Wood et al v. General Motors Corporation et al
||December 29, 2008
||US District Court for the Eastern District of New York
||Other Statutory Actions Office
||Joseph F. Bianco
||A. Kathleen Tomlinson
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
||15:2301 Magnuson-Moss Warranty Act
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|March 25, 2015
MEMORANDUM & ORDER granting 77 Motion to Dismiss: For the reasons set forth in the attached, the motion to dismiss Plaintiffs' Amended Complaint is GRANTED for lack of subject matter jurisdiction and for failure to state a claim pursuant to F ederal Rule of Civil Procedure 12(b)(1) and 12(b)(6). Plaintiffs' federal claims are accordingly dismissed with prejudice. Plaintiffs' state law claims are dismissed without prejudice. Additionally, Defendants' request for sanctions and Plaintiffs motion for leave to file a second amended complaint are both DENIED. The Clerk of Court is respectfully requested to close this case. Ordered by Judge Pamela K. Chen on 3/25/2015. (Pelaez, Jenny)
|September 15, 2010
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Having conducted a review of the full record and the applicable law, and having reviewed the R&R for clear error, the Court adopts the findings and recommendations contained in the R&R in their entirety. Ev en under a de novo standard, the Court adopts the R&R in its entirety. Accordingly, IT IS HEREBY ORDERED that defendants' motion to dismiss the complaint is granted in its entirety. IT IS FURTHER ORDERED that plaintiffs' cross-motion to a mend is granted, and plaintiffs are granted leave to re-plead by filing an Amended Complaint within thirty (30) days of the date of this Memorandum and Order. A copy of this Order has been mailed to pro se plaintiffs by the Court. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/15/2010. (Weisgerber, Erica)
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