SHEPARD v. LUSTIG

Case No. 11-cv-7601.

912 F.Supp.2d 698 (2012)

William SHEPARD; Walter B. Posner; Christopher T. Michaels; Michael Miller; the Florence Posner Revocable Trust Dated 07/27/2001, a trust; Joseph Moretti; and Elisa H. Posner, Plaintiffs, v. Miles LUSTIG; Grant Lustig; Lustig Capital, LLC, an Illinois limited liability company; ME Layz, LLC, and Illinois limited liability company; L & N Partnership, an Illinois partnership; Client Funding Solutions Corporation, an Illinois corporation; and W & M Trading Corporation, an Illinois corporation, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

December 13, 2012.


Attorney(s) appearing for the Case

Allan A. Ackerman , Allan A. Ackerman , P.C., John Thomas Moran , The Moran Law Group, Chicago, IL, for Plaintiffs.

Michael Joseph Morrisroe , Scott Allen Berndtson , Morrisroe & Associates Ltd., Bloomingdale, IL, for Defendants.


MEMORANDUM OPINION AND ORDER

JOHN W. DARRAH, District Judge.

Certain Defendants1 — Miles Lustig ("Miles"), Grant Lustig ("Grant"), and Lustig Capital, LLC — move to dismiss Count III of the Amended Complaint filed by Plaintiffs, pursuant to Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim upon which relief may be granted. For the reasons presented below, Defendants' Motion to Dismiss...

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