Chiste et al v. Hotels.Com L.P. et al, No. 1:2008cv10676 - Document 27 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS: For the reasons further set forth in said Order, the Court grants, in part, Defendants' motion to dismiss. Specifically, plaintiff Schultz's suit (No . 08 Civ. 10744) is severed from the other actions and transferred to the Northern District of Texas, per the parties' forum-selection clause. The Clerk of the Court is directed to transmit the file to that district forthwith. The complaints of plaintiffs Chiste, Sidener, and Gutman (Nos. 08cv10676 & 08cv10746) are dismissed in their entirety. The complaint of plaintiff Lamattina (No. 08cv 10676) is dismissed except for her first cause of action, for deceptive practices under G.B.L. § 349. If she prevails, she may be entitled to declaratory and injunctive relief. The complaint ofplaintiffSchroud (No. 08 Civ. 10746) is dismissed except for his fifth cause of action, for breach of fiduciary duty. Schroud has fourteen days to provide the Court with some reason why what remains of his case should not be transferred to Illinois (and to identify the district in Illinois where he resides). Plaintiff Peluso (No. 10 Civ. 07522) has fourteen days to file a brief of no more than ten pag es explaining why the Court should not dispose of her complaint in the same manner as it has disposed of the cases against the other Defendants-by dismissing all claims. Peluso's G.B.L. § 349 claim will be dismissed for the same reasons tha t plaintiffs Chiste, Schroud, and Gutman's G.B.L. § 349 claims were dismissed. If appropriate, Peluso may move to transfer her case to an appropriate forum. The Orbitz defendants have the same period-fourteen days-to move for dismissal of P eluso's unjust-enrichment claim (count seven). (13 in 08cv10676) MOTION to Dismiss. (15 in 08cv10746) MOTION to Dismiss. (11 in 08cv10744) MOTION to Dismiss/MOTION to Transfer Case. Marc Gutman, Jason Sidener, Matthew R. Chiste and Marc Gutman terminated. (Signed by Judge Colleen McMahon on 11/15/10) (db)