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16-6359 - Flexborrow LLC et al v. TD Auto Finance LLC


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16-6359 - Flexborrow LLC et al v. TD Auto Finance LLC
June 16, 2017
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ORDER granting 15 Motion to Dismiss for Failure to State a Claim. For the reasons set forth herein, the Court grants defendant's motion to dismiss plaintiffs' RICO claims and declines, in its discretion, to exercise supplemental jurisdiction over plaintiffs' state law claims for lender liability and fraud, which it dismisses without prejudice. The Court, in an abundance of caution, grants plaintiffs leave to amend, and any amended complaint must be filed within thirty (30) days of this Memorandum and Order. SO ORDERED. Ordered by Judge Joseph F. Bianco on 6/16/2017. (Zbrozek, Alex)
July 18, 2017
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ORDER: SO ORDERED that the above-referenced factors favor dismissal of this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 4l(b) with prejudice to the federal RICO claims and without prejudice to the New Yark State law claims for lender liability and fraud. The Clerk of the Court shall enter judgment accordingly and close this case. Ordered by Judge Joseph F. Bianco on 7/18/2017. (Florio, Lisa)