Millette v. DEK Technologies,Inc. et al
Filing 127
ORDER granting 72 Motion to Dismiss; denying as moot 90 Motion to Dismiss; granting 91 Motion to Dismiss; granting 92 Motion to Dismiss. Pursuant to Rule 12(b)(6)of the Federal Rules of Civil Procedure, Plaintiff failed to state a cause of a ction for federal RICO violations alleged in Counts I - III. Therefore, Counts I, II and III are DISMISSED WITH PREJUDICE. Counts IV, V, VI, VII, VIII, IX and X allege state law causes of action for which the Court declines to exercise supplemental jurisdiction pursuant to 28 U.S.C. §1367(c)(3). These Counts are DISMISSED WITHOUT PREJUDICE. By no later than December 15, 2008, Plaintiff shall respond to Webster Bank's oral argument that her Motion for Leave to File Second Amended Complaint 120 should be denied as futile in light of Green v. RBS Nat. Bank, 288 Fed. Appx. 641 (11th Cir. August 4, 2008).Please see Order for details. Signed by Judge James I. Cohn on 11/25/2008. (lc3)
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