March 2, 2022, District of Nevada – Defendants Ahern Rentals, Inc. and Xtreme Manufacturing, LLC file a motion to dismiss Trustee W. Lovato’s $33 million complaint pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure in the bankruptcy case of Double Jump, Inc. The Defendants allege that the Trustee’s complaint must be dismissed for failure to state a claim upon which relief may be granted because:
(i) the Trustee allegedly lacks standing to assert claims belonging solely to one creditor;
(ii) the Trustee’s claims are allegedly barred by the doctrine of in pari delicto;
(iii) the Trustee allegedly fails to assert all of the necessary elements of her claims, especially as to Defendant Xtreme.
(iv) the Trustee allegedly fails to plead fraud with particularity.
In re Double Jump, Inc. Lead Case No. BK-19-50102- GS (Chapter 7) Substantively consolidated with case numbers 19-50130-gs DC Solar Solutions, Inc., 19-50131-gs DC Solar Distribution, Inc., 19- 50135-gs DC Solar Freedom, Inc.