Reyes Orellana et al v. Macy's Retail Holdings, Inc. et al
| Cinthia Carolina Reyes Orellana and Samya I Moftah |
| Macy's Retail Holdings, Inc. and Law Offices of Palmer Reifler and Associates, P.A. |
| 1:2017cv05192 |
| July 10, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Naomi Reice Buchwald |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
41
MEMORANDUM AND ORDER: granting in part and denying in part 28 Motion to Amend/Correct ; denying without prejudice 38 Letter Motion for Leave to File Document. In summary, leave to amend is granted with respect to (1) Orellana, Moftah, Ramirez, Perullo, Melgar, and Lema's fraud claims, to the extent they allege that Macy's misrepresented that they would be released if they paid or agreed to pay civil fines and/or sign confessions to shoplifting; (2) Orellana, Moftah, Ramirez, Peru llo, Melgar, and Ratner's GBL § 349 claims, to the extent they allege that Macy's engaged in a deceptive business practice by misrepresenting that they would be released if they paid or agreed to pay civil fines and/or sign confessions to shoplifting; and (3) Orellana, Moftah, Ramirez, Perullo, Ratner, Hoque, Nahar, Acteopan, and Osongba's "assault/battery" and false imprisonment claims. Leave to amend is also granted to the extent all claims against Palmer are with drawn. Plaintiffs' motion for leave to amend is denied with prejudice in all other respects. Plaintiffs' motion for leave to move to enforce the Supreme Court preliminary injunction, and for contempt sanctions in violation thereof, is denie d without prejudice. Plaintiffs shall file an amended class action complaint in accordance with, and within 14 days of, this Memorandum and Order. All counsel for extant parties shall thereafter appear for a status conference before this Court on Aug ust 2, 2018, in Courtroom 21A, 500 Pearl Street, New York, NY 10007, at 2:30 P.M. The Clerk of Court is directed to (1) terminate Law Officesof Palmer, Reifler and Associates, P.A. as a defendant (and amend the case caption accordingly), and (2) term inate docket numbers 28 (granted in part and denied in part) and 38 (denied without prejudice). (Signed by Judge Naomi Reice Buchwald on 7/10/2018). *** Party Law Offices of Palmer Reifler and Associates, P.A. terminated. (ama) Modified on 7/10/2018 (ama).
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