American E Group LLC v. LiveWire Ergogenics Inc.

Opinion

USDC SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ DATE FILED:_{/24]a030_ AMERICAN E GROUP LLC, a ge □□□ Plaintiff, -against- 18 CIVIL 3969 (GHW) JUDGMENT LIVEWIRE ERGOGENICS INC., Defendants. penne eee nee eee eee een eemnenen X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 28, 2020, Livewire's motion to dismiss is GRANTED because the Note is unenforceable and AEG is not entitled to equitable relief. The Court denies AEG leave to replead because any attempt to replead the claims asserted in the SAC would be futile. See Advanced Magnetics, Inc. v. Bayfront Partners,Inc., 106 F.3d 11, 18 (2d Cir. 1997) (noting that leave to amend need not be granted where the proposed amendment would be futile). Accordingly, all claims in the SAC are dismissed with prejudice. Dated: New York, New York January 29, 2020

RUBY J. KRAJICK Clerk of Court BY: Deputy Clerk