Filed February 4, 2019
Moreover, even if Plaintiffs had adequately alleged knowledge here, dismissal would still be required because Plaintiffs have not pleaded a cognizable “ulterior motive” for NFA’s alleged failures to regulate. Ryder, 748 F.2d at 780; see MTD 15-17. In response, Plaintiffs argue that NFA had an ulterior motive because it receives transaction-based “Assessment Fees,” which can be earned whether a transaction is “fraudulent or not” (Opp.
Filed October 22, 2018
Failure adequately to allege an ulterior motive warrants dismissal on the pleadings. Ryder, 748 F.2d at 780 (affirming dismissal of complaint which did not allege “ulterior motive”). For instance in Brawer, the plaintiffs pleaded that a self-regulatory organization did not take a regulatory action because leaving the status quo intact would “generate increased trading volumes and revenues.”
Filed September 30, 2016
Ryder Energy Distrib. Corp. 748 F.2d at 779. More problematic for Newman are all the putative facts he asserts, which are simply not in the SAC or otherwise before the Court at this stage.
Filed July 9, 2018
If there are at least colorable grounds for relief, justice requires the granting of the motion to Case 1:15-cv-09691-RWS Document 53 Filed 07/09/18 Page 12 of 16 9 amend. Ryder Energy Distrib. Corp. v. Merrill Lynch Commodities Inc., 748 F.2d 774, 783 (2d Cir. 1984) (citation omitted). Defendants cannot possibly demonstrate futility here.
Filed December 14, 2017
To adequately plead bad faith, Plaintiffs must plead facts suggesting two things: “first, that the exchange acted or failed to act with knowledge; and second, that the exchange’s action or inaction was the result of an ulterior motive.” Ryder Energy Dist. Corp. v. Merrill Lynch Commodities Inc., 748 F.2d 774, 780 (2d Cir. 1984). Plaintiffs have not adequately pleaded either prerequisite.
Filed June 1, 2015
ARGUMENT I. THE STANDARD OF REVIEW FOR MOTIONS TO DISMISS “The function of a motion to dismiss is “to assess the legal feasibility of the complaint…’” Ryder Energy Dist. Corp. v. Merrill Lynch Commodities Inc., 748 F.2d 774, 779 (2d Cir. 1984) (quoting Geisler v. Petrocelli, 616 F.2d 636, 639 (2d Cir. 1980)). Access 4 All, Inc., at al. v. Trump International Hotel and Tower Condominium, et al.; 2007 U.S. Dist. LEXIS 13560 A motion to dismiss should be granted if it appears "clear" that Plaintiff can prove no set of facts in support of the claim which would entitle Plaintiff to relief consistent with the allegations in the Complaint.
Filed May 27, 2015
The function of a motion to dismiss is “merely to assess the legal feasibility of the complaint, not to assay the weight of the evidence which might be offered in support thereof.” Ryder Energy Distribution v. Merrill Lynch Commodities, Inc., 748 F.2d 774, 779 (2d Cir. 1984). 1
Filed July 7, 2014
The function of a motion to dismiss is “merely to assess the legal feasibility of the complaint, not to assay the weight of the evidence which might be offered in support thereof.” Ryder Energy Distrib. Corp. v. Merrill Lynch Commodities, Inc., 748 F.2d 774, 779 (2d Cir. 1984). The factual allegations of the complaint need only be “enough to raise a right to relief above the speculative level.”
Filed February 14, 2014
THE COMPLAINT STATES VALID CLAIMS FOR RELIEF UNDER NEW YORK’S CONSUMER PROTECTION LAWS A. Legal Standard “The function of a motion to dismiss is merely to assess the legal feasibility of the complaint, not to assay the weight of the evidence which might be offered in support thereof.” Quinn v. Walgreen Co., – F. Supp. 2d –, No. 12 Civ. 8187, 2013 WL 4007568, at *5 (S.D.N.Y. Aug. 7, 2013) (quoting Ryder Energy Distrib. Corp. v. Merrill Lynch Commodities, Inc., 748 F.2d 774, 779 (2d Cir. 1984). In considering a motion o dismiss, all allegations in the complaint must be taken as true and construed in the light most favorable to the Plaintiffs.
Filed September 6, 2013
The function of a motion to dismiss is "merely to assess the legal feasibility of the complaint, not to assay the weight of the evidence which might be offered in support thereof." Ryder Energy Distribution v. Merrill Lynch Commodities, Inc., 748 F.2d 774, 779 (2d Cir. 1984). When deciding a motion to dismiss, courts must accept as true the well pleaded allegations of the complaint.