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No. 570 ORDER: terminating 566 Letter Motion for Conference re: 566 LETTER MOTION for Conference on ...

Document McKoy et al v. The Trump Corporation et al, 1:18-cv-09936, No. 570 (S.D.N.Y. Apr. 25, 2023)

WHEREAS, on March 10, 2023, Plaintiffs moved to certify a class pursuant to Federal Rule of Civil Procedure 23.

On April 7, 2023, Defendants filed a memorandum of law in opposition to the motion.

Their opposition cited testimony from two experts, Robert Peterson and Dr. Joseph Hair.

WHEREAS, on April 21, 2023, Plaintiffs filed a reply in support of their motion.

In conjunction with their reply, Plaintiffs also filed a pre-motion letter seeking leave to move to exclude the evidence from Defendants’ experts.

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No. 568 MEMO ENDORSEMENT: on re: 559 LETTER MOTION for Conference Pre-Motion Conference. addressed ...

Document McKoy et al v. The Trump Corporation et al, 1:18-cv-09936, No. 568 (S.D.N.Y. Apr. 24, 2023)

Re: Catherine McKoy, et al. v. Trump Corp., et al., No. 18-cv-9936 (LGS) (SLC) Dear Judge Schofield: Defendants hereby request that Your Honor schedule a pre-motion conference with respect to Defendants’ proposed motion for summary judgment, the basis for which is set forth below.1

Additionally, Plaintiffs cannot raise genuine and material issues of fact as to reliance, which is required under the foregoing statutes, as the evidence demonstrates that they joined ACN for reasons other than the alleged misrepresentations made by President Trump.

Indeed, nonparties, not Defendants, led Mr. Frazier to believe that simply by joining ACN he would obtain enough money to be able to retire, while he ignored ACN’s written warnings that earnings were not guaranteed and its explanations about the need to work hard to make sales in order to generate income.

Additionally, the misrepresentation claims should be dismissed on the following grounds: (1) Ms. McKoy cannot raise a genuine issue of fact as to scienter as required by California law (Gianino v. Alacer Corp., 846 F. Supp.

App. 3d 954, 962 (1986); Lloyd v. General Motors Corp., 916 A.2d at 273); and (5) Ms. Chadwick cannot raise a genuine and material issue of fact as to her misrepresentation claim based on her deposition testimony that she did not recall the statements made by President Trump that the Second Amended Complaint alleges she relied upon (Pittsburgh Live, Inc. v. Servov, 615 A.2d 438, 441 (Pa. Super.

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