Micheli & Shel, LLC v. Grubhub Inc.

S.D. New York

Micheli & Shel, LLC v. Grubhub Inc.

DecidedMarch 7, 2023

Docket1:21-cv-04995

StatusUnknown

This text of Micheli & Shel, LLC v. Grubhub Inc. (Micheli & Shel, LLC v. Grubhub Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Micheli & Shel, LLC v. Grubhub Inc., (S.D.N.Y. 2023).

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Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MICHELI & SHEL, LLC, individually and on behalf of others similarly situated, Plaintiff, -against- 21 CIVIL 4995 (JMF) RULE 54(b) JUDGMENT GRUBHUB INC, et al..

Defendants. wane It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated March 7, 2023, Postmates's motion for judgment on the must be and is GRANTED and Micheli's claims against Postmates are DISMISSED. The Court has declined Micheli's request for leave to amend the Complaint, as the defects in its claims are substantive and insurmountable and, thus, any amendment would be futile. See, e.g., Roundtree v. New York City, No. 19-CV- 2475 (JMF), 2021 WL 1667193, at *6 (S.D.N.Y. Apr. 28, 2021) (denying leave to amend where the plaintiff's claims failed as a matter of law, and citing cases). Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Court finds that there is no just reason to delay entry of final judgment in Postmates's favor until conclusion of the arbitration proceedings against the other Defendants. Judgment is entered in Postmates's favor consistent with the Memorandum Opinion and Order. Because there is no reason to keep the case open completion of the arbitration, the case is administratively closed without prejudice to any party moving letter motion to reopen the case within thirty days of the conclusion of the arbitration proceedings. Dated: New York, New York March 7, 2023 RUBY J. KRAJICK

Clerkof Court BY: K MANGO Deputy Clerk

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MICHELI & SHEL, LLC, individually and on behalf of others similarly situated, Plaintiff, -against- 21 CIVIL 4995 (JMF) RULE 54(b) JUDGMENT GRUBHUB INC, et al..

Defendants. wane It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated March 7, 2023, Postmates's motion for judgment on the must be and is GRANTED and Micheli's claims against Postmates are DISMISSED. The Court has declined Micheli's request for leave to amend the Complaint, as the defects in its claims are substantive and insurmountable and, thus, any amendment would be futile. See, e.g., Roundtree v. New York City, No. 19-CV- 2475 (JMF), 2021 WL 1667193, at *6 (S.D.N.Y. Apr. 28, 2021) (denying leave to amend where the plaintiff's claims failed as a matter of law, and citing cases). Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Court finds that there is no just reason to delay entry of final judgment in Postmates's favor until conclusion of the arbitration proceedings against the other Defendants. Judgment is entered in Postmates's favor consistent with the Memorandum Opinion and Order. Because there is no reason to keep the case open completion of the arbitration, the case is administratively closed without prejudice to any party moving letter motion to reopen the case within thirty days of the conclusion of the arbitration proceedings. Dated: New York, New York March 7, 2023 RUBY J. KRAJICK

Clerkof Court BY: K MANGO Deputy Clerk

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Micheli & Shel, LLC v. Grubhub Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/micheli-shel-llc-v-grubhub-inc-nysd-2023.