Derbaremdiker v. Applebee's International, Inc.
Alex Derbaremdiker |
Applebee's International, Inc. |
1:2012cv01058 |
March 1, 2012 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Kiyo A. Matsumoto |
Viktor V. Pohorelsky |
Civil Rights: Other |
28 U.S.C. ยง 1332 Diversity-Fraud |
None |
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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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