Benihana of Tokyo, LLC v. Angelo Gordon & Co., L.P. et al
| Benihana of Tokyo, LLC |
| Angelo Gordon & Co., L.P. and Benihana Inc. |
| 1:2016cv03800 |
| May 20, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Engelmayer |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
66
OPINION AND ORDER re: 55 MOTION for Attorney Fees and Costs. filed by Benihana Inc., Angelo Gordon & Co., L.P. The Court accordingly denies BI's application for an award of fees and costs. In light of the basis for this deci sion, the Court does not have occasion to reach BOT's other arguments for not issuing such an award, which include the asserted untimeliness of BI's fee application. The Clerk of Court is respectfully requested to terminate the motion pending at Dkt. 55. This case remains closed. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/25/2018) (ne)
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Filing
51
OPINION & ORDER re: 8 MOTION to Dismiss . filed by Benihana Inc., Angelo Gordon & Co., L.P., 27 MOTION to Remand to State Court . filed by Benihana of Tokyo, LLC. For the foregoing reasons, the Court denies BOT' s motion to remand this case to state court and grants BI' s motion to dismiss the Complaint. This dismissal is without prejudice to BOT' s right to pursue, based on the same factual allegations, a claim of breach of contract based on the License Agreement, as opposed to the ARA. Consistent with the License Agreement, BOT is at liberty to pursue such a claim either in court or in arbitration. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 8 and 27, and to close this case. (As further set forth in this order.) (Signed by Judge Paul A. Engelmayer on 3/8/2017) (cf)
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