The Stone Family Trust v. Credit Suisse AG
- Analisa Torres
- 1:19-cv-05192
- U.S. District Court · Southern District of New York
- 1
In The Stone Family Trust v. Credit Suisse AG, Judge Torres denied as moot defendants’ motion to dismiss the original complaint.
The ruling affected the defendants’ motion to dismiss the original complaint; it did not decide the merits of the Trust’s claims or the amended complaint.
What happened
The Stone Family Trust sued Credit Suisse AG, Credit Suisse Securities (USA) LLC, Tidjane Thiam, and David R. Mathers in a securities action.
The defendants moved to dismiss the original complaint for failure to state a claim. The Trust then filed an amended complaint, replacing the original complaint.
Judge Torres ruled that the motion no longer applied to the operative complaint and denied it as moot. The Clerk was directed to terminate the motion.
The detailed version
- The Stone Family Trust v. Credit Suisse AG · No. 1:19-cv-05192
- Analisa Torres
- Dec. 16, 2019
Background
The Stone Family Trust brought a securities action against Credit Suisse AG, Credit Suisse Securities (USA) LLC, Tidjane Thiam, and David R. Mathers. On November 12, 2019, the defendants moved to dismiss the original complaint for failure to state a claim.
On December 4, 2019, the Trust filed an amended complaint. The parties then asked to extend the deadline for answering or otherwise responding to the amended complaint until 45 days after the Second Circuit decided an appeal from an order in a related case. Judge Sarah Netburn granted that request on December 6, 2019.
Ruling
Because the amended complaint replaced the original complaint, the defendants’ motion to dismiss the original complaint no longer presented a live issue. The court therefore denied as moot the motion at ECF No. 20. The court noted that the defendants contemplated filing a new motion to dismiss the amended complaint at an appropriate time. Judge Analisa Torres directed the Clerk of Court to terminate the motion.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.