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17-061 - The Diamond Collection, LLC v. Underwraps Costume Corporation


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17-061 - The Diamond Collection, LLC v. Underwraps Costume Corporation
July 21, 2017
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MEMORANDUM OF DECISION & ORDER - In the Courts view, none of the factors weigh in favor of transferring this case to the CDCA. Accordingly, Underwraps 11 motion to transfer this case pursuant to Section 1404(a) is denied. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 7/21/2017. (Coleman, Laurie)
April 16, 2018
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MEMORANDUM OF DECISION & ORDER: For the reasons stated above, the Plaintiff's 29 motion to dismiss the Defendant's counterclaims is granted in its entirety. The Defendants counterclaims brought pursuant to the N.Y. GEN. BUS. LAW are dismissed with prejudice. The Defendants remaining counterclaims are dismissed without prejudice, and the Defendant is granted leave to replead those counterclaims. In this regard, the Defendant shall file an amended answer within thirty (30) days of entry of this Order. Failure to do so will result in the dismissal of the counterclaims with prejudice. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 4/16/2018. (Coleman, Laurie)