In Re Arby's Restaurant Group, Inc. Litigation

ORDER re Arbys (57) Motion to Dismiss the Financial Institution Plaintiffs Consolidated Amended Complaint in 1:17-cv-0514-AT and again in 1:17-mi-55555-AT at Doc. 178; and Arbys (52) Motion to Dismiss the Consumer Plaintiffs Consolidated Amended Complaint in 1:17-cv-1035-AT and again in 1:17-mi-55555-AT at Doc. 217. For the foregoing reasons, the Court DENIES Arbys Motion to Dismiss the Financial Institution Plaintiffs Consolidated Complaint [Docs. 57, 178] and GRANTS IN PART and DENIES IN PART Arbys Motion to Dismiss the Consumer Plaintiffs Consolidated Complaint [Docs.52, 217]. Accordingly, the Court GRANTS Arbys Motion to Dismiss the Consumer Plaintiffs claim for violation of the GFBPA and Count VII for Violations of State Consumer Laws. These claims are hereby DISMISSED WITHOUT PREJUDICE and the Plaintiffs are GRANTED LEAVE TO AMEND to replead these claims WITHIN 14 DAYS of the date of this Order. Discovery shall proceed upon entry of this Order and will not be stayed pending the Plaintiffs filing of the repleaded claims. The Parties are DIRECTED to confer about an agenda for the March 7, 2018 status conference in light of this Order and notify the Court whether they seek a brief delay in the commencement time of the 10:30 AM status conference that morning to allow additional time to confer in person prior to the start of the conference. If the Parties have a topical agenda, they are DIRECTED to provide one as soon as possible to the Court. Signed by Judge Amy Totenberg on 3/5/2018. (Associated Cases: 1:17-mi-55555-AT, 1:17-cv-00514-AT, 1:17-cv-01035-AT)

Northern District of Georgia, gand-1:2017-mi-55555

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