Fitzgerald
Fitzgerald v. GEM Funding, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 MICHAEL SCOTT FITZGERALD, Case No. 5:21-cv-08641-EJD
Plaintiff, ORDER DENYING MOTIONS TO
DISMISS AND MOTION TO SEVER AS
v. MOOT
GEM FUNDING, LLC, et al., Re: Dkt. Nos. 64, 65, 69, 70, 75 Defendants.
Before the Court are Defendants EBF Holdings, LLC, White Road Capital, LLC, IBEX Funding Group, LLC, and GEM Funding, LLC’s motions to dismiss Plaintiff Michael Fitzgerald’s complaint under Federal Rules of Civil Procedure 8(a), 9(b), 12(b)(1), and 12(b)(6), as well as EBF Holdings’ motion to sever. Dkt. Nos. 64, 65, 69, 70, 75. Pursuant to Civil Local Rule 7-3(a), Fitzgerald’s responses to those motions were due on January 20, 21, and 26, 2022, but he did not file any opposition briefs by those deadlines. On January 28, 2022, in lieu of filing oppositions to Defendants’ motions and before Defendants filed responsive pleadings to the original complaint, Fitzgerald filed an amended complaint.…