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Horras v. American Capital Strategies, Ltd.

Court:
Southern District of Iowa
Subject Matter:
Contract
Diversity
Procedural Posture:
Motion to Dismiss
  • Horras V. American Capital Strategies, Ltd.
    Horras V. American Capital Strategies, Ltd.
    Horras V. American Capital Strategies, Ltd., Case 4:11-cv-00553-JEG-CFB, Motion to Dismiss, 3/26/2010, 10:00 AM, Des Moines Courthouse, Des Moines, IA, Chief District Judge James E. Gritzner presiding.

    Horras V. American Capital Strategies, Ltd., Case 4:11-cv-00553-JEG-CFB, Motion to Dismiss, 3/26/2010, 10:00 AM, Des...

Case Summary: 11-cv-0553

On November 23, 2011, plaintiff Thomas M. Horras filed a complaint against defendant American Capital Strategies, Ltd. in the United States District Court for the Southern District of Iowa. The complaint alleges breach of contract and breach of fiduciary duty arising out of the uninformed and uncompensated sale of his shares in a Delaware corporation named Auxi, Inc., which was owned by the defendant.

On January 9, 2012, defendant moved to dismiss plaintiff's complaint on the grounds that plaintiff's complaint failed to plead facts (1) suggesting that a fiduciary relationship existed; and (2) identifying a contract between plaintiff and defendant. The court heard oral argument on defendant's motion on March 26, 2012.

Case Highlights

  • Complaint filed 11/23/11 [Doc #1]
  • Motion to Dismiss filed 1/9/12 [Doc #8]
  • Opposition to Motion filed 1/17/12 [Doc #9]
  • Hearing on Motion 3/26/12

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit Pacer.gov.