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05-4201 - Jin v. EBI Inc. et al


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05-4201 - Jin v. EBI Inc. et al
October 17, 2006
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Nicholas G. Garaufis on 10/17/06. (Loizou, Elaina)ORDER granting in part and denying in part 6 Defendants' Motion to Dismiss. Defendants' motion to dismiss under 12(b)(6) is GRANTED with respect to the first cause of action for failure to properly plead fraud, with leave for Plaintiff to file an amended complaint within thirty (30) days of this order. Defendants' motion to dismiss Plaintiff's second and third causes of action under 12(b)(6) is GRANTED. Defendants' motion to dismiss is DENIED under Rules 12(b)(2), 12(b)(4), and 12(b)(5). Defendants' motion to dismiss under 12(b)(2) is GRANTED with respect to Plaintiff's first cause of action with leave for Plaintiff to file an amended complaint within thirty (30) days of this order. If Plaintiff does not file an amended complaint properly pleading fraudulent misrepresentation and establishing personal jurisdiction under New York law within thirty (30) days, this action will be dismissed in its entirety for failure to prosecute. Ordered by Judge
March 31, 2008
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MEMORANDUM & ORDER: The Court GRANTS all Defendants' motions for dismissal of Jin's Amended Complaint under Fed. R. Civ. P. 12(b)(2). So Ordered by Judge Nicholas G. Garaufis on 3/28/2008. (c/m-ecf; fwd'd for jgm) (Lee, Tiffeny)