Yarborough v. Queens Auto Mall, Inc. et al
| Curtis J. Yarborough |
| Queens Auto Mall, Inc., M&T Bank, Wynn's Extended Care, Inc. and Star Auto Funding, Inc. |
| 1:2008cv03179 |
| August 5, 2008 |
| US District Court for the Eastern District of New York |
| Contract: Other Office |
| Kings |
| Joan M. Azrack |
| Dora Lizette Irizarry |
| Plaintiff |
| Federal Question |
| 15:2301 Magnuson-Moss Warranty Act |
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Filing
47
ORDER GRANTING 38 Motion to Dismiss; GRANTING 39 Motion to Dismiss; GRANTING 40 Motion to Dismiss - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the motion to dismiss filed by the remaining defendant in this matter, M & T Bank, is GRANTED. Accordingly, claims 3, 8, and 14 are dismissed with prejudice. Plaintiff is denied leave to amend the complaint, and plaintiff's motion to dismiss defendant's counterclaim is denied. The remaining claims, all of which arise under state law, are dismissed without prejudice. WHEREFORE, this action is DISMISSED in its entirety and the Clerk of the Court is directed to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 3/23/2010. (Irizarry, Dora)
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Filing
30
ORDER denying 14 Motion for Entry of Default; denying 23 Motion for Default Judgment -- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, plaintiff's motions for default judgment against defendants Queens Auto Mall, Inc. and S tar Auto Funding, Inc. The court reminds all parties that deadlines set by the court, the court's Individual Rules and Practices, the Federal Rules of Civil Procedure and the Court's Local Rules, where applicable, are to be followed. SO ORDERED by Judge Dora Lizette Irizarry on 2/10/2009. (Irizarry, Dora)
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