Medallion Biomedical, LLC v. Rosania (In Re Invenux, Inc.)

ORDER RE: DEFENDANT’S MOTION TO DISMISS AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

HOWARD R. TALLMAN, Bankruptcy Judge.

This case comes before the Court on Defendant/Trustee’s Motion to Dismiss Adversary Complaint for Failure to State a Claim Upon Which Relief can be Granted [the “Motion to Dismiss”] and Plaintiffs Cross Motion for Summary Judgment [the “Motion for Summary Judgment”]. The Court, having reviewed the Motions and responses thereto and having reviewed the file in this matter will deny both motions.

Dismissal of a case prior to allowing the parties an opportunity to engage in…