Rubenstein v. Smith

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS [34]

OTIS D. WRIGHT, II, UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

Defendants David E. Smith, MMB Holdings LLC, and Mojobear Capital LLC (collectively “Defendants”) move to dismiss the Complaint for lack of subject matter jurisdiction. In the alternative, Defendants move to dismiss the Complaint for failure to join an indispensable party. For the reasons discussed below, the Court GRANTS Defendants’ Motion to Dismiss. (ECF No. 34.)

II. FACTUAL BACKGROUND

This is an action to recover short-swing profits under Section 16(b) of the Securities Exchange…