context: Omnibus Opp'n 15-16.) But while Rule 9(c) allows parties, in pleading conditions precedent to bringing suit, to "allege generally that all conditions precedent have occurred or been performed," Plaintiffs cannot allege something they know to be untrue, see Fed.R.Civ.P. 11(b), and they admit that they have not complied with either the sixty-day pre-suit requirement or the indemnification provisions of SS 6.07. See Sterling Fed. Bank, F.S.B. v. DLJ Mortg.
citation_a.signal: no signal
citation_a.identifier: 2010 WL 3324705, at *4
citation_a.parenthetical: refusing to credit similar general averments of compliance with a no-action clause in light of plaintiffs' contrary admissions
citation_a.sentence: Capital, Inc., No. 09 Civ. 6904(JFG), 2010 WL 3324705, at *4 (N.D.I11. Aug. 20, 2010) {“Sterling II”) (refusing to credit similar general averments of compliance with a no-action clause in light of plaintiffs’ contrary admissions); see also In re Livent, Inc. Noteholders Sec. Litig., 151 F.Supp.2d 371, 405 (S.D.N.Y. 2001) (“[A] court need not feel constrained to accept as truth conflicting pleadings that make no sense, or that would render a claim incoherent, or that are contradicted [ ] by statements in the complaint itself____”).
citation_b.signal: see also
citation_b.identifier: 151 F.Supp.2d 371, 405
citation_b.parenthetical: "[A] court need not feel constrained to accept as truth conflicting pleadings that make no sense, or that would render a claim incoherent, or that are contradicted [ ] by statements in the complaint itself____"
citation_b.sentence: Capital, Inc., No. 09 Civ. 6904(JFG), 2010 WL 3324705, at *4 (N.D.I11. Aug. 20, 2010) {“Sterling II”) (refusing to credit similar general averments of compliance with a no-action clause in light of plaintiffs’ contrary admissions); see also In re Livent, Inc. Noteholders Sec. Litig., 151 F.Supp.2d 371, 405 (S.D.N.Y. 2001) (“[A] court need not feel constrained to accept as truth conflicting pleadings that make no sense, or that would render a claim incoherent, or that are contradicted [ ] by statements in the complaint itself____”).