Khurana v. Wahed Invest, LLC et al
Filing 52
ORDER adopting 48 Report and Recommendations, 39 Motion to Dismiss filed by Wahed Inc., Wahed Invest, LLC, Junaid Wahedna. Magistrate Judge Barbara Moses has rendered a well considered report and recommendation in which she recommend s that defendants' motion to dismiss the second amended complaint (Dkt. 39) be granted in part and denied in part. Defendants' objections are little if anything more than repetitions of arguments soundly rejected in the report and re commendation. They are overruled. Accordingly, defendants' motion to dismiss the second amended complaint and for other relief (Dkt 39) is granted to the extent that (a) Count II is dismissed without prejudice to plaintiffs right to request (or defendants' right to oppose) the remedy of specific performance in connection with plaintiff's surviving contract claim, (b) Count III is dismissed with prejudice, and (c) paragraphs 26-28, and paragraph 47 on page 13 of the second amended complaint are stricken. (Signed by Judge Lewis A. Kaplan on 1/22/2020) (mro)
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