United States v. St. Germain

ORDER ON PENDING MOTIONS

FIGA, District Judge.

This matter comes before the Court on two pending motions to dismiss filed by Defendant Overley (Dkt.# 13 and 36).

PROCEDURAL BACKGROUND

On November 12, 2003, Defendant Over-ley first filed a motion to dismiss the complaint, asserting that it failed to state a claim for relief against him and failed to plead fraud with particularity in contravention of Rule 9(b), F.R.Civ.P. On November 20, 2003, Defendant Overley filed an Amended Motion to Dismiss the Complaint (Dkt.# 13), which asserted the same grounds for dismissal and apparently su-perceded his…