The court denied the defendant's motion to dismiss for failure to state a claim and motion for summary judgment based on statutes of limitation. The additional counts in the trustee's amended complaint related back to the original counts concerning fraudulent and preferential transfers, so they were not time-barred. The original counts were rather vague but were fleshed out by discovery and incorporated into the parties' preliminary pretrial statement, which became the operative pleading, so they survived the motion to dismiss.
Date:
Wednesday, October 23, 2013
Judge:
Judge Timothy J. Mahoney (Retired)