Dumontet v. UBS Financial Services, Inc.

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT Noe □□ FILED SOUTHERN DISTRICT OF NEW YORK x DATE FILED: 4/23/2024 CHRISTIAN DUMONTET, individually and on : behalf of all those similarly situated, : : 1:21-cv-10361-GHW Plaintiff, : : ORDER -v- : UBS FINANCIAL SERVICES, INC,, ef a/, : Defendants. :

one KX GREGORY H. WOODS, United States District Judge: On March 29, 2024, the Court issued an order (the “March 29 Order’) granting Defendants’ motion to dismiss Plaintiff's Amended Complaint and dismissing Plaintiffs claims without prejudice, on the basis that Plaintiff's claims were barred by the Securities Litigation Uniform Standards Act (“SLUSA”). Dkt. No. 66. The Court granted Plaintiff leave to amend the Amended Complaint within 21 days of the March 29 Order. Id. at 21. As of the date of this order, Plaintiff has not filed an amended complaint. Accordingly, Plaintiffs claims are dismissed without prejudice. See In re Kingate Mgmt. Lid. Litig., 784 F.3d 128, 135 n. 9 (2d Cir. 2015) (fA dismissal under SLUSA would not be with prejudice, barring a plaintiff from filing a new, non-covered action asserting the same claims against the same defendants.”’). The Clerk of Court is directed to enter judgment for Defendants and close this case. SO ORDERED. Dated: April 23, 2024 New York, New York Ae, A GREGORYSI. WOODS United States District Judge