Soto v. Disney Severance Pay Plan

• Court: District Court, S.D. New York
• Decided: November 9, 2020
• Docket: 1:19-cv-04048
• Status: Unknown

Opinion

USDC SDNY DOCUMENT - > □□ □ UNITED STATES DISTRICT COURT ELECTRONICALLY § ILFO SOUTHERN DISTRICT OF NEW YORK ar #: Nancy J. Soto, ul ee FILED: lo Plaintiff, -against- 19 CIVIL 4048 (AJN) JUDGMENT Disney Severance Pay Plan, et al., Defendants. ne eee nn nnn enn eX It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated November 9, 2020, Defendants’ motion to dismiss is GRANTED. Additionally, Plaintiff seeks leave to amend her complaint. See Pl. Br. at 23 ("[S]hould [Disney's] Motion be granted in whole or in part, Plaintiff should be granted leave to amend."). The Court declined to afford Plaintiff a second opportunity to amend her complaint. Soto has already been provided one opportunity to amend her pleading, and given Plaintiff's allegation that she has not satisfied one of the Plan's requirements for eligibility, Compl. paragraph 25, any further amendment would be futile. See Nielsen v. Rabin, 746 F.3d 58, 62 (2d Cir. 2014); Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (affirming denial of leave to amend on futility grounds where the plaintiff "has suggested no new material she wishes to plead" and"[t]he problem...is substantive"); accordingly, this case is closed. Dated: New York, New York November 9, 2020

RUBY J. KRAJICK Clerk of Court BY: _ aMLaAnge _ Deputy Clerk