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Khurana v. Wahed Invest, LLC, 18-cv-0233 (LAK). (2020)

Court: District Court, S.D. New York Number: infdco20200123e02 Visitors: 7
Filed: Jan. 22, 2020
Latest Update: Jan. 22, 2020
Summary: ORDER LEWIS A. KAPLAN , District Judge . Magistrate Judge Barbara Moses has rendered a well considered report and recommendation in which she recommends that defendants' motion to dismiss the second amended complaint (Dkt. 39) be granted in part and denied in part. Defendants' objections are little if anything more than repetitions of arguments soundly rejected in the report and recommendation. They are overruled. Accordingly, defendants' motion to dismiss the second amended complaint and
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ORDER

Magistrate Judge Barbara Moses has rendered a well considered report and recommendation in which she recommends that defendants' motion to dismiss the second amended complaint (Dkt. 39) be granted in part and denied in part. Defendants' objections are little if anything more than repetitions of arguments soundly rejected in the report and recommendation. They are overruled.

Accordingly, defendants' motion to dismiss the second amended complaint and for other relief (Dkt 39) is granted to the extent that (a) Count II is dismissed without prejudice to plaintiffs right to request (or defendants' right to oppose) the remedy of specific performance in connection with plaintiffs surviving contract claim, (b) Count III is dismissed with prejudice, and (c) paragraphs 26-28, and paragraph 47 on page 13 of the second amended complaint are stricken.

SO ORDERED.

Source:  Leagle

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