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15-1219 - Jenkins v. National Grid USA et al


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15-1219 - Jenkins v. National Grid USA et al
March 31, 2016
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MEMORANDUM & ORDER: Defendants motion to dismiss the Complaint (Docket Entry 135) is GRANTED IN PART and DENIED IN PART, and Defendants motion to stay (Docket Entry 141) is DENIED. The following Defendants are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction: (1) National Grid PLC; (2) National Grid North America Inc.; (3) National Grid USA; (4) Massachusetts Electric Company; (5) The Narragansett Electric Company; (6) Boston Gas Company; (7) National Grid Electric Services LLC; (8) Colonial Gas Company; (9) Essex Gas Company; (10) Nantucket Electric Company; (11) Keyspan Corporation; and (12) Niagara Mohawk Holdings, Inc. The remaining Defendants are (1) Niagara Mohawk Power Corporation, (2) The Brooklyn Union Gas Company, (3) Keyspan Gas East Corporation, and (4) National Grid USA Service Company, Inc. Count II of the Amended Complaint is DISMISSED WITHOUT PREJUDICE and with leave to replead in a manner consistent with this Courts opinion. If Plaintiffs wish to file a Second Amended Complaint, they must do so within thirty (30) days of the date of this Memorandum and Order. If Plaintiffs fail to do so, Count II will be dismissed with prejudice. So Ordered by Judge Joanna Seybert on 3/31/2016. (Ortiz, Grisel)
March 31, 2017
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MEMORANDUM & ORDER granting in part and denying in part 159 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 160 Motion to Dismiss for Failure to State a Claim; denying 161 Motion to Dismiss; For the foregoing reasons, Defendants' motion to dismiss the Second Amended Complaint for failure to state a claim, lack of subject matter jurisdiction, and lack of personal jurisdiction (Docket Entry 159, 160) is GRANTED IN PART and DENIED IN PART. Plaintiffs shall re-file the Second Amended Complaint in accordance with the instructions set forth herein within fourteen (14) days of the date of this Memorandum and Order. Defendants' motion to dismiss or, in the alternative, to stay Count II of the Second Amended Complaint as to Jenkins (Docket Entry 161) is DENIED. So Ordered by Judge Joanna Seybert on 3/31/2017. C/ECF (Valle, Christine)
September 22, 2017
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MEMORANDUM & ORDER granting 183 Motion to Dismiss for Lack of Jurisdiction; For the foregoing reasons, Defendants' motion for lack of subject matter jurisdiction (Docket Entry 183) is GRANTED. Plaintiffs' GBL claim on behalf of Royal, Steele, and the putative class (Count III of the Revised Second Amended Complaint) is DISMISSED WITHOUT PREJUDICE. Additionally, the Court DENIES leave to amend at this time. So Ordered by Judge Joanna Seybert on 9/22/2017. C/ECF (Valle, Christine)