Horowitz v. Spark Energy, Inc.

S.D. New York

Horowitz v. Spark Energy, Inc.

DecidedFebruary 21, 2020

Docket1:19-cv-07534

StatusUnknown

This text of Horowitz v. Spark Energy, Inc. (Horowitz v. Spark Energy, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Horowitz v. Spark Energy, Inc., (S.D.N.Y. 2020).

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Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SAUL HOROWITZ, Plaintiff, ORDER SPARK ENERGY, INC., et al., 19 Civ. 7534 (PGG) Defendants. PAUL G. GARDEPHE, U.S.D.J.: On July 3, 2019, Plaintiff commenced this action by filing a complaint in the Supreme Court of the State of New York, County of Rockland. (Cmplt. (Dkt. No. 1-1)) On

August 12, 2019, Defendants removed the case to this District. (Notice of Removal (Dkt. No. 1)) Through papers filed on August 19, 2019, Defendants moved to dismiss the complaint. (Dkt. No. 16) By letter dated October 8, 2019 (Dkt. No. 27), Plaintiff sought leave to file an amended complaint. On October 23, 2019, Judge Deborah A. Batts – to whom this case was previously assigned – granted Plaintiff’s application, and Plaintiff filed an amended complaint one week later. (Am. Cmplt. (Dkt. No. 32)) On November 12, 2019, Defendants filed a motion to dismiss the amended complaint. (Dkt. No. 33) Because Plaintiff amended his complaint, Defendants’ motion to dismiss the initial complaint (Dkt. No. 16) is denied as moot. See, e.g., Effie Film, LLC v. Murphy, No. 11 CIV.783 (TPG), 2012 WL 716556, at *3 (S.D.N.Y. Mar. 6, 2012) (“In light of [plaintiff’s] . . .

amended complaint, . . . , [defendant’s] motion to dismiss the original complaint is denied as moot.”). The Clerk of Court is directed to terminate Dkt. No. 16. Dated: New York, New York February 21, 2020 SO ORDERED. aud 2 Anche Paul G. Gardephe United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SAUL HOROWITZ, Plaintiff, ORDER SPARK ENERGY, INC., et al., 19 Civ. 7534 (PGG) Defendants. PAUL G. GARDEPHE, U.S.D.J.: On July 3, 2019, Plaintiff commenced this action by filing a complaint in the Supreme Court of the State of New York, County of Rockland. (Cmplt. (Dkt. No. 1-1)) On

August 12, 2019, Defendants removed the case to this District. (Notice of Removal (Dkt. No. 1)) Through papers filed on August 19, 2019, Defendants moved to dismiss the complaint. (Dkt. No. 16) By letter dated October 8, 2019 (Dkt. No. 27), Plaintiff sought leave to file an amended complaint. On October 23, 2019, Judge Deborah A. Batts – to whom this case was previously assigned – granted Plaintiff’s application, and Plaintiff filed an amended complaint one week later. (Am. Cmplt. (Dkt. No. 32)) On November 12, 2019, Defendants filed a motion to dismiss the amended complaint. (Dkt. No. 33) Because Plaintiff amended his complaint, Defendants’ motion to dismiss the initial complaint (Dkt. No. 16) is denied as moot. See, e.g., Effie Film, LLC v. Murphy, No. 11 CIV.783 (TPG), 2012 WL 716556, at *3 (S.D.N.Y. Mar. 6, 2012) (“In light of [plaintiff’s] . . .

amended complaint, . . . , [defendant’s] motion to dismiss the original complaint is denied as moot.”). The Clerk of Court is directed to terminate Dkt. No. 16. Dated: New York, New York February 21, 2020 SO ORDERED. aud 2 Anche Paul G. Gardephe United States District Judge

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Horowitz v. Spark Energy, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/horowitz-v-spark-energy-inc-nysd-2020.