Mason Tenders District Council of Greater New York and Long Island v. CAC of New York, Inc. et al
| Mason Tenders District Council of Greater New York and Long Island |
| CAC of New York, Inc. and Atlas Restoration, Corp. |
| 1:2013cv07229 |
| October 11, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Edgardo Ramos |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 185 |
| None |
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Filing
16
OPINION AND ORDER re: 10 MOTION to Dismiss. filed by Atlas Restoration, Corp.. For the reasons set forth herein, Atlas's motion to dismiss is GRANTED in part and DENIED in part. The denial is solely with respect to Atlas's request that the entirety of the Complaint be dismissed for lack of subject matter jurisdiction. The Complaint survives to the extent that it seeks to compel CAC to participate in the second phase of the arbitration proceedings. The balance of the Compla int is dismissed without prejudice. Should Plaintiff wish to file an Amended Complaint, it shall do so by October 7, 2014. The Clerk of the Court is respectfully directed to (1) terminate Atlas Restoration Corp. as a defendant in this case and (2) terminate the pending motion (Doc. 10). (Signed by Judge Edgardo Ramos on 9/16/2014) (kgo)
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