Obal v. Deutsche Bank National Trust Company et al
| David Obal |
| Deutsche Bank National Trust Company, Certificate Holders of the Morgan Stanley Mortgage Loan Trust 2004-9, Morgan Stanley Capital I Inc., Internal Revenue Service, Roes 1-10 and Does 1-10 |
| 1:2014cv02463 |
| April 8, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Robert W. Sweet |
| All Other Real Property |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
44
OPINION re: 37 MOTION for Reconsideration re; 36 Memorandum & Opinion, filed by David Obal. Based on the conclusion set forth above, Plaintiff's motion is denied and the case remains closed. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 6/25/2015) (spo)
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Filing
36
OPINION re: 13 MOTION to Dismiss Plaintiff's Verified Amended Complaint. filed by Deutsche Bank National Trust Company, 27 MOTION to Dismiss the Amended Complaint. MOTION to Transfer Case to the District of Ne vada. filed by Mortage Electronic Registration Registration Systems, Inc. Based on the conclusion set forth above, Defendants' motions are granted, and the AC is dismissed with prejudice. The Plaintiff has already filed one amended compla int and has not dealt with controlling Second Circuit authority. Additional pleading will not cure the lack of standing and injury. This conclusion is unaltered by the filed Second Amended Complaint. Despite his pro se status, further leave to amend is denied. See Port Dock & Stone Corp. v. Oldcastle Ne., Inc., 507 F.3d 117, 127 (2d Cir. 2007) (declining to remand with leave to replead where repleading would be futile); Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) ("The problem with [pro se plaintiff's] causes of action is substantive; better pleading will not cure it. Repleading would thus be futile. Such a futile request to replead should be denied.") (citation omitted). It is so ordered. (Signed by Judge Robert W. Sweet on 2/13/2015) (ajs)
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