Owen v. Podlaski et al
| Mark Owen and Matthew Bissonnette |
| Kevin Podlaski and Carson Boxberger, LLP |
| 1:2014cv08810 |
| November 5, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jesse M. Furman |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
57
OPINION AND ORDER re: 36 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Kevin Podlaski, Carson Boxberger, LLP: For the foregoing reasons, the Complaint is dismissed for lack of personal jurisdiction. Altho ugh Plaintiff, in passing, requests leave to amend his Complaint (Pl.s Mem. 25), the Court denies the request. It is "within the sound discretion of the district court to grant or deny leave to amend," McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir. 2007), and a district court may deny leave to amend when, as here, amendment would be futile because the problem with the claim "is substantive... [and] better pleading will not cure it," Cuoco v. Moritsugu, 2 22 F.3d 99, 112 (2d Cir. 2000). Further, Plaintiff was previously granted leave to amend to cure deficiencies raised in Defendant's motion to dismiss, and was explicitly cautioned that he "w[ould] not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss." (Docket No. 24). What is more, Plaintiff has not "given any indication that he is in possession of facts that would cure the problems" identified above. Clark v. Kitt, No. 12-CV-8061 (CS), 2014 WL 4054284, at *15 (S.D.N.Y. Aug. 15, 2014). The Clerk of Court is directed to terminate Docket No. 36 and to close the case. (Signed by Judge Jesse M. Furman on 10/7/2015) (tn) Modified on 10/7/2015 (tn).
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