Kinzie v. The Bank of New York Mellon Corporation et al
| David Kinzie |
| The Bank of New York Mellon Corporation and U.S. Department of Labor Employee Benefits Security Administration |
| 1:2014cv01191 |
| September 29, 2014 |
| US District Court for the Northern District of New York |
| Albany Office |
| Ulster |
| Christian F. Hummel |
| Gary L. Sharpe |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
32
ORDER - That the 31 Report-Recommendation and Order is ADOPTED in its entirety. That the action be DISMISSED without prejudice pursuant to Fed. R. Civ. P. 4(m) for failure to effectuate timely service upon the defendant U.S. Department of Labor Employee Benefits Security Administration. That the clerk is directed to close this case. Signed by Senior Judge Gary L. Sharpe on 7/5/2016. (jel, )
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Filing
19
MEMORANDUM-DECISION AND ORDER granting 5 Motion to Dismiss for Failure to State a Claim: It is hereby ORDERED that BNYMs motion to dismiss (Dkt. No. 5) is GRANTED; and it is further ORDERED that Kinzies first cause of action for breach of contract (Compl. at 5-8) is DISMISSED WITHOUT PREJUDICE and BNYM is DISMISSED from this action; and it is further ORDERED that the Clerk provide a copy of this Memorandum-Decision and Order to the parties. Signed by Chief Judge Gary L. Sharpe on 6/17/15. (ban)
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