Jackson v. Caribbean Cruise Line, Inc. et al
Brian M. Jackson |
2:14cv2485 Does and Caribbean Cruise Line, Inc. |
2:2014cv02485 |
April 18, 2014 |
US District Court for the Eastern District of New York |
Central Islip Office |
Arthur D. Spatt |
A. Kathleen Tomlinson |
Other Statutory Actions |
28 U.S.C. ยง 1331 Fed. Question |
Plaintiff |
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Filing 83 DECISION AND ORDER - For the foregoing reasons, the Court treats CCLs motion pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss the original complaint as against it as directed to the second amended complaint. The Court grants that motion and the second amended complaint is dismissed as against CCL without prejudice to replead agency liability under the TCPA. If, within 14 days of the date of this order, the Plaintiff fails to do so, the Clerk of the Court is directed to terminate CCL as a defendan t. Finally, the Court sua sponte has considered whether to certify certain portions of this Decision and Order for an interlocutory appeal to CCL under 28 U.S.C. § 1292(b) and, even if it had such authority on this procedural posture, declines to do so. The Clerk of the Court is respectfully directed to terminate docket entries 18, 19, and 20. So Ordered by Judge Arthur D. Spatt on 2/17/2015. (Coleman, Laurie) |
Filing 69 ORDER granting in part and denying in part 37 Motion for Discovery. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/19/2014. (Kandel, Erin) |
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