Legal Opinion

Cargo Partner AG v. Albatrans Inc.

District Court, S.D. New York

Decided March 13, 2002No. 01CIV.2609(DAB)(DFE)PublishedCited by 37 opinions

1Opinion of the Court

ADOPTION OF REPORT AND RECOMMENDATION

BATTS, District Judge.

•On November 21, 2001, Magistrate Judge Douglas F. Eaton issued a Report and Recommendation recommending that this Court grant the Albatrans, Inc. (“Al-batrans” or “Defendant”) Motion to Dismiss Counts I-VI of the Plaintiffs Complaint. See 28 U.S.C. § 636(b)(1)(C). With respect to these Counts Magistrate Judge Eaton noted that the Plaintiff could, without applying for leave of court, amend its Complaint as a matter of course. See Report at page 91, n. 3 (explaining that a motion to dismiss is not a responsive pleading pursuant to Rule…

2Cases cited95 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Thomas v. ArnSupreme Court of the United States · 1986
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
  5. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994

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3Cited by37 opinions

  1. Cargo Partner Ag v. Albatrans, Inc. And Chase, Leavitt (Customhouse Brokers) Inc.Court of Appeals for the Second Circuit · 2003
  2. United States v. General Battery Corporation, Inc., Exide Corporation Exide CorporationCourt of Appeals for the Third Circuit · 2005
  3. Feld Entertainment, Inc. v. American Society for the Prevention of Cruelty to AnimalsDistrict Court, District of Columbia · 2012
  4. Hughes v. BCI International Holdings, Inc.District Court, S.D. New York · 2006
  5. Mukamal v. BMO Harris Bank N.A. (In re Palm Beach Finance Partners, L.P.)United States Bankruptcy Court, S.D. Florida. · 2013

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

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