Wednesday, July 29, 2009

New motion to dismiss

Catledge and Brimley's Motion for More Definite Statement was denied by Judge Wilper on July 13, 2009.

Their Motion to Seal was granted as to Exhibit V, a copy of a check, but was denied as to all else.

Catledge and Brimley, instead of filing an answer after their Motion for More Definite Statement was denied, have filed a Motion to Dismiss seeking to have the complaint dismissed. They argue that many of the counts are barred by a statute of limitations, that the Department failed to plead fraud with particularity, and that the Department failed to join certain indespensable parties. These motions have not yet been set for hearing.

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