05/10/2011 – Motion to Dismiss filed in the Madoff Adversary Proceedings by L.H. Rich Companies et al before Judge Lifland in the Southern District of New York (Manhattan).  The Defendants seek dismissal of the avoidance claims of Trustee Picard pursuant to Fed. R. Civ. P. 12(b)(5) for insufficient service of process and Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be granted. The latter grounds are based on “conclusory allegations as to subsequent transferees.” Dismissal of the proceedings, however, is only one of the options available to the Court to address the challenges. The courts holding on the “substantive” issues will be less instructive to other defendants than the steps ordered by the Court to redress the deficiencies in service and pleading. Registered users, click this link to see the filing.*