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Contract: Other | New York Southern
Order
CLERK'S JUDGMENT re: 24 Memorandum & Opinion in favor of Relentless Consulting Inc, W Entertainment, Juan Toro, Juan Luis Moreno Luna against Victor Ormeno. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the C ourt's Opinion and Order dated January 11, 2022, defendants' motion to dismiss is GRANTED with prejudice. See Jordan v. Chase Manhattan Bank, 91 F. Supp. 3d 491, 510 (S.D.N.Y. 2015) ("Granting leave to amend is 'futile' if a revised claim still 'could not withstand a motion to dismiss pursuant to Rule 12(b)(6).'") (quoting Dougherty v. Town of N. Hempstead Bd. of Zoning Appeals, 282 F.3d 83, 88 (2d Cir. 2002)); Cortese v. Skanska Koch, Inc., 2021 WL 429971, at *18 (S.D.N.Y. Feb. 8, 2021) (holding that complaint should be dismissed with prejudice where plaintiff's claims are clearly time-barred; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/11/2022) (Attachments: # 1 Right to Appeal) (km)
OPINION AND ORDER re: 15 MOTION to Dismiss filed by W Entertainment, Juan Luis Moreno Luna. The motion to dismiss is GRANTED with prejudice. See Jordan v. Chase Manhattan Bank, 91 F. Supp. 3d 491, 510 (S.D.N.Y. 2015) ("Gran ting leave to amend is 'futile' if a revised claim still 'could not withstand a motion to dismiss pursuant to Rule 12(b)(6).'") (quoting Dougherty v. Town of N. Hempstead Bd. of Zoning Appeals, 282 F.3d 83, 88 (2d Cir. 2 002)); Cortese v. Skanska Koch, Inc., 2021 WL 429971, at *18 (S.D.N.Y. Feb. 8, 2021) (holding that complaint should be dismissed with prejudice where plaintiff's claims are clearly time-barred). The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/11/2022) (vfr) Transmission to Orders and Judgments Clerk for processing.
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