Clayton's Auto Glass, Inc. et al v. First Data Corporation et al
| April M. Linscott, Linscott Law Firm, PLLC, Laura Taylor and Clayton's Auto Glass, Inc. |
| First Data Corporation, First Data Merchant Services Corporation and Does 1-25 |
| 1:2012cv05018 |
| October 5, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Joanna Seybert |
| A. Kathleen Tomlinson |
| Fraud or Truth-In-Lending |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
29
MEMORANDUM & ORDER re: 13 Motion to Dismiss is GRANTED and Plaintiffs' Complaint is DISMISSED. Plaintiffs' N.Y. Insurance Law, unjust enrichment, and declaratory judgment claims are DISMISSED WITH PREJUDICE, and Plaintiffs' Fla. Insu rance Law and N.Y. common law fraud claims are DISMISSED WITHOUT PREJUDICE with LEAVE TO REPLEAD. Although the Court is dismissing Plaintiff's separate cause of action for declaratory judgment with prejudice, this does not bar Plaintiffs from se eking a declaratory judgment as a form of relief in their amended pleading. Any Amended Complaint must be filed within 30 days of the date of this Order or the Complaint will be deemed dismissed with prejudice and this matter will be closed. Ordered by Judge Joanna Seybert on 9/30/2013.(Nohs, Bonnie)
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