Lawrence D. Wood v. Jeff Swickard, et al.

Summary

The United States District Court for the District of Alaska granted Jeff Swickard and Swickard Management Company’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). The court held that the complaint did not sufficiently allege a basis for imposing liability on those defendants through piercing the corporate veil under Alaska law and improperly grouped the defendants together. The court granted the plaintiff 30 days to file an amended complaint or voluntarily dismiss the claims against those defendants.

Holdings

1. The complaint failed to clearly articulate a cognizable basis for holding Jeff Swickard or Swickard Management Company liable for the alleged conduct of Swickard Palmer, LLC, and therefore failed to state a claim against them under Rule 12(b)(6).
2. The complaint did not plead sufficient facts to support piercing Swickard Palmer, LLC's veil under either Alaska's misconduct standard or its mere-instrumentality standard as to Jeff Swickard or SMC.
3. Leave to amend was appropriate because amendment was not shown to be futile.
4. Any amended complaint must replace the prior complaint in its entirety, include all claims Plaintiff wishes to pursue, identify each defendant's specific conduct and injury separately, remain within the scope of the case, contain a short and plain statement, and be signed by Plaintiff.

Questions Presented

1. Whether the complaint stated a plausible claim against Jeff Swickard and Swickard Management Company under Rule 12(b)(6).
2. Whether the complaint adequately pleaded facts supporting piercing Swickard Palmer, LLC's veil under Alaska law.
3. Whether Plaintiff should receive leave to amend the deficient complaint.
4. What requirements should govern any amended complaint.

Disposition

other