Benex LC v. First Data Merchant Services Corporation

Justia Dockets & Filings Second Circuit New York Eastern District Benex LC v. First Data Merchant Services Corporation

Benex LC v. First Data Merchant Services Corporation

Plaintiff:	Benex LC
Defendant:	First Data Merchant Services Corporation
Case Number:	2:2014cv06393
Filed:	October 29, 2014
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Joanna Seybert
Presiding Judge:	A. Kathleen Tomlinson
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
November 14, 2016	Filing 38 MEMORANDUM & ORDER granting 34 Motion to Dismiss for Failure to State a Claim; Defendant's motion to dismiss the Amended Complaint (Docket Entry 34) is GRANTED and Plaintiff's claims are DISMISSED WITH PREJUDICE. The Clerk of the Court is directed to enter judgment accordingly and mark this case CLOSED. So Ordered by Judge Joanna Seybert on 11/14/2016. C/ECF (Valle, Christine)
March 16, 2016	Filing 24 MEMORANDUM & ORDER granting 14 Motion to Dismiss for Failure to State a Claim; Defendant's motion to dismiss the Complaint (Docket Entry 14) is GRANTED. Plaintiff's conversion and unjust enrichment claims are DISMISSED WITH PREJUDICE. Plaintiff's implied covenant claim, however, is DISMISSED WITHOUT PREJUDICE and with leave to replead. If Plaintiff wishes to file an Amended Complaint, it must do so within thirty (30) days of the date of this Memorandum and Order. If Plaintiff fails to do so, its claims will be dismissed with prejudice and the case will be closed. So Ordered by Judge Joanna Seybert on 3/16/2016. C/ECF (Valle, Christine)

Date Filed

Document Text

November 14, 2016

Filing 38 MEMORANDUM & ORDER granting 34 Motion to Dismiss for Failure to State a Claim; Defendant's motion to dismiss the Amended Complaint (Docket Entry 34) is GRANTED and Plaintiff's claims are DISMISSED WITH PREJUDICE. The Clerk of the Court is directed to enter judgment accordingly and mark this case CLOSED. So Ordered by Judge Joanna Seybert on 11/14/2016. C/ECF (Valle, Christine)

March 16, 2016

Filing 24 MEMORANDUM & ORDER granting 14 Motion to Dismiss for Failure to State a Claim; Defendant's motion to dismiss the Complaint (Docket Entry 14) is GRANTED. Plaintiff's conversion and unjust enrichment claims are DISMISSED WITH PREJUDICE. Plaintiff's implied covenant claim, however, is DISMISSED WITHOUT PREJUDICE and with leave to replead. If Plaintiff wishes to file an Amended Complaint, it must do so within thirty (30) days of the date of this Memorandum and Order. If Plaintiff fails to do so, its claims will be dismissed with prejudice and the case will be closed. So Ordered by Judge Joanna Seybert on 3/16/2016. C/ECF (Valle, Christine)

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Plaintiff: Benex LC
Represented By:	Timothy J. MacFall
Represented By:	Seth Rigrodsky
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Defendant: First Data Merchant Services Corporation
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