Kranepool v. Beckett Auctions, LLC, No. 2:2018cv03724 - Document 17 (E.D.N.Y. 2018)
Court Description: MEMORANDUM OF DECISION & ORDER: ORDERED that the Plaintiffs 6 motion to amend the complaint is granted; and it is further ORDERED that the Plaintiff file his proposed amended complaint within five (5) days of this Order; and it is further ORDERED t hat the Defendants 5 motion to dismiss is terminated as moot; and it is further ORDERED that the Defendant respond to the Plaintiffs amended complaint within twenty-eight (28) days of its filing. SEE ATTACHED DECISION for details. SO ORDERED by Judge Arthur D. Spatt on 11/14/2018. (Coleman, Laurie)
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Kranepool v. Beckett Auctions, LLC Doc. 17 FILED CLERK 11:20 am, Nov 14, 2018 U.S. DISTRICT COURT EASTERN DISTRICT OF NEW YORK LONG ISLAND OFFICE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------X EDWARD KRANEPOOL, Plaintiff, MEMORANDUM OF DECISION & ORDER 2:18-cv-3724 (ADS)(AKT) -againstBECKETT AUCTIONS, LLC d/b/a GOODWIN & CO., Defendant. ---------------------------------------------------------X APPEARANCES: Harfenist Kraut & Perlstein, LLP Counsel for the Plaintiff 3000 Marcus Avenue Lake Success, NY 11042 By: Steven J. Harfenist, Esq., Of Counsel Law Offices of Charles A. Gruen Co-Counsel for the Defendants 7703 Fifth Avenue Brooklyn, NY 11209 By: Charles A. Gruen, Esq., Of Counsel Condon Tobin Sladek Thornton, PLLC Co-Counsel for the Defendants 8080 Park Lane, Suite 700 Dallas, TX 75231 By: Kendal B. Reed, Esq., Of Counsel SPATT, District Judge. The Court assumes the parties’ familiarity with the facts and procedural history of this action. Additional detail that is relevant to the instant motions is provided below. Presently before 1 Dockets.Justia.com the Court is a motion by the Defendant, pursuant to Federal Rule of Civil Procedure (“FED. R. CIV. P.” or “Rule”) 12(b)(6) to dismiss the Plaintiff’s entire complaint and a cross-motion by the Plaintiff, pursuant to Rule 15(a) to amend the complaint. The proposed amended complaint contains additional causes of action that are not addressed in the Defendant’s motion to dismiss. The Defendant has indicated that it does not oppose the Plaintiff’s motion to amend and prefers to re-file its motion to dismiss in response to the proposed amended complaint. Accordingly, it is hereby ORDERED that the Plaintiff’s motion to amend the complaint is granted; and it is further ORDERED that the Plaintiff file his proposed amended complaint within five (5) days of this Order; and it is further ORDERED that the Defendant’s motion to dismiss is terminated as moot; and it is further ORDERED that the Defendant respond to the Plaintiff’s amended complaint within twenty-eight (28) days of its filing. SO ORDERED Dated: Central Islip, New York November 14, 2018 ___/s/ Arthur D. Spatt_______ ARTHUR D. SPATT United States District Judge 2
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