Eastern Materials Corporation et al v. Mitsubishi Plastics Composites America, Inc.
Eastern Materials Corporation and Island Exterior Fabricators LLC |
Mitsubishi Plastics Composites America, Inc. |
2:2017cv01034 |
February 23, 2017 |
US District Court for the Eastern District of New York |
Central Islip Office |
Anne Y. Shields |
Arthur D. Spatt |
Contract: Other |
28 U.S.C. ยง 1332 Diversity-Notice of Removal |
None |
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Filing 28 MEMORANDUM OF DECISION & ORDER granting in part and denying in part 15 motion to amend. For the reasons stated above, it is hereby ORDERED, that the Plaintiffs' motion to amend is granted to the extent that the Court accepts the SAC as it pe rtains to the breach of contract claim; and it is further ORDERED, that the Plaintiffs motion to amend is otherwise denied; and it is further ORDERED, that the Plaintiffs' breach of warranty claim is hereby dismissed. SEE ATTACHED DECISION for details. SO ORDERED by Judge Arthur D. Spatt on 4/4/2018. (Coleman, Laurie) |
Filing 14 MEMORANDUM OF DECISION & ORDER - For the reasons stated above, the Defendant's 7 motion to dismiss the Plaintiffs' claims for breach of contract and express warranty pursuant to Rule 12(b)(6) is granted without prejudice. The Court denie s without prejudice the Plaintiffs' request for leave to amend as procedurally improper, and grants the Plaintiffs leave to renew their request to file an amended complaint in a manner consistent with FED. R. CIV. P. 15 within thirty days of the date of this decision. SEE ATTACHED DECISION for details. It is So Ordered by Judge Arthur D. Spatt on 9/19/2017. (Coleman, Laurie) |
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