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16-2364 - Roldan v. Second Development Services, Inc. et al


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16-2364 - Roldan v. Second Development Services, Inc. et al
March 30, 2018
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ORDER granting in part and denying in part 35 Motion to Dismiss for Failure to State a Claim --- For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, Defendants' motion to dismiss is granted in part and denied in part. Defendants' motion under Rule 12(b)(7) is denied since neither RSL nor RJM are necessary parties. Defendants' motion under Rule 12(b)(6) is granted and the breach of contract claims against SDS, with respect to the 2008 Agreement, and against Second Development, with respect to the 2015 Agreement, are dismissed. The breach of contract claims against Second Development, with respect to the 2008 Agreement, and against SDS, with respect to the 2015 Agreement, and the NYLL wage claim against all Defendants remain. This matter is referred to the magistrate judge for further pretrial proceedings, including settlement discussions. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/30/2018. (Irizarry, Dora)