Richardson v. Monaco (In re Summit Metals, Inc.)

OPINION

KEVIN J. CAREY, Bankruptcy Judge.

Before the Court are the Defendants’ motions to dismiss the above-captioned adversary proceeding with prejudice, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, and for imposition of attorneys’ fees, costs, and expenses.1 For the reasons set forth below, the motions to dismiss with prejudice will be granted for lack of subject matter jurisdiction, or, in the alternative, for failure to state a claim upon which relief can be granted. Whether attorneys’ fees, costs, and expenses should be imposed will be addressed at a…