Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hamlen v. Gateway Energy Services Corp.

United States District Court, S.D. New York

March 28, 2018

ROBERT HAMLEN, Plaintiff,
v.
GATEWAY ENERGY SERVICES CORPORATION, Defendant.

          OPINION AND ORDER

          Vincent L. Briccetti United States District Judge

         Plaintiff Robert Hamlen brings this putative class action against Gateway Energy Services Corporation for breach of contract, breach of the implied covenant of good faith and fair dealing, and violations of the New Jersey Consumer Fraud Act (“NJCFA”), N.J. Stat. Ann. § 56:8-1 et seq.

         Now pending is defendant's motion to dismiss the breach of contract and NJCFA claims pursuant to Rule 12(b)(6). (Doc. #88).

         For the following reasons, the motion is DENIED.

         The Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(d).

         BACKGROUND

         In deciding the pending motion, the Court accepts as true all well-pleaded allegations in plaintiff's complaint and draws all reasonable inferences in plaintiff's favor.

         This Court decided defendant's previous motion to dismiss the complaint on March 6, 2017 (Doc. #28), and Magistrate Judge Judith C. McCarthy decided plaintiff's motion to amend on December 8, 2018. (Doc. #81). Accordingly, the Court presumes familiarity with the circumstances of the case and recounts only the relevant facts necessary for the resolution of the pending motion.

         Plaintiff filed his complaint on May 11, 2016, asserting claims for violations of the NJCFA, breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. On July 26, 2016, defendant moved to dismiss the complaint. On March 6, 2017, this Court granted the motion to dismiss all claims except for breach of the implied covenant of good faith and fair dealing.

         On June 22, 2017, the Court referred the case to Magistrate Judge McCarthy for general pretrial supervision, including all non-dispositive motions. On August 16, 2017, plaintiff moved for leave to file an amended class action complaint, attaching a proposed amended complaint to the pleadings. Judge McCarthy issued an Opinion and Order on December 8, 2017, granting leave to re-plead the breach of contract and NJCFA claims and denying joinder of an additional defendant. Defendant did not file objections to the magistrate judge's decision or move for reconsideration.

         Consistent with Judge McCarthy's December 8, 2017, Opinion and Order, plaintiff filed an amended complaint on December 18, 2017.

         On January 16, 2018, defendant moved to dismiss the amended complaint.

         DISCUSSION

         Plaintiff argues that Judge McCarthy's Opinion and Order determining that plaintiff adequately pleaded the breach of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.