Free Motion for Judgment on the Pleadings - District Court of Delaware - Delaware

Case 1:07-cv-00828-GMS

Document 51

Filed 01/22/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
WINSTAR HOLDINGS LLC and IDT CORP.

Plaintiffs THE BLACKSTONE GROUP LP IMPALA PARTNERS , LLC and CITICORP
Defendants.

C.A. No. 07- 828- GMS

DEFENDANT IMP ALA PARTNERS , LLC' S MOTION FOR JUDGMENT ON THE PLEADINGS PURSUANT TO FED. R. CIV. P.
Impala Partners , LLC (" Impala ), Defendant in the above-captioned matter , by its
undersigned counsel ,

moves this Court for a judgment on the pleadings pursuant to Rule 12(

the Federal Rules of Civil Procedure , and in support thereof states as follows:

Impala hereby references , incorporates herein ,

and joins in the recitations

of fact contained in the Motion to
January 22 , 2008 (the " Blackstone Motion ) and the Motion to Dismiss filed by Citigroup, Inc.

as successor by merger to Citicorp, on January 22 2008 (the " Citigroup Motion

The standard for a motion for judgment on the pleadings pursuant to Rule

12(c) is the same as that applied to a motion to dismiss pursuant to Rule
Manville Corp. 798 F.2d 93 ,

Shelly

v.

Johns-

97 n.4 (3d Cir. 1986).
incorporates herein , and joins in the

Impala hereby references ,

arguments contained in the following points of the Blackstone Motion: Point I (Plaintiffs ' claims

are barred by the

' complaint is an impermissible

collateral attack on the bankruptcy sale order); Point III (Plaintiffs claims are barred as a matter
oflaw by reason of the disclaimers and " as- , where- " language of the APA).

635. 001- 19169. DOC

Case 1:07-cv-00828-GMS

Document 51

Filed 01/22/2008

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Impala hereby references ,

incorporates herein , and joins in the

arguments contained in the following points of the
II.B relating to the absence of any specific
i. e.

with the other Defendants , Plaintiffs have not alleged who at Impala said what to whom , when

and where; Point III
(Plaintiffs fail to state a claim for negligent misrepresentation); Point V (Plaintiffs fail to state a
claim for civil conspiracy).

WHEREFORE ,

Impala

granting its motion for a
Complaint in its entirety as against Impala; and granting such other and further relief as is just
and equitable.

Dated: January 22 , 2008

C'rlard S.
James S. Green , Jr. (Bar No. 4406)

919 Market Street, Suite 600 Wilmington , DE 19801 Telephone: (302) 467- 4400 Facsimile: (302) 467- 4450 Email: cobb0)lrclaw. com green0)lrclaw. com
- and -

Andrew C. Gold
John Oleske

HERRICK , FEINSTEIN LLP
2 Park Avenue

New York , NY
Telephone: (212) 592- 1400

Facsimile: (212) 592- 1500
Email: agold0)herrick.com

j oleske0)herrick. com
Attorneys for
635. 001- 19169. DOC

, LLC