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07-5179 - Riotta et al v. Baha Mar Properties Ltd.


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07-5179 - Riotta et al v. Baha Mar Properties Ltd.
December 8, 2008
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MEMORANDUM AND ORDER: The court directs Plaintiffs and Playcore to submit any further jurisdictional arguments or evidence within twenty (20) days of the close of fact discovery. Baha Mar will be afforded an opportunity to respond within two weeks of any such submissions. In the event that the parties do not avail themselves of this opportunity, the court will rule on the current papers pursuant to the standard applied to motions for summary judgment. See Big Apple Pyrotechnics and Multimedia Inc. v. Sparktacular Inc., No. 05 cv 9994(KMW), 2007 WL 747807, at * I (S.D.N.Y. Mar. 9, 2007) (noting that while a motion to dismiss for lack of personal jurisdiction cannot be converted to a motion for summary judgment, the summary judgment standard is an appropriate guide). The court defers decision on Baha Mar's motion to dismiss on the grounds of forum non conveniens pending resolution of its personal jurisdiction motion. Ordered by Judge Nicholas G. Garaufis on 12/5/2008. (Lee, Tiffeny)