Chiste et al v. Hotels.Com L.P. et al
| Matthew R. Chiste, Jason Sidener and Cecily Lamattina |
| Hotels.Com L.P., Hotels.Com G.P. L.L.C., Hotwire, Inc, Expedia, Inc (WA), Expedia, Inc (DE) and Travelnow.Com. Inc |
| 1:2008cv10676 |
| December 9, 2008 |
| US District Court for the Southern District of New York |
| Contract: Other Office |
| New York |
| Peter K. Leisure |
| Plaintiff |
| Diversity |
| 28:2201 Declaratory Judgement |
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Filing
39
OPINION AND ORDER GRANTING Defendants' Motion to Dismiss, filed by The Blackstone Group L.P., Orbitz LLC, Cendant Corporation, Travelport L.P., Orbitz Worldwide International, LLC, Orbitz.Com, Orbitz Worldwide, LLC, Orbitz Worldwide, Development , LLC and Orbitz Worldwide, Inc. For the reasons set forth on this Opinion and Order, Peluso's unjust-enrichment claim in Count Seven is dismissed as against Defendant Orbitz LLC. For the reasons discussed in the Court's November 15, 2010 d ecision in Matthew Chiste v. Hotels.com L.P., 756 F. Supp. 2d 382 (S.D.N.Y. 2010), Peluso's G.B.L. § 349 claim in Counts One and Two, and her request for declaratory judgment and injunctive relief in Count Three, are dismissed as against De fendant Orbitz LLC. Count Four is dismissed as against Defendant Orbitz LLC for the same reasons that the Court dismissed Schroud's conversion claim in Chiste. See Chiste, 756 F. Supp. 2d at 412-13. The Clerk is instructed to remove docket entry seven from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 5/31/2011) Filed In Associated Cases: 1:08-cv-10676-CM, 1:08-cv-10744-CM (ab)
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Filing
27
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS: For the reasons further set forth in said Order, the Court grants, in part, Defendants' motion to dismiss. Specifically, plaintiff Schultz's suit (No . 08 Civ. 10744) is severed from the other actions and transferred to the Northern District of Texas, per the parties' forum-selection clause. The Clerk of the Court is directed to transmit the file to that district forthwith. The complaints of plaintiffs Chiste, Sidener, and Gutman (Nos. 08cv10676 & 08cv10746) are dismissed in their entirety. The complaint of plaintiff Lamattina (No. 08cv 10676) is dismissed except for her first cause of action, for deceptive practices under G.B.L. § 349. If she prevails, she may be entitled to declaratory and injunctive relief. The complaint ofplaintiffSchroud (No. 08 Civ. 10746) is dismissed except for his fifth cause of action, for breach of fiduciary duty. Schroud has fourteen days to provide the Court with some reason why what remains of his case should not be transferred to Illinois (and to identify the district in Illinois where he resides). Plaintiff Peluso (No. 10 Civ. 07522) has fourteen days to file a brief of no more than ten pag es explaining why the Court should not dispose of her complaint in the same manner as it has disposed of the cases against the other Defendants-by dismissing all claims. Peluso's G.B.L. § 349 claim will be dismissed for the same reasons tha t plaintiffs Chiste, Schroud, and Gutman's G.B.L. § 349 claims were dismissed. If appropriate, Peluso may move to transfer her case to an appropriate forum. The Orbitz defendants have the same period-fourteen days-to move for dismissal of P eluso's unjust-enrichment claim (count seven). (13 in 08cv10676) MOTION to Dismiss. (15 in 08cv10746) MOTION to Dismiss. (11 in 08cv10744) MOTION to Dismiss/MOTION to Transfer Case. Marc Gutman, Jason Sidener, Matthew R. Chiste and Marc Gutman terminated. (Signed by Judge Colleen McMahon on 11/15/10) (db)
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Filing
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ORDER: The Court sets the following briefing schedule for defendants' motion to dismiss: plaintiffs shall serve their opposition papers on defendants by May 22, 2009, and defendants shall serve their reply papers on plaintiffs by June 19, 2009. The parties shall electronically file all motion papers once the last reply memorandum has been served. (Signed by Judge Peter K. Leisure on 5/4/2009) (jpo)
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