South Canaan Cellular Investments, LLC v. Lackawaxen Telecom, Inc. (In Re South Canaan Cellular Investments, LLC)

MEMORANDUM AND REPORT

BRUCE FOX, Bankruptcy Judge.

Defendants Lackawaxen Telecom, Inc. (“LTI”) and Mr. Frank Coughlin have filed a joint motion seeking to dismiss the above-captioned adversary proceeding. They assert that dismissal is warranted under Fed. R. Bankr.P. 7012, which incorporates, inter alia, Fed.R.Civ.P. 12(b)(1), (2), (5), (6), (7). The plaintiffs oppose dismissal. For the following reasons, I shall recommend to the district court that all counts of the complaint be dismissed as to defendant Coughlin. I shall further dismiss one count of the complaint against defendant LTI.

I

A

In…