BOYKO v. AMERICAN INTERNATIONAL GROUP, INC. et al

Filing 43

ORDER granting in part and denying in part 22 Motion to Dismiss ; granting in part and denying in part 23 Motion to Dismiss, etc. ORDERED that Pltf is GRANTED leave to amend the NJ Truth-in-Consumer Contract, Warranty & Notice Act claim within 10 days. Signed by Judge Robert B. Kugler on 12/23/2009. (drw, )

NOT FOR PUBLICATION

(Docket Nos. 22 & 23)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE ____________________________________ : VICTOR BOYKO, individually : and on behalf of all others : similarly situated, : : Plaintiff, : Civil No. 08-2214 (RBK/JS) : v. : ORDER : AMERICAN INTERNATIONAL : GROUP, INC., et al., : : Defendants. : ____________________________________: THIS MATTER having come before the Court upon two motions, one by Defendants American International Group, Inc. and one by American International Insurance Company of New Jersey, Inc. and AIG Marketing, Inc. (collectively, "AIG Defendants") to dismiss in part the Amended Complaint of Plaintiff Victor Boyko ("Plaintiff"), or in the alternative, to strike paragraphs 41 and 47 of the Amended Complaint; and the Court having considered the party's papers; and for the reasons expressed in an Opinion issued today; IT IS HEREBY ORDERED that the AIG Defendants' motions to dismiss Count II (intentional misrepresentation claim) are GRANTED; and IT IS FURTHER ORDERED that American International Group, Inc.'s motion to dismiss Count IV (breach of duty of good faith and fair dealing claim); Count V (unjust enrichment claim), and Count VIII (New Jersey Truth-in-Consumer Contract, Warranty and

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Notice Act claim) is GRANTED as to the claims brought against American International Group, Inc.; and IT IS FURTHER ORDERED that the AIG Defendants' motions to dismiss Count VII (New Jersey Consumer Fraud Act claim) are DENIED; and IT IS FURTHER ORDERED that American International Group, Inc.'s motion to dismiss Count III (negligence claim) and Count VI (New Jersey Consumer Fraud Act claim) is DENIED; and IT IS FURTHER ORDERED that the AIG Defendants' motions to strike paragraph 47 are GRANTED; and IT IS FURTHER ORDERED that the AIG Defendants' motions to strike paragraph 41 are DENIED; and IT IS FURTHER ORDERED that Plaintiff is GRANTED leave to amend within 10 days of this Order the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act claim.1

Dated: 12-23-2009

/s/ Robert B. Kugler ROBERT B. KUGLER United States District Judge

Such amendment may not restate the matters previously alleged in paragraph 47 and must otherwise comport with the terms of the accompanying Opinion. 2

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