Cooperativa De Ahorro Y Credito Empleados Municipales De Arecibo v. Echelon Capital Management Group, Inc.
Cooperativa De Ahorro Y Credito Empleados Municipales De Arecibo v. Echelon Capital Management Group, Inc.
Opinion of the Court
ORDER
On August 29, 2012, Defendants Echelon Capital Management Group, Inc. and Alvin Yoris (collectively, “Defendants”) filed a motion to dismiss (Docket No. 7).
Plaintiffs complaint fails to state a claim upon which relief can be granted. Plaintiffs claims are barred by the Statute of Limitations.
Plaintiffs claims are barred by the Statute of Frauds.
Plaintiffs complaint should be dismissed for insufficiency of service and insufficiency of process.
In the interest of justice and for judicial economy, Plaintiffs complaint should be transferred to a more convenient forum, to wit, south Florida where the Defendant resides.
(Docket No. 7, page 1).
Plaintiff opposed Defendants’ motion to dismiss on October 5, 2012.
The Court recognizes that Defendants are acting pro-se, and as such, the Court will grant Defendants’ motion to dismiss “a liberal reading.” Rodi v. S. New Eng. Sch. of Law, 389 F.3d 5, 13 (1st Cir. 2004); see Boivin v. Black, 225 F.3d 36, 43 (1st Cir. 2000) (“courts hold pro se pleadings to less demanding standards than those drafted by lawyers”). Nevertheless, Defendants’ motion to dismiss is
Accordingly, the Court hereby DENIES Defendants’ motion to dismiss (Docket No. 7).
IT IS SO ORDERED.
. The motion also includes a request to transfer the instant proceedings to the Southern District of Florida where Defendants reside.
. The Court urges Defendants to strongly consider retaining a licensed attorney to represent Defendants throughout the pendency of the instant litigation.
Reference
- Full Case Name
- COOPERATIVA DE AHORRO Y CREDITO EMPLEADOS MUNICIPALES DE ARECIBO v. ECHELON CAPITAL MANAGEMENT GROUP, INC.
- Cited By
- 1 case
- Status
- Published