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Akerson Advertising & Marketing, Inc. v. St. John & Partners Advertising and Public Relations, Inc.

United States District Court, Second Circuit

August 5, 2013

AKERSON ADVERTISING & MARKETING, INC. and GEORGE E. AKERSON, Plaintiffs,
v.
ST. JOHN & PARTNERS ADVERTISING AND PUBLIC RELATIONS, INC., Defendant.

DUSTIN BOWMAN, ESQ., STEVEN ZALEWSKI & ASSOCIATES, P.C., Kew Gardens, New York, Attorneys for Plaintiffs.

BARRY J. FRIEDBERG, ESQ., TRACHTENBERG RODES & FRIEDBERG LLP, Attorneys for Defendant.

TIMOTHY W. VOLPE, ESQ., CAROLINE MEEK PRIETO, ESQ., ADAMS AND REESE LLP. Jacksonville, Florida, Attorneys for Defendant.

ORDER

FREDERICK J. SCULLIN, Jr., Senior District Judge.

On August 2, 2013, the Court heard oral argument in support of, and in opposition to, Defendant's motion to dismiss Plaintiffs' complaint and Plaintiffs' cross-motion for leave to amend their complaint. At the conclusion of the argument, the Court denied both motions without prejudice and with leave to renew and advised the parties that it would issue a written decision regarding the same.

Accordingly, for the reasons stated at oral argument, the Court hereby

ORDERS that Defendant's motion to dismiss Plaintiffs' complaint and Plaintiffs' crossmotion for leave to amend their complaint are DENIED without prejudice and with leave to renew; and the Court further

ORDERS that, within twenty (20) days of the date of this Order, Plaintiffs may file an amended complaint. As the Court noted at oral argument, in any such amended complaint that Plaintiffs file, they may not replead their fraud claim; and the Court further

ORDERS that, if Plaintiffs do not file an amended complaint within twenty (20) days of the date of this Order, Defendant may, if it wishes, renew its motion to dismiss Plaintiffs' original complaint within forty (40) days of the date of this Order; and the Court further

ORDERS that, if Plaintiffs file an amended complaint within twenty (20) days of the date of this Order, Defendant must file its response, i.e., either its answer or an appropriate motion, within the time frames set forth in Rule 12 of the Federal Rules of Civil Procedure.

IT IS SO ORDERED.


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