Gonzales v. LLOYDS TXB BANK, PLC

Order GRANTING in part and DENYING in part Defendant Lloyd’s TSB Bank pic’s Motion to Dismiss With Leave to Amend

I. INTRODUCTION

Defendant Lloyds TSB Bank pic’s (“Lloyds”) Notice of Motion and Motion to Dismiss the First Amended Complaint; and Memorandum of Points and Authorities in Support Thereof (“Motion”), were filed on April 13, 2006: Defendant’s Notice of Re-Filing of Defendant Lloyds TSB Bank’s Motion to Dismiss was filed on April 19, 2006.

Plaintiffs’ Opposition to Defendant Lloyds TSB Bank’s Motion to Dismiss under Federal Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure was filed on May 15, 2006. Plaintiffs’ Amended Opposition (“Opp’n”); and Declaration of Andrew Esbenshade, were filed on May 24, 2006.

Defendant Lloyds TSB Bank pic’s Reply Memorandum of Points and Authorities in Further Support of Motion to Dismiss the First Amended Complaint Pursuant to Fed.R.Civ.P. 9(b) and 12(b)(6) (“Reply”), was filed on May 26, 2006.

The Court deems this matter appropriate for decision without oral argument. See Fed.R.Civ.P. 78; Local Rule 7-15.

II. FACTUAL ALLEGATIONS

In or around 1999, Zvi Leichner and Moshe Leichner (“Leichners”) set up two companies,…