Allison v. Clos-ette Too, L.L.C. et al

Filing 52

ORDER for 23 Motion to Amend/Correct filed by Claire Allison, 15 Motion to Dismiss filed by Melanie Charlton Fascitelli, Clos-ette Too, L.L.C., 17 Motion to Dismiss filed by Clos-ette, L.L.C., 43 Report and Recommendations. Plainti ff's motion for leave to amend the complaint (DI 23) is denied, and the defendants' motions to dismiss for failure to state a claim (DI 15, 17) are (1) granted to the extent of dismissing the plaintiff's common law claims for fraud and promissory estoppel against all three defendants; the claims for breach of contract and quasi-contract against Ms. Fascitelli and Clos-ette; the Fair Labor Standards Act and New York Labor Law claims against Clos-ette; and the New York Civil Rights Law privacy claim and (2) denied with respect to the plaintiff's Labor Law claims against C2 and Ms. Fascitelli and with respect as well as to the quasi-contract claim against C2 all substantially for the reasons set forth in the report and recommendation of Magistrate Judge James C. Francis IV to which no objections have been filed. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/7/2014) (ajs)