You're viewing Docket Item 22 from the case FDIC-Receiver for InBank v. Elmore et al.. View the full docket and case details.

Download this document:




Case: 1:13-cv-01767 Document #: 22 Filed: 05/24/13 Page 1 of 2 PageID #:68

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION



v.



FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR

INBANK,











ELBERT ELMORE, VIRGINIA

BROWNING, NORMAN REIHER and

ROBERT ROMERO,






Plaintiff,



































)
)
)
)
)
)
)
)
)
)
)

Case No. 13-cv-1767

Hon. Amy J. St. Eve



DEFENDANTS VIRGINIA BROWNING, NORMAN REIHER

AND ROBERT ROMERO’S MOTION TO DISMISS



Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, Defendants

Virginia Browning, Norman Reiher and Robert Romero hereby move to dismiss the

Complaint in this matter on the following grounds, all of which are set forth more

fully in the Joint Memorandum of Defendants Elbert Elmore, Virginia Browning,

Norman Reiher, and Robert Romero in Support of Their Motions to Dismiss, filed

today by counsel for Defendants Virginia Browning, Norman Reiher and Robert

Romero.

1.

The Complaint was filed March 7, 2013, over six months after

September 4, 2012, the expiration date for the three-year statute of limitations set

forth in 12 U.S.C. § 1821(d)(14).

2.

Plaintiff’s negligence claim (Count I) is barred by the Illinois business

judgment rule.

Case: 1:13-cv-01767 Document #: 22 Filed: 05/24/13 Page 2 of 2 PageID #:69

3.

Plaintiff’s gross negligence claim (Count II) fails to state a claim under

Rule 8 of the Federal Rules of Civil Procedure.

4.

Plaintiff’s breach of fiduciary duty claim (Count III) is duplicative of

Count I.

WHEREFORE, Defendants Virginia Browning, Norman Reiher and Robert

Romero respectfully ask the Court to dismiss Plaintiff’s Complaint with prejudice.



May 24, 2013




































































Respectfully submitted,

/s/ Michael S. Loeffler

Michael S. Loeffler
LOEFFLER THOMAS P.C.
500 Skokie Blvd., Suite 260
Northbrook, IL 60062
847-498-8400
847-498-1999-fax
[email protected]



- 2 -