Legal Opinion

Mooring Capital Fund, LLC v. Sullivan (In re 201 North George St., LLC)

United States Bankruptcy Court, N.D. West Virginia

Decided April 20, 2016No. Case No. 14-bk-294; Adversary No. 14-ap-16PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

Patrick M. Flatley, United States Bankruptcy Judge

On November 20, 2015, the court granted leave to Mooring Capital Fund, LLC (the “Plaintiff’), to file its first amended complaint. Neil and Judy Sullivan now seek the dismissal of Counts III — VI of the first amended complaint based upon the Plaintiffs alleged failure to state a cause of action upon which relief can be granted. The Plaintiff contends that the court must deny the Sullivans’ motion to dismiss because it pleaded plausible causes of action in Counts III — VI of the first amended complaint.

For the reasons stated…

2Cases cited18 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Francis v. GiacomelliCourt of Appeals for the Fourth Circuit · 2009
  4. Roman Zak v. Chelsea Therapeutics InternationalCourt of Appeals for the Fourth Circuit · 2015
  5. Bruce Goldfarb v. Mayor and City Council of BaltimoreCourt of Appeals for the Fourth Circuit · 2015

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3Cited by6 opinions

  1. Arthur-Nelson v. U.S. Bancorp Government Leasing and Finance, Inc.District Court, N.D. West Virginia · 2020
  2. Blackjewel, L.L.C. v. United BankUnited States Bankruptcy Court, S.D. West Virginia · 2022
  3. Leeson v. U.S. Bancorp Government Leasing and Finance, Inc.District Court, N.D. West Virginia · 2020
  4. Nidy v. U.S. Bancorp Government Leasing and Finance, Inc.District Court, S.D. West Virginia · 2019
  5. The Elswick Company, LLC v. U.S. Bancorp Government Leasing and Finance, Inc.District Court, N.D. West Virginia · 2020

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