Kearse v. Kaplan, Inc.

Kearse v. Kaplan, Inc.

Plaintiff:	Corey Kearse
Defendant:	Kaplan, Inc.
Case Number:	1:2009cv04176
Filed:	April 28, 2009
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Lewis A. Kaplan
Nature of Suit:	Plaintiff
Cause of Action:	15 U.S.C. § 1 Antitrust Litigation
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 12, 2010	Filing 22 MEMORANDUM OPINION re: #98664 9 MOTION to Dismiss Notice of Motion by Kaplan to Dismiss Complaint with Prejudice. filed by Kaplan, Inc. For the reasons set forth in this Memorandum Opinion, defendant's motion to dismiss the complaint o n the ground that it is barred by the statute of limitations is granted. As I cannot exclude the possibility that plaintiff could sufficiently allege fraudulent concealment, the dismissal is without prejudice to the filing, on or before March 25, 2010, of an amended complaint amending only the fraudulent concealment allegations. (Signed by Judge Lewis A. Kaplan on 3/12/2010) (tro) Modified on 3/15/2010 (ajc).

Date Filed

Document Text

March 12, 2010

Filing 22 MEMORANDUM OPINION re: #98664 9 MOTION to Dismiss Notice of Motion by Kaplan to Dismiss Complaint with Prejudice. filed by Kaplan, Inc. For the reasons set forth in this Memorandum Opinion, defendant's motion to dismiss the complaint o n the ground that it is barred by the statute of limitations is granted. As I cannot exclude the possibility that plaintiff could sufficiently allege fraudulent concealment, the dismissal is without prejudice to the filing, on or before March 25, 2010, of an amended complaint amending only the fraudulent concealment allegations. (Signed by Judge Lewis A. Kaplan on 3/12/2010) (tro) Modified on 3/15/2010 (ajc).

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Plaintiff: Corey Kearse
Represented By:	Joe R. Whatley, JR.
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Defendant: Kaplan, Inc.
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