Avillan v. Brennan

Avillan v. Brennan

Plaintiff:	Anibal Avillan
Defendant:	Megan J. Brennan
Case Number:	1:2016cv05611
Filed:	July 14, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Ronald L. Ellis
Presiding Judge:	Analisa Torres
Nature of Suit:	Fair Labor Standards Act
Cause of Action:	42 U.S.C. § 2000
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 28, 2018	Filing 31 MEMORANDUM OPINION &ORDER re: 22 MOTION to Dismiss the Amended Complaint. filed by Megan J. Brennan. Now before the Court is Defendant's motion to dismiss Avillan's amended complaint in its entirety pursuant to Federal Rule of Civil Procedure 12(b)(6). (As further set forth in this Order.) For the reasons stated above, Defendant's motion to dismiss is GRANTED. This resolves the motion at Docket No. 22. Avillan has already had the opportunity to amend his complaint to address the pleading deficiencies identified by the Court in the prior opinion, but has been unable to do so. Further leave to amend may properly be denied if such amendment would be futile. See Ruotolo v. City of New York, 514 F.3d 184, 191 ( 2d Cir. 2008). This action is therefore dismissed with prejudice, and the Clerk of Court is respectfully directed to terminate the case. The Court also finds pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be take n in good faith. Coppedge v. United States, 369 U.S. 438,445 (1962). A copy of this Memorandum Opinion and Order will be mailed to the pro se party by Chambers ad its mailing will be noted on the docket. (Signed by Judge Alison J. Nathan on 9/28/2018) Copies Will Be Mailed By Chambers. (cf) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

September 28, 2018

Filing 31 MEMORANDUM OPINION &ORDER re: 22 MOTION to Dismiss the Amended Complaint. filed by Megan J. Brennan. Now before the Court is Defendant's motion to dismiss Avillan's amended complaint in its entirety pursuant to Federal Rule of Civil Procedure 12(b)(6). (As further set forth in this Order.) For the reasons stated above, Defendant's motion to dismiss is GRANTED. This resolves the motion at Docket No. 22. Avillan has already had the opportunity to amend his complaint to address the pleading deficiencies identified by the Court in the prior opinion, but has been unable to do so. Further leave to amend may properly be denied if such amendment would be futile. See Ruotolo v. City of New York, 514 F.3d 184, 191 ( 2d Cir. 2008). This action is therefore dismissed with prejudice, and the Clerk of Court is respectfully directed to terminate the case. The Court also finds pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be take n in good faith. Coppedge v. United States, 369 U.S. 438,445 (1962). A copy of this Memorandum Opinion and Order will be mailed to the pro se party by Chambers ad its mailing will be noted on the docket. (Signed by Judge Alison J. Nathan on 9/28/2018) Copies Will Be Mailed By Chambers. (cf) Transmission to Orders and Judgments Clerk for processing.

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Plaintiff: Anibal Avillan
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Defendant: Megan J. Brennan
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