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`CO _ S723/r0a2-
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`UNITED STATES DISTRICT COURT
`SOUTHERNDISTRICT OF NEW YORK
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`CAITLIN PEYTON,individually and on
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`behalf of all others similarly situated,
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`Plaintiff,
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`Vv.
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`;
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`WALMART,INC.,
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`Defendant.
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`ORDER
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`21 CV 5880 (VB)
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`Defendant’s motion to dismiss the amended complaint pursuant to Rules 12(b)(1) and
`12(b)(6) (Doc. #16) is GRANTEDIN PART and DENIED IN PART. Plaintiff having withdrawn
`her claims for breach of implied warranty and for injunctive relief, those claims are dismissed.
`Plaintiff’s unjust enrichment claim is also dismissed. All other claims may proceed.
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`A case managementconference is scheduled for June 30, 2022, at 12:15 p.m., at which
`time the Court will issue a benchruling explaining the basis for its decision. The conference will
`also serve as an initial conference in this matter, for which the Court will separately issue a
`Notice of Initial Conference. The conference will take place at the United States Courthouse,
`Room 620, 300 Quarropas Street, White Plains, New York.
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`Defendant shall file its answer by June 6, 2022.
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`The Clerk is instructed to terminate the motion.
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`(Doc. #16).
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`Dated: May 23, 2022
`White Plains, NY
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`SO ORDERED:
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`Vu
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`Vincent L. Briccetti
`United States District Judge
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`Case 7:21-cv-05880-VB Document 23 Filed 05/23/22 Page 1 of 1
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