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Bray v. Purple Eagle Entertainment, Inc., 18 Civ. 5205 (GBD) (HBP). (2018)

Court: District Court, S.D. New York Number: infdco20181019m90 Visitors: 1
Filed: Sep. 27, 2018
Latest Update: Sep. 27, 2018
Summary: REPORT AND RECOMMENDATION HENRY PITMAN , Magistrate Judge . TO THE HONORABLE GEORGE B. DANIELS, United States District Judge, I respectfully recommend that defendants' motion to dismiss the complaint (Docket Item 10) and defendants' motion to strike certain allegations from the complaint (Docket Item 12) be denied. Plaintiff has filed an amended complaint and defendants have now filed motions to dismiss and to strike directed at the amended complaint (Docket Items 21 and 23, respectively).
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REPORT AND RECOMMENDATION

TO THE HONORABLE GEORGE B. DANIELS, United States District Judge,

I respectfully recommend that defendants' motion to dismiss the complaint (Docket Item 10) and defendants' motion to strike certain allegations from the complaint (Docket Item 12) be denied. Plaintiff has filed an amended complaint and defendants have now filed motions to dismiss and to strike directed at the amended complaint (Docket Items 21 and 23, respectively). In light of the filing of the amended complaint, the motions directed at the original complaint are now moot. I therefore recommend that the motions directed to the original complaint (Docket Items 10 and 12) be denied as moot, without prejudice to the motions directed to the amended complaint (Docket Items 21 and 23).

OBJECTIONS

Pursuant to 28 U.S.C. § 636(b) (1) (c) and Rule 72 of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from receipt of this Report to file written objections. See also Fed.R.Civ.P. 6(a). Such objections and responses thereto) shall be filed with the Clerk of the Court with courtesy copies delivered to the Chambers of the Honorable George B. Daniels, United States District Judge, 500 Pearl Street, Room 1310, New York, New York 10007 and to the Chambers of the undersigned, 500 Pearl Street, Room 1670, New York, New York 10007. Any requests for an extension of time for filing objections must be directed to Judge Daniels. FAILURE TO OBJECT WITHIN FOURTEEN (14) DAYS WILL RESULT IN A WAIVER OF OBJECTIONS AND WILL PRECLUDE APPELLATE REVIEW. Thomas v. Arn, 474 U.S. 140, 155 (1985); United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); Wesolek v. Canadair Ltd., 838 F.2d 55, 57-59 (2d Cir. 1988); McCarthy v. Manson, 714 F.2d 234, 237-38 (2d Cir. 1983) (per curiam).

Source:  Leagle

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