Legal Opinion

Guippone v. Bh S & B Holdings LLC

District Court, S.D. New York

Decided January 5, 2010No. 09 Civ. 1029 (CM)PublishedCited by 7 opinions

1Opinion of the Court

DECISION AND ORDER DISMISSING THE COMPLAINT WITHOUT PREJUDICE / AND SETTING A SCHEDULE FOR A NEW COMPLAINT

McMAHON, District Judge.

INTRODUCTION

The facts relevant to the pending motion to dismiss in this Worker Adjustment and Retraining Notification Act (“WARN Act”) case are as follows:

In August 2008, defendant BH S & B Holdings LLC purchased the assets of a corporation known as Steve & Barry’s Manhattan LLC (“Steve & Barry’s”) (Compl. ¶ 12) — whose business is not specified in the complaint, but who is identified in a brief as running a chain of discount fashion clothing stores — from its…

2Cases cited14 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Meson v. GATX Technology Services Corp.Court of Appeals for the Fourth Circuit · 2007
  4. International Oil, Chemical & Atomic Workers, Local 7-517, and International Oil, Chemical & Atomic Workers, International, Afl-Cio v. Uno-Ven CompanyCourt of Appeals for the Seventh Circuit · 1999
  5. Carles Joe Smullin v. Mity Enterprises, Inc. Do Group Holding, Inc.Court of Appeals for the Eighth Circuit · 2005

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3Cited by7 opinions

  1. McIntire v. China MediaExpress Holdings, Inc.District Court, S.D. New York · 2013
  2. Cohen v. Avanade, Inc.District Court, S.D. New York · 2012
  3. Guippone v. BH S & B Holdings LLCCourt of Appeals for the Second Circuit · 2013
  4. Chaney v. Vermont Bread CompanyDistrict Court, D. Vermont · 2024
  5. Guippone v. BH S&B Holdings LLCCourt of Appeals for the Second Circuit · 2013

2 more not listed; retrieve them via the Exa API.

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