Trustee Terry Seeks to Dismiss Complaint Against Salubrio, LLC
October 1, 2021, Western District of Texas – Eric B. Terry, Chapter 7 Trustee (“Trustee”) in Bankruptcy Case No. 20-5057 for Debtor Salubrio, LLC (“Salubrio”) moves to dismiss Plaintiff-Debtor Douglas Kevin Smith’s complaint with prejudice for “failure to state a claim” upon which relief can be granted according to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Trustee moves the Court to treat the motion as one for summary judgment under Rule 561 of the Federal Rules of Civil Procedure, in the event the Court is not inclined to dismiss the complaint and grant judgment in Trustee’s favor.
In his original complaint, the Trustee Eric alleges that Plaintiff’s “lengthy – yet factually bare-bones” allegations do not satisfy the pleading requirements of Twombly and Iqbal and therefore “fail to state a claim” upon which relief can be granted. In addition, the Trustee also claims that Salubrio is not a proper party to the proceeding and that even if Plaintiff attempts to “cure” his defective pleading, there is “no set of facts” that would cause Salubrio or its Trustee to be liable to the Plaintiff.