United States District Court, S.D. New York
OPINION AND ORDER
Vincent L. Briccetti United States District Judge
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
pending is defendant's motion to dismiss the breach of
contract and NJCFA claims pursuant to Rule 12(b)(6). (Doc.
following reasons, the motion is DENIED.
Court has subject matter jurisdiction pursuant to 28 U.S.C.
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.
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
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.
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.
with Judge McCarthy's December 8, 2017, Opinion and
Order, plaintiff filed an amended complaint on December 18,
January 16, 2018, defendant moved to dismiss the amended
argues that Judge McCarthy's Opinion and Order
determining that plaintiff adequately pleaded the breach of