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17-1612 - Rodriguez et al v. Hanesbrands Inc.

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17-1612 - Rodriguez et al v. Hanesbrands Inc.
March 30, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS -- On October 16, 2017, the Court referred Defendant's motion to dismiss to the Honorable Roanne L. Mann, Chief U.S. Magistrate Judge, for a Report and Recommendation ("R&R"), which was issued on February 20, 2018. Defendant timely objected and Plaintiff responded thereto. For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, and upon due consideration and review, Defendant's objections are overruled and the recommendations contained in the thorough and well reasoned R & R are adopted in their entirety. Accordingly, Defendant's motion to dismiss is granted as to the common law fraud claim and the request for injunctive relief, and denied as to Plaintiffs' GBL ยงยง 349 and 350 claims. This matter is referred to Chief Magistrate Judge Mann for further pretrial proceedings, including settlement discussions. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/30/2018. (Irizarry, Dora)