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Espinosa v. Delgado Travel Agency, Inc.

United States District Court, S.D. New York
Oct 30, 2006
No. 05 Civ. 6917 (SAS) (S.D.N.Y. Oct. 30, 2006)

Summary

denying relation back where "new factual allegations focus[ed] on events, dates, and people that were never mentioned in the original complaint"

Summary of this case from Dumont v. Litton Loan Servicing, LP

Opinion

No. 05 Civ. 6917 (SAS).

October 30, 2006

Peter G. Eikenberry, Esq., Trinity Place, New York, New York, for Plaintiffs.

Norman C. Simon, Esq., Robert Neil Holtzman, Esq., Kramer, Levin, Naftalis Frankel, LLP, Avenue of the Americas, New York, New York, for Defendant.


OPINION AND ORDER


The Clerk of Court inadvertently closed this case in its entirety [Docket No. 47] pursuant to an Opinion and Order of this Court granting defendant's motion to dismiss the class action claims in plaintiff's amended complaint [Docket No. 46]. Accordingly, the remaining claims in this case should be reinstated to the Court's active docket.

SO ORDERED.


Summaries of

Espinosa v. Delgado Travel Agency, Inc.

United States District Court, S.D. New York
Oct 30, 2006
No. 05 Civ. 6917 (SAS) (S.D.N.Y. Oct. 30, 2006)

denying relation back where "new factual allegations focus[ed] on events, dates, and people that were never mentioned in the original complaint"

Summary of this case from Dumont v. Litton Loan Servicing, LP

applying the mistake requirement where proposed amendments would add new plaintiffs

Summary of this case from Charlot v. Ecolab, Inc.
Case details for

Espinosa v. Delgado Travel Agency, Inc.

Case Details

Full title:NANCY PATRICIA ESPINOSA and MONICA MONTERO, Plaintiffs, v. THE DELGADO…

Court:United States District Court, S.D. New York

Date published: Oct 30, 2006

Citations

No. 05 Civ. 6917 (SAS) (S.D.N.Y. Oct. 30, 2006)

Citing Cases

Dumont v. Litton Loan Servicing, LP

See Sokolski v. Trans Union Corp., 178 F.R.D. 393, 397-98 (E.D.N.Y. 1998) (allowing relation back where the…

Charlot v. Ecolab, Inc.

emonstration of a mistake pursuant to subsection (ii). See In re Morgan Stanley Mortgage Pass–Through…