Harrington v. Racki (In re Bishop)

DECISION AND ORDER GRANTING MOTION TO DISMISS COMPLAINT

PAUL R. WARREN, U.S.B.J.

This adversary proceeding pits the United States Trustee against UpRight Law, LLC, UpRight’s various affiliates and related entities, Allen Chern, a principal of UpRight, and Jason Racki, a local attorney affiliated with UpRight. The merits of the claims asserted in the complaint are not before the Court. Instead, the Defendants moved to dismiss the complaint, rather than answering. The issue is whether the complaint should be dismissed, in whole or in part, under Rules 8(a), 9(b), or 12(b)(6) FRCP.

For the reasons…