Tymoshenko et al v. Firtash et al
| Yulia Tymoshenko and John Does 1 through10 |
| Dmytro Firtash, Rosukrenergo AG (RUE) and John Does 1 through 100 |
| 1:2011cv02794 |
| April 26, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Richard J. Sullivan |
| Other Statutory Actions |
| 28 U.S.C. ยง 1346 Tort Claim |
| Plaintiff |
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Filing
131
OPINION AND ORDER: Given that this is now Plaintiffs' fourth unsuccessful attempt to plead RICO claims, and given that the changes in the TAC fail to remedy the deficiencies found in the SAC, the Court declines to grant Plaintiffs yet another opportunity to amend their pleadings. When further amendment is likely to be futile, leave to amend need not be granted. See De Jesus v. Sears, Roebuck & Co., 87 F.3d 65, 72 (2d Cir. 1996) ("Plaintiffs were accorded four opportunities to plead their claims in this case, and the deficiencies in their federal claims are fundamental. The district court did not abuse its discretion by refusing them a fifth opportunity." (internal citations omitted)); see also Ruffolo v. Oppe nheimer & Co., 987 F.2d 129, 131; BNP Paribas Mortgage Corp. v. Bank of Am., N.A., No. 09 Civ. 9783, 2013 WL 6484727, at 6* (S.D.N.Y. Dec. 9, 2013) (Sweet, J.). The changes from the SAC to the TAC are largely superficial or irrelevant and have not remedied the fundamental defects identified by this Court in Tymoshenko II. For the foregoing reasons, the TAC is dismissed with prejudice. The Clerk of Court is directed to close this case. (As further set forth in this Order) (Signed by Judge Kimba M. Wood on 9/18/2015) (kl) Modified on 9/18/2015 (kl).
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Filing
118
OPINION AND ORDER re: 92 MOTION to Dismiss Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b) filed by Vulcan Properties, Inc., 88 MOTION to Dismiss the Second Amended Complaint filed by Brad S. Zackson, Paul J. Manafort, The Dynamic Group, Barbara Ann Holdings LLC, CMZ Ventures, LLC: For the reasons further set forth below, the Court GRANTS the motions to dismiss the SAC, but with leave for Plaintiffs to amend. The Court now grants leave to amend the SAC so that Plaintiffs may reconsider their pleadings in light of European Community's holding. This Opinion and Order resolves Docket entries 88 and 92. (Signed by Judge Kimba M. Wood on 9/30/2014) (tn)
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Filing
85
OPINION & ORDER re: 66 MOTION to Dismiss for Lack of Jurisdiction and For Failure to State a Claim filed by Nadra Bank. For the foregoing reasons, Nadra Bank's motion to dismiss Plaintiffs' Amended Complaint is GRANTED, with prejudice as to Plaintiffs' ATS claim and without prejudice with respect to Plaintiffs' RICO claim. This Opinion resolves Docket Entry 66. (Signed by Judge Kimba M. Wood on 8/28/2013) (lmb)
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Filing
79
OPINION & ORDER: The Court GRANTS Defendant RUE's motion to dismiss Plaintiffs' claims for lack of personal jurisdiction. [Dkt. No. 56]. Plaintiffs' claims are dismissed without prejudice. (Signed by Judge Kimba M. Wood on 3/26/2013) (ft)
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Filing
78
OPINION & ORDER: The U.S. Defendants motion to dismiss is GRANTED without prejudice. This Opinion resolves Docket Entries 44 and 50. (Signed by Judge Kimba M. Wood on 3/26/2013) (ft)
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