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16-093 - Jones, et al v. Natural Essentials, Inc.


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16-093 - Jones, et al v. Natural Essentials, Inc.
March 27, 2017
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Memorandum Opinion and Order: Defendant's motion to dismiss (Doc. No. 6) counts I and II of plaintiffs' complaint pursuant to Fed. R. Civ. P. 12(b)(6) is granted, and those claims are dismissed with prejudice. Counts III, IV and V are dismissed without prejudice. Plaintiffs' motion to strike (Doc. No. [7)] exhibit 1, and to strike the factual background of defendant's motion to dismiss, is denied as moot because, in ruling on defendant's motion, the Court did not rely on exhibit 1 or any portion of defendant's statement of the facts that was not drawn from the complaint. Judge Sara Lioi on 3/27/2017. (P,J)
December 4, 2017
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Memorandum Opinion and Order: The Court concludes that plaintiffs' request for leave to amend is not well-taken, and is denied. The Court also denies plaintiffs' request to amend the dismissal of counts I and II to dismissal without prejudice. Plaintiffs' motion for reconsideration is granted. For all of the foregoing reasons, having reconsidered in light of plaintiffs' motion, the Court adheres to its original decision. (Related Doc. No. 15). Judge Sara Lioi on 12/4/2017. (P,J)