MCM CAPITAL PARTNERS, LLC, et al., Defendants. WILLIAM BRAUKMANN, and KIMBERLY BRAUKMANN, Third-Party Plaintiffs, v. FAY SERVICING, et al., Third-Party Defendants.
NOT FOR PUBLICATION
MEMORANDUM ORDER
THOMPSON, U.S.D.J.
IT APPEARING that Defendant Ventures Trust 2013 I-H-R by MCM Capital Partners, LLLP, formerly known as MCM Capital Partners, LLC ("Ventures Trust"), files a Motion to Dismiss Plaintiff's Second Amended Complaint (ECF No. 72); and it further
APPEARING that the arguments made by Defendant Ventures Trust in the pending Motion have already been addressed by the Court when deciding whether to dismiss the First Amended Complaint (Op. at 8-10, ECF No. 63 (dismissing conspiracy claim but not New Jersey Consumer Fraud Act claim)); and it further
APPEARING that the substance of the Second Amended Complaint is comparable to the First Amended Complaint for the purposes of this Motion (compare, e.g., 2d Am. Compl. ¶¶ 88-97, ECF No. 79, with 1st Am. Compl. ¶¶ 94-98, ECF No. 54 (conspiracy claim)), making the Court's prior reasoning applicable to the present Motion;
IT IS on this 22nd day of July, 2019,
ORDERED that Defendant Ventures Trust's Motion to Dismiss the Second Amended Complaint (ECF No. 72) is GRANTED IN PART and DENIED IN PART; and it is further
ORDERED that the Second Amended Complaint (ECF No. 79) is DISMISSED as to Defendant Ventures Trust on Count Five (conspiracy) (2d Am Compl. ¶¶ 88-97).
/s/ Anne E . Thompson
ANNE E. THOMPSON, U.S.D.J.