DeRaffele v. Williams and Williams

S.D. New York

DeRaffele v. Williams and Williams

District Court, S.D. New York·Decided February 16, 2023·No. 7:21-cv-06033·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee eK JOHN DERAFFELE, Plaintiff, -against- 21 CIVIL 06033 (PMH) JUDGMENT WILLIAMS AND WILLIAMS, AUCTION NETWORK, JENNIFER BENNETT, JOHN HEILIGER, and WILLIAMS AND WILLIAMS MARKETING SERVICES, INC., Defendant. wenn K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated February 16, 2023, Defendants’ motion to dismiss pursuant to Rule 12(b)(6) is GRANTED. While "[d]istrict courts should frequently provide leave to amend before dismissing a pro se complaint... leave to amend is not necessary when it would be futile." Reed v. Friedman Met. Corp., 541 F. App'x 40, 41 (2d Cir. 2013) (citing Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000)). Here, Plaintiff has already amended his complaint once and any further amendment would be futile. Accordingly, Plaintiff's Amended Complaint is dismissed with prejudice; accordingly, the case is closed. Dated: New York, New York February 16, 2023 RUBY J. KRAJICK

Clerk of Court

BY: Deputy Clerk

Free access — add to your briefcase to read the full text and ask questions with AI

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee eK JOHN DERAFFELE, Plaintiff, -against- 21 CIVIL 06033 (PMH) JUDGMENT WILLIAMS AND WILLIAMS, AUCTION NETWORK, JENNIFER BENNETT, JOHN HEILIGER, and WILLIAMS AND WILLIAMS MARKETING SERVICES, INC., Defendant. wenn K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated February 16, 2023, Defendants’ motion to dismiss pursuant to Rule 12(b)(6) is GRANTED. While "[d]istrict courts should frequently provide leave to amend before dismissing a pro se complaint... leave to amend is not necessary when it would be futile." Reed v. Friedman Met. Corp., 541 F. App'x 40, 41 (2d Cir. 2013) (citing Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000)). Here, Plaintiff has already amended his complaint once and any further amendment would be futile. Accordingly, Plaintiff's Amended Complaint is dismissed with prejudice; accordingly, the case is closed. Dated: New York, New York February 16, 2023 RUBY J. KRAJICK

Clerk of Court

BY: Deputy Clerk

DeRaffele v. Williams and Williams, (S.D.N.Y. 2023).

Pincite

DeRaffele v. Williams and Williams (DeRaffele v. Williams and Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related