Mill-Run Tours, Inc. v. Windstream Services LLC et al
| Mill-Run Tours, Inc. |
| Windstream Services LLC and Paetec Communications, LLC |
| 1:2016cv07052 |
| September 9, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Edgardo Ramos |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
33
MEMORANDUM AND OPINION re: 23 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. Pro. 12(b)(6). filed by Paetec Communications, LLC, Windstream Services LLC: Mill-Run Tours, Inc. ("Mill-Run" or "Plaintiff") brought this action against Windstream Corporation ("Windstream") and Paetec Communications LLC ("Paetec"), alleging breach of contract and breach of warranty and seeking damages. Before the Court is Defenda nts' motion to dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Doc. 23). For the reasons stated above, Defendants' motion to dismiss Plaintiff's Amended Complaint is GRANTED without pre judice. Plaintiff may file an amended breach of contract claim, if at all, by July 21, 2017. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 23. ( Amended Pleadings due by 7/21/2017.) (Signed by Judge Edgardo Ramos on 7/6/2017) (jwh)
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