PNCEF, LLC v. Oz General Contracting Co., Inc. et al
| PNCEF, LLC |
| Oz General Contracting Co., Inc. and Mike Ovadia |
| Timesavers, Inc. |
| Oz General Contracting Co., Inc. and Mike Ovadia |
| 2:2011cv00724 |
| February 14, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Arlene R. Lindsay |
| Contract Product Liability |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
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Filing
31
ORDER ADOPTING REPORT AND RECOMMENDATIONS: SO ORDERED that Magistrate Judge Lindsay's Report is adopted as an order of the Court. Deft's motion to dismiss the Complaint [Docket Entry No. 16] pursuant to Rule 12(b )( 6) of the Federal Rules of Civil Procedure is granted to the extent that plaintiffs claims for breach of contract and breach of implied warranty are dismissed with prejudice and plaintiffs claims for breach of express warranty and misrepresentation are dismissed without pre judice. Plaintiff is granted leave to file a second amended complaint in accordance with the Report and this Order within thirty (30) days of the date of entry of this Order; in the event plaintiff fails to do so, plaintiffs claims will be deemed dis missed in their entirety with prejudice and this case will be closed. In accordance with Rule 77(d) of the Federal Rules of Civil Procedure, the Clerk of Court shall serve a copy of this order upon all parties and shall record such service on the docket. Ordered by Judge Sandra J. Feuerstein on 9/21/2012. (Florio, Lisa)
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