Ardigo v. J. Christopher Capital, LLC et al
| Jamie Ardigo |
| J. Christopher Capital, LLC, Christopher Burch and Edward Welsh |
| 1:2012cv03627 |
| May 8, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jesse M. Furman |
| Other Labor Litigation |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
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OPINION AND ORDER re: 21 MOTION for Sanctions Pursuant to Rule 11 of the Federal Rules of Civil Procedure filed by Jamie Ardigo, 14 MOTION to Dismiss the Amended Complaint filed by Edward Welsh, J. Christopher Capital, LLC, Christo pher Burch. For the foregoing reasons, Defendants' motion to dismiss the Amended Complaint is GRANTED as to Plaintiff's claims of employment discrimination and hostile work environment. It is also GRANTED as to Plaintiff's and aiding-a nd-abetting claim with respect to Defendant Burch. The motion to dismiss is DENIED as to both Plaintiff's retaliation claim and the aiding-and-abetting claim with respect to Defendant Welsh. In light of this disposition, Plaintiff's motion for sanctions, which argues that Defendants filed an entirely frivolous motion, is DENIED. Indeed, if anything, it is Plaintiff's motion for sanctions that is frivolous, not Defendants' motion to dismiss. Plaintiff is given until April 5, 2 013, to properly file the Amended Complaint by e-mailing it to caseopenings@nysd.uscourts.gov. Failure to do so will result in an appropriate sanction. The Clerk of Court is directed to terminate Docket Nos. 14 and 21. (Signed by Judge Jesse M. Furman on 3/25/2013) (lmb)
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