Camden Securities Co. v. Lupowitz

MEMORANDUM

RAYMOND J. BRODERICK, District Judge.

The defendant, Harold Lupowitz, has filed a motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(7) on the ground that the plaintiffs have failed to join an indispensable party-the partnership of which all of the parties are members. The defendant has also moved to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6) on the ground that the issues raised in the complaint are within the scope of the arbitration clause contained in the partnership agreement between the parties. For the reasons hereinafter set forth, the defendant’s…