Berman v. Neo@Ogilvy LLC et al
| Daniel Berman |
| Neo@Ogilvy LLC and WPP Group USA Inc. |
| 1:2014cv00523 |
| January 28, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Lewis A. Kaplan |
| Sarah Netburn |
| Labor: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
40
OPINION AND ORDER re: 25 Report & Recommendation on 10 Motion to Dismiss. For the foregoing reasons, the Court adopts Part III(B) of the Report in its entirety. Accordingly, the plaintiff's claims under the Act are dismissed. The plaintif f may, however, amend his complaint to cure the deficiencies identified in the Report with respect to his claims under the Act. Any such amended complaint must be filed no later than March 28, 2016. (As further set forth in this Order.) (Amended Pleadings due by 3/28/2016.) (Signed by Judge Gregory H. Woods on 2/22/2016) (kko)
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Filing
34
OPINION AND ORDER on 25 REPORT & RECOMMENDATION re: 10 MOTION to Dismiss the Complaint in its Entirety. filed by Neo@Ogilvy LLC, WPP Group USA Inc.. For the foregoing reasons herein, the Court adopts the Report with respect to the breach of express and implied contracts claims (Section IV), and declines to adopt the Report with respect to the anti-retaliation claims (Section III). Instead, the Court grants defendants' motion to dismiss the anti-retaliation claim s for failure to state a claim under Rule 12(b)(6) on the grounds that plaintiff has not adequately alleged that he is a "whistleblower" within the meaning of Dodd-Frank and that, therefore, he cannot avail himself of the Act's anti-retaliation protections. The Clerk of Court is respectfully requested to terminate the motion pending at docket number 10 and to close this case. (Signed by Judge Gregory H. Woods on 12/4/2014) (kgo)
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