Derbaremdiker v. Applebee's International, Inc.

Justia Dockets & Filings Second Circuit New York Eastern District Derbaremdiker v. Applebee's International, Inc.

Derbaremdiker v. Applebee's International, Inc.

Plaintiff:	Alex Derbaremdiker
Defendant:	Applebee's International, Inc.
Case Number:	1:2012cv01058
Filed:	March 1, 2012
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Kiyo A. Matsumoto
Presiding Judge:	Viktor V. Pohorelsky
Nature of Suit:	Civil Rights: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By:	None

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Date Filed	Document Text
September 26, 2012	Filing 22 ORDER granting Defendant's Motion to Dismiss for Failure to State a Claim 13 . For the reasons stated in the attached Memorandum and Order, defendant's motion to dismiss is granted in its entirety, and plaintiff's deceptive practices and unjust enrichment claims are hereby dismissed. During the court's pre-motion conference on June 12, 2012, the court gave plaintiff an opportunity to amend the complaint in response to defendant's proposed motion to dismiss and he decl ined to do so. In any event, because "'it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief,'" Ricciuti v. N.Y.C. Transit Auth., 941 F.2d 119, 123 (2d Cir. 1991) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957)), the court will not grant plaintiff leave to amend the complaint. As there are no other parties or claims remaining in this action, the Clerk of the Court is respectfully requested to enter judgment in this case in favor of the defendant and against the plaintiff and to close this case. Ordered by Judge Kiyo A. Matsumoto on 09/26/2012. (Ravi, Sagar)

Date Filed

Document Text

September 26, 2012

Filing 22 ORDER granting Defendant's Motion to Dismiss for Failure to State a Claim 13 . For the reasons stated in the attached Memorandum and Order, defendant's motion to dismiss is granted in its entirety, and plaintiff's deceptive practices and unjust enrichment claims are hereby dismissed. During the court's pre-motion conference on June 12, 2012, the court gave plaintiff an opportunity to amend the complaint in response to defendant's proposed motion to dismiss and he decl ined to do so. In any event, because "'it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief,'" Ricciuti v. N.Y.C. Transit Auth., 941 F.2d 119, 123 (2d Cir. 1991) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957)), the court will not grant plaintiff leave to amend the complaint. As there are no other parties or claims remaining in this action, the Clerk of the Court is respectfully requested to enter judgment in this case in favor of the defendant and against the plaintiff and to close this case. Ordered by Judge Kiyo A. Matsumoto on 09/26/2012. (Ravi, Sagar)

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Defendant: Applebee's International, Inc.
Represented By:	David Henry Chen
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Plaintiff: Alex Derbaremdiker
Represented By:	Todd C. Bank
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