Opinion
3:21-cv-0047
03-30-2022
LESLIE LAMBERTIS, Plaintiff, v. STARFISH MARKET, CORPORATION, Defendants.
Joseph Caines, Esq. Law Offices of Joseph Caines, P.C. St. Thomas, USVI for Plaintiff Leslie Lambertis Gregg R. Kronenberger, Esq. Charles E. Lockwood, Esq. Dudley Newman Feuerzeig, LLP St. Croix, USVI for Defendant Starfish Market, Corp.
ACTION FOR DAMAGES JURY TRIAL DEMANDED
Joseph Caines, Esq. Law Offices of Joseph Caines, P.C. St. Thomas, USVI for Plaintiff Leslie Lambertis
Gregg R. Kronenberger, Esq. Charles E. Lockwood, Esq. Dudley Newman Feuerzeig, LLP St. Croix, USVI for Defendant Starfish Market, Corp.
ORDER
ROBERT A. MOLLOY, Chief Judge
THIS MATTER comes before the Court on Defendant's motion to dismiss Counts II, III, IV, and V of the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, filed on July 1, 2021. (ECF No. 7.) For the reasons stated in the accompanying Memorandum Opinion of even date, it is hereby
Defendant Starfish Market filed a virtually identical “corrected” motion to dismiss on July 16, 2021, to correct the title of the motion. See ECF No. 9.
ORDERED that Defendant's motions to dismiss for failure to state a claim, ECF Nos. 7 and 9, are GRANTED; it is further
ORDERED that Counts II, III, IV, and V of the Complaint are DISMISSED WITHOUT PREJUDICE; it is further
ORDERED that Plaintiff shall be permitted leave to file an amended complaint in order to cure the deficiencies in the original complaint; it is further
ORDERED that Plaintiff shall, within twenty-one (21) days of date of entry of this Order, file an Amended Complaint. Failure to file an Amended Complaint shall result in the aforementioned counts being dismissed with prejudice; it is further
ORDERED that Defendant shall, within fourteen (14) days of service and filing of the Amended Complaint, file a responsive pleading.
DONE AND SO ORDERED.