Baldanzi et al v. WFC Holdings Corporation
| Kathleen Baldanzi and Gerald P. Long |
| WFC Holdings Corporation |
| 1:2007cv09551 |
| October 25, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Unassigned |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
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Filing
36
MEMORANDUM OPINION AND ORDER: #98450 Plaintiffs motion to dismiss the complaint for lack of subject matter jurisdiction is denied. The complaint will be dismissed without prejudice pursuant to Rule 41(a)(2), upon Plaintiffs satisfaction of the condit ion that Plaintiffs pay to Defendant its attorneys fees and costs related to the instant motion practice and Plaintiffs attempts to postpone the deadlines established by Judge Gorenstein. Plaintiffs failure to satisfy this condition will result in a dismissal of the action with prejudice. Defendant is directed to file (with a courtesy copy for Chambers) a motion supported by a concise memorandum, with exhibits attached as appropriate, quantifying and substantiating its request for attorneys fees and costs, by January 29, 2010. Plaintiffs shall file any opposition submission by February 12, 2010, and Defendant shall file any reply submission by February 19,2010. The Court will subsequently issue an order directing Plaintiffs to pay Defendant a certain sum by a certain date and, following receipt of confirmation of payment, the Court will dismiss the action without prejudice. In accordance with Rule 2.B. of the Individual Practice Rules of the undersigned,the parties are directed to seek consensus on a sum informally before engaging in the above-described motion practice. This Memorandum Opinion and Order resolves docket entry no. 30. So Ordered (Signed by Judge Laura Taylor Swain on 1/13/2010) (js) Modified on 1/14/2010 (ajc).
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