Schwartzco Enterprises, LLC et al v. TMH Management, LLC et al
| Arnold M. Schwartz, Schwartzco Enterprises, LLC and The Meat House - Roslyn, LLC |
| Thomas Brown, Meat House Franchising, LLC, Kerry Miller, Justin Rosberg, TMH Management, LLC and TMH Ventures, LLC |
| 2:2014cv01082 |
| February 19, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Arthur D. Spatt |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
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Filing
54
ORDER STAYING CASE for Bankruptcy or Appeal Proceeding Re: 53 Notice of Filing Bankruptcy by Defendant Rosberg ("Suggestion of Bankrtupcy") and Request for Confirmation of Stay Under 11 USC § 362 - The Court confirms the operation of the automatic stay under 11 U.S.C. § 362(a) as to the Defendant Justin Rosberg. See Supernova 330 LLC v. Gazes, 693.f.3d. 138, 141 (2d Cir. 2012). So Ordered by Judge Arthur D. Spatt on 5/22/15. (Coleman, Laurie)
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Filing
39
MEMORANDUM OF DECISION AND ORDER granting in part and denying in part 33 motion for leave to file an amended complaint; granting in part and denying in part 24 motion to dismiss - Browns motion to dismiss pursuant to Rule 9(b), considered as di rected at the proposed amended complaint, is granted in part and denied in part. In particular, Browns motion to dismiss is denied as to the Plaintiffs claims for (1) negligent misrepresentation under New York law and (2) violations of the NYFSA. Bro wns motion is otherwise granted. Concurrently, the Plaintiffs motion pursuant to Rule 15(a) for leave to file an amended complaint is granted in part and denied in part. The motion is granted as to the Plaintiffs claims for negligent misrepresentation and violations of the NYFSA. So Ordered by Judge Arthur D. Spatt on 11/17/2014. (Coleman, Laurie)
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