Aquino v. Sommer Maid Creamery, Inc.

MEMORANDUM and ORDER

SHAPIRO, District Judge.

Defendant Sommer Maid Creamery, Inc. (“Sommer Maid”) filed a motion to dismiss part of Count 1 and Counts 2 and 3 of plaintiffs’ second amended complaint; plaintiffs filed an answer and memorandum in opposition and asserting as “new matter” a request for reasonable attorneys’ fees expended in replying to the defendant’s motion. For the reasons stated below, defendant’s motion to dismiss Count 1 in part is denied; defendant’s motion to dismiss Count 2 is granted; defendant’s motion to dismiss Count 3 is denied in part and granted in part; plaintiffs’…