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10-4104 - Le et al v. Spongetech Delivery Systems, Inc. et al


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10-4104 - Le et al v. Spongetech Delivery Systems, Inc. et al
March 29, 2012
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ORDER GRANTING Defendant Halperin's (48) Motion to Dismiss in case 1:10-cv-04093-DLI-JMA AND (68) Motion to Dismiss in case 1:10-cv-04104-DLI-JMA; AND GRANTING IN PART AND DENYING IN PART Defendant Lazauskas' (71 in 1:10-cv-04104-DLI-JMA) MOTION to Dismiss The Consolidated Amended Class Action Complaint - For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, the motions to dismiss by Defendants Halperin and Lazauskas are decided as follows: Halperin's motion to dismiss the Third Claim of the Consolidated Amended Class Action Complaint ("Complaint") is granted without prejudice and with leave for plaintiffs to replead in accordance with the Court's Opinion. Halperin's motion to dismiss the Sixth Claim is granted with prejudice. Lazauskas's motion to dismiss the First and Second Claims is granted without prejudice and with leave for plaintiffs to replead. Finally, Lazauskas's motion to dismiss the Seventh Claim is denied. To sum up: The Sixth and Seventh Claims of the Complaint are dismissed with prejudice. Plaintiffs are granted leave to replead the First, Second and Third Claims, in accord with the Court's Opinion and Order, and the Amended Class Action Complaint must be filed NO LATER THAN APRIL 30, 2012. This action shall proceed under the pretrial supervision of U.S. Magistrate Judge Joan M. Azrack. SO ORDERED by Judge Dora Lizette Irizarry on 3/29/2012. (Irizarry, Dora)
March 24, 2017
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ORDER granting (70) Motion to Dismiss in case 1:10-cv-04093-DLI-RML AS TO DEFENDANT HALPERIN ONLY --- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Defendant Halperin's motion to dismiss the third claim in the second amended complaint is granted. Accordingly, said claim, which is the only claim brought against Mr. Halperin, is dismissed, with prejudice, and the Clerk of the Court is directed to terminate Mr. Halperin on the docket of the consolidated cases. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/24/2017. Associated Cases: 1:10-cv-04093-DLI-RML, 1:10-cv-04104-DLI-RML (Irizarry, Dora)