Opinion
10 Civ. 9499 (LGS)
09-19-2014
OPINION AND ORDER
:
WHEREAS, on August 13, 2014, Plaintiff's Second Amended Complaint was dismissed with leave to file a Third Amended Complaint by September 9, 2014;
WHEREAS, in the same opinion, Plaintiff's motion to dismiss Defendant's counterclaim for attorneys' fees was denied;
WHEREAS, Plaintiff has not filed a Third Amended Complaint; it is hereby
ORDERED that Plaintiff's claims against Defendant are dismissed with prejudice.
The parties are advised that, by separate order, the matter will be referred to a Magistrate Judge for a report and recommendation on the disposition of Defendant's counterclaim. Dated: September 19, 2014
New York, New York
/s/_________
LORNA G. SCHOFIELD
UNITED STATED DISTRICT JUDGE