Rothstein et al v. Auto Club South et al
| Iris Rothstein and Stanley Rothstein |
| Auto Club South and American Automobile Association |
| 1:2015cv09391 |
| December 1, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Ronald L. Ellis |
| Lewis A. Kaplan |
| Other Contract |
| 28 U.S.C. ยง 1330 |
| Plaintiff |
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Filing
70
MEMORANDUM AND OPINION: Defendants' motion to dismiss the amended complaint [DI 45] is granted to the extent that Count III is dismissed. It is denied in all other respects. The Court well understands the eagerness of defendants on the receiv ing end of putative class actions to file dispositive motions at the earliest possible moment. The lack of merit of this one, however, should have been readily apparent from the outset although the Court does not encourage still further litigation with respect to sanctions. (Signed by Judge Lewis A. Kaplan on 4/13/2017) (ras)
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