Gutierrez v. Lynch

3 Citing briefs

  1. Kerrigan et al v. Visalus, Inc. et al

    MOTION to Dismiss

    Filed October 27, 2014

    Claims of conspiracy must be pled “with some degree of specificity.” Gutierrez v. Lynch, 826 F.2d 1534, 1538 (6th Cir. 1987); Fremont Reorganizing Corp. v. Duke, 811 F. Supp. 2d 1323, 1341 (E.D. Mich. 2011). Also, a conspiracy “requires proof of an intentional agreement.”

  2. Courser v. Allard et al

    BRIEF in support of MOTION to dismiss for failure to state a claim 80

    Filed November 21, 2016

    And, conspiracy claims must be pled with specificity, and vague and conclusory allegations unsupported by material facts will not be sufficient. Gutierrez v Lynch, 826 F.2d 1534, 1538-39 (6th Cir. 1987); Bickerstaff v Lucurelli, 830 F.3d 388 (6th Cir. 2016) (Plaintiff must show a single plan, with an overt act in furtherance of the plan, and pled with specificity.) To establish a concert of actions claim the plaintiff must prove that all defendants acted tortuously pursuant to a common design that caused harm to plaintiff; and for both civil conspiracy and concert of action claims the plaintiff must establish some underlying tortious conduct.

  3. Daniel v. West Asset Management Inc

    MOTION for Summary Judgment

    Filed August 3, 2011

    “Where the moving party has carried its burden of showing that the pleadings, depositions, answers to interrogatories, admissions and affidavits in the record, construed favorably to the non-moving party, do not raise a genuine issue of material fact for trial, entry of summary judgment is appropriate.” Oswald v. BAE Industries, Inc. 2010 WL 3907119, * 1 (E.D. Mich. Sept. 30, 2010), quoting Gutierrez v. Lynch, 826 F.2d 1534, 1536 (6th Cir.1987). “Once the moving party has met its burden of production, the nonmoving party cannot rest on its pleadings, but must present significant probative evidence in support of the complaint to defeat the motion for summary judgment.”