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14-4327 - Chiarelli v. Nissan North America, Inc. et al


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14-4327 - Chiarelli v. Nissan North America, Inc. et al
September 25, 2015
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MEMORANDUM & ORDER: Nissan's motion to dismiss is GRANTED IN PART and DENIED IN PART. All claims asserted in the Amended Complaint are dismissed except Plaintiffs' omissions-based theory under the GBL, the FDUTPA, and the MCPA, and Plaintiffs' breach of contract claim. Plaintiffs are directed to file a letter within fourteen ( 14) days of the date of entry of this Memorandum and Order, setting forth whether they (a) intend to amend only their misrepresentations-based theory under the GBL, the FDUTP A, and the MCP A, see supra nn.12, 17, 19; (b) intend to amend their misrepresentations-based theory under the GBL, the FDUTP A, and the MCP A, and also seek leave to file a motion for leave to amend any other claims dismissed in this Memorandum and Order for which the court has not granted leave to amend; or ( c) do not intend to file a further amended complaint. So Ordered by Judge Nicholas G. Garaufis on 9/25/2015. (Lee, Tiffeny)
July 12, 2017
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MEMORANDUM & ORDER, Because Defendant failed to file the required Rule 56.1 Statement, Defendant's Motion (Dkt. 40) is DENIED WITHOUT PREJUDICE. Should Defendant decide to re-file its Motion with a Rule 56.1 Statement, it must first obtain a certification from Magistrate Judge Peggy Kuo that fact discovery is complete. The court expects that any renewed motion filed by Defendant will comply with the Local Rules and the court's Individual Rules, including the page limits prescribed therein. The Clerk of Court is respectfully DIRECTED to amend the case caption to reflect the fact that Todd Maszon and Chris Santimauro have been removed as putative classrepresentatives in this action. So Ordered by Judge Nicholas G. Garaufis on 7/7/2017. (Lee, Tiffeny)