Fullwood v. Wolfgang's Steakhouse, Inc.
| Cynthia M. Fullwood |
| Wolfgang's Steakhouse, Inc. and ZMF Restaurants LLC |
| 1:2013cv07174 |
| October 10, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Katherine Polk Failla |
| Consumer Credit |
| 15 U.S.C. ยง 1681 |
| Plaintiff |
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Filing
70
OPINION AND ORDER re: 50 MOTION to Dismiss . filed by ZMF Restaurants LLC, Wolfgang's Steakhouse, Inc. For the foregoing reasons, Defendants motion to dismiss is GRANTED. Plaintiff may file a Third Amended Complaint within 21 days of the date of this Order; within 21 days thereafter, Defendants shall file an answer or otherwise respond. The Clerk of Court is directed to terminate the motion at docket entry 50. (As further set forth in this Order.) (Signed by Judge Katherine Polk Failla on 1/26/2017) (cf)
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Filing
41
OPINION AND ORDER re: 31 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by ZMF Restaurants LLC, Wolfgang's Steakhouse, Inc.: For the reasons set forth in this Opinion, Defendants' motion to dismi ss is DENIED. Defendants are directed to file an answer no later than August 13, 2015. The parties are directed to submit a Case Management Plan, a form for which can be found on the Court's website, no later August 20, 2015. The Clerk of Court is directed to terminate the motion pending at Docket Entry 31. (Signed by Judge Katherine Polk Failla on 7/23/2015) (tn)
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Filing
26
OPINION AND ORDER re: 13 MOTION to Dismiss and to Strike filed by ZMF Restaurants LLC, Wolfgang's Steakhouse, Inc.: For the reasons set forth in this Opinion, Defendants motion to dismiss is DENIED without prejudice to refi le. Defendants motion to strike from the class members whose claims arose prior to October 10, 2008, is GRANTED. Plaintiff is given leave to file the Proposed Complaint contained in Exhibit H of her opposition brief (with the modification of the c lass definition indicated above) as a Second Amended Class Action Complaint no later than December 1, 2014. This Court does not anticipate any other amendments of the complaint, and thus any further attempts to amend will be construed as modificat ions of a court scheduling order that would require a demonstration of good cause under the standard set forth in Federal Rule of Civil Procedure 16(b). Finally, the parties are hereby ORDERED to appear for a conference on December 17, 2014, at 11 :00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, to discuss an expedited briefing schedule in the event that Defendants wish to refile their motion to dismiss. Any deadlines to answer specified by Rules 12 or 15 of the Federal Rules of Civil Procedure are stayed pending further order of the Court. The Clerk of Court is directed to terminate the motion pending at Docket Entry 13. (Signed by Judge Katherine Polk Failla on 11/14/2014) (tn)
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