Brady v. Basic Research, L.L.C. et al
| Ashley Brady |
| Basic Research, L.L.C., Mitchell K. Friedlander, Dennis W. Gay, Daniel B. Mowrey, Nicole E. Polizzi and Zoller Laboratories, L.L.C. |
| 2:2013cv07169 |
| December 16, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Arlene R. Lindsay |
| Contract: Other |
| 15 U.S.C. ยง 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
93
ORDER denying 88 Motion to Amend/Correct/Supplement 86 Order on Motion to Dismiss/Lack of Jurisdiction. SO ORDERED that there is no substantial ground for difference of opinion - a requirement for an interlocutory appeal order under 28 U.S.C. § 1292(b) - regarding the meaning of Campbell-Ewald in the circumstances of this case. Defts' motion seeking amendment of the Courts March 31, 2016 Order is therefore denied. Ordered by Judge Sandra J. Feuerstein on 5/2/2016. (Florio, Lisa)
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Filing
86
ORDER denying 64 Motion to Dismiss for Lack of Jurisdiction. SO ORDERED that Defts' motion to dismiss for lack of subject matter jurisdiction pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure is denied. The stay of discovery p ending resolution of this motion is lifted. The parties shall confer and jointly submit a proposed revised scheduling order for the Court's consideration by no later than April 8, 2016. Ordered by Judge Sandra J. Feuerstein on 3/31/2016. (Florio, Lisa)
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Filing
47
OPINION & ORDER: SO ORDERED that the Basic Research defts' motion to strike pursuant to 12(f) is DENIED; the Basic Research defts' and Polizzi's motions to dismiss the claims against Power Crystals pursuant to 12(b)(1) are DENIED; Poli zzi's motion pursuant to 12(b)(1) to dismiss plaintiff Brady's claims under New York law is GRANTED; individual defts' motion to dismiss pursuant to 12(b)(2) is GRANTED as to Mowrey and DENIED as to Gay and Friedlander; Basic Research dets' motion to dismiss pursuant to 12(b)(6) is DENIED as to the MMWA and breach of express warranties claims and GRANTED as to plaintiffs' New York GBL § 349, MCPA, fraud, negligent misrepresentation and unjust enrichment claims; Poli zzi's motion to dismiss pursuant to 12(b )(6) is DENIED as to the MMW A and the Maryland based express warranty claims and GRANTED as to plaintiff Cardillo's MCPA, fraud, negligent misrepresentation and unjust enrichment claims. Ordered by Judge Sandra J. Feuerstein on 3/31/2015. (Florio, Lisa)
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