Myers Industries, Inc. et al v. Schoeller Arca Systems, Inc. et al
| Myers Industries, Inc. and Buckhorn, Inc. |
| Schoeller Arca Systems, Inc. and Schoeller Arca Systems N.V. |
| 1:2014cv07051 |
| August 29, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| John F. Keenan |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
40
MEMORANDUM OPINION & ORDER re: 35 MOTION to Dismiss filed by Schoeller Arca Systems, Inc., Schoeller Arca Systems N.V.: For the foregoing reasons, the Defendants' motion to dismiss the Plaintiffs' FAC is GRANTED as to the Plaintiffs' causes of action for fraudulent inducement, breach of the patent license agreement, breach of the asset purchase agreement, breach of guaranty, and unjust enrichment. The Defendants' motion to dismiss is DENIED as to the Plaintiffs' cause of action for declaratory judgment. Ordinarily, dismissal under Federal Rule of Civil Procedure 12(b) is without prejudice. The Court finds, however, that amendment of the fraudulent inducement, breach of the patent license agreement, and breach of the asset purchase agreement claims would be futile because these claims are time-barred. The Court also finds that amendment of the unjust enrichment and breach of guaranty claims would be futile because these claims are su bstantively defective. Accordingly, these causes of action are DISMISSED WITH PREJUDICE. See Van Buskirk v. N.Y. Times Co., 325 F. 3d 87, 92 (2d Cir. 2003); Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). Counsel are directed to appear in Courtr oom 20-C on Thursday, April 21, 2016, at 11:15 a.m. for a conference to discuss the case management plan and scheduling order and specifically, whether the Court should order a speedy hearing of the declaratory judgment action in accordance with Federal Rule of Civil Procedure 57. (Signed by Judge John F. Keenan on 3/21/2016) (tn)
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