Garcia v. 2390 C LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ERNESTO GARCIA, individually and on behalf of others similarly situated, Plaintiff, 23 CIVIL 1129 (NSR) against: JUDGMENT 2390 C LLC AND DENALI MANAGEMENT INC., Defendants.

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated May 27, 2026, the Court GRANTS Defendants’ motion to dismiss and dismisses Plaintiff's FLSA and NYLL claims. After five opportunities to cure the deficiencies in the complaint, the Court finds that further amendment would be futile, and Plaintiffs FLSA claims are dismissed with prejudice. See Sodhi v. Mercedes Benz Fin. Servs., USA, LLC, 957 F. Supp. 2d 252, 255 (E.D.N.Y. 2013) ("[I]t is well established that leave to amend a complaint need not be granted when amendment would be futile.") (citing Ellis v. Chao, 336 F.3d 114, 127 (2d Cir. 2003)). Plaintiff's NYLL claims are dismissed without prejudice for Plaintiff to pursue in state court if he wishes; accordingly, the case 1s closed. Dated: New York, New York May 27, 2026 TAMMI M. HELLWIG ClerkofCourt

BY: ER dDeputyClerk