Tapinekis v. Pace University

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK none KX ELIZABETH TAPINEKIS, individually and on behalf of others similarly situated, Plaintiff, -against- 20 CIVIL 3210 (JMF) JUDGMENT PACE UNIVERSITY, Defendant. wane It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated April 11, 2022, Tapinekis’s claims must be and are dismissed prejudice for lack of subject-matter jurisdiction. See, e.g., Hernandez v. Conriv Realty Assocs., 182 F.3d 121, 123 (2d Cir. 1999) (“Article II deprives federal courts of the power to dismiss a case with prejudice federal subject matter jurisdiction does not exist.”). Moreover, although leave to amend should be freely given “when justice so requires,” Fed. R. Civ. P. 15(a)(2), it is “within the sound discretion of the district court grant or deny leave to amend,” Broidy Cap. Mgmt. LLC v. Benomar, 944 F.3d 436, 447 (2d Cir. 2019) (internal quotation marks omitted). Here, the complaint has already been twice amended and Tapinekis is “unable to demonstrate that [s]he would be able to amend h[er] complaint in a manner which would survive dismissal” again; accordingly, the case is closed. Dated: New York, New York April 12, 2022 RUBY J. KRAJICK Clerk of Court BY: Mango Deputy Clerk