Segedie et al v. The Hain Celestial Group, Inc. et al
| Leah Segedie and Dmitriy Shneyder |
| The Hain Celestial Group, Inc. and Does #1-99 |
| 7:2014cv05029 |
| July 3, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Dutchess |
| Nelson Stephen Roman |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
55
OPINION & ORDER: Defendant's motion to amend/correct the Opinion and Order entered on May 7, 2015 to add a certificate of appealability is DENIED. The Court respectfully directs the Clerk to terminate the motion at ECF No. 48. (Signed by Judge Nelson Stephen Roman on 10/7/2015) (lnl)
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Filing
30
OPINION & ORDER re: 25 MOTION to Dismiss filed by The Hain Celestial Group, Inc. For the foregoing reasons, Defendant's motion to dismiss is GRANTED in part and DENIED in part. The claims for breach of implied warranty of merch antability; deceit and/or misrepresentation, fraudulent concealment, and constructive fraud in violation of common law and California Civil Code §§ 1709, 1573, et seq.; negligent misrepresentation under New York law; and unjust enrichment u nder California law, as well as all claims based on products not identified in the Complaint, are DISMISSED. All other claims survive. Defendant shall have until June 22, 2015 to file responsive pleadings. The parties are directed to schedule a confe rence with Magistrate Judge Lisa Margaret Smith in accordance with ECF No. 17. The Court respectfully directs the Clerk to terminate the motion at ECF No. 25. SO ORDERED. Does #1-99 answer due 6/22/2015; The Hain Celestial Group, Inc. answer due 6/22/2015. (Signed by Judge Nelson Stephen Roman on 5/7/2015) (mml)
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