Amerio v. Gray

MEMORANDUM DECISION and ORDER   Plaintiffs Andrew Goldberg and Steven Amerio (together “Goldberg and Amerio” or “plaintiffs”) maintain the present action against defendants Gregory Gray (“Gray”), Gregory Edwards, Archipel Capital LLC, BIM Management LP, and Bennington Investment Management, Inc. (together “defendants”). Goldberg and Amerio assert three claims for relief under federal law: (1) securities fraud under §10(b) of the Exchange Act, 15 U.S.C. §78j(b) (“§10(b)”); (2) control person liability for securities fraud under §20(a) of the Exchange Act, 15 U.S.C. §78t(a) (“§20(a)”); and (3) a civil claim under 18 U.S.C. §1962(a) of the Racketeer Influenced and Corrupt Organizations Act (“RICO”). Plaintiffs also assert nine claims under New York common and statutory law: (1) common law fraud; (2) common law negligent misrepresentation; (3) common law breach of fiduciary duty; (4) common law conversion; (5) common law unjust enrichment; and (6-9) four violations of New York Debtor and Creditor Law. Dkt. 132, the Second Amended Complaint (“SAC”),