Sitt v. Nature's Bounty, Inc. et al
| Carolyn Sitt |
| NBTY, Inc. and Nature's Bounty, Inc. |
| 1:2015cv04199 |
| July 17, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Margo K. Brodie |
| Marilyn D. Go |
| Fraud or Truth-In-Lending |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
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Filing
32
MEMORANDUM AND ORDER granting in part and denying in part 22 Defendants' Motion to Dismiss. For the reasons set forth in the attached Memorandum and Order, the Court finds that Plaintiff has Article III standing but does not have standing to s eek injunctive relief. The Court grants in parts and denies in part Defendants' motion to dismiss. The Court grants Defendants' motion to dismiss Plaintiff's claim for unjust enrichment and denies Defendants' motion to dismiss Plaintiff's claims for fraud, breach of express warranty and violations of the Magnuson-Moss Warranty Act, as well as Plaintiff's claims under the New York General Business Law. Ordered by Judge Margo K. Brodie on 9/26/2016. (Deknatel, Anna)
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