Forte v. BNP Paribas and BNP Paribas et al
Sheldon Forte |
BNP Paribas and BNP Paribas and Corporate & Investment Banking |
1:2014cv08556 |
October 27, 2014 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
J. Paul Oetken |
Employee Retirement Income Security Act of 1974 |
28 U.S.C. ยง 1391 |
Plaintiff |
Available Case Documents
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Filing 22 OPINION AND ORDER re: 9 MOTION to Dismiss (PARTIALLY) Plaintiff's Complaint filed by BNP Paribas and BNP Paribas, Corporate & Investment Banking, 15 MOTION to Dismiss (PARTIALLY) PLAINTIFF'S AMENDED COMPLAINT [CORRECTING DE #14 PURSUANT TO CLERK'S MESSAGE] filed by BNP Paribas and BNP Paribas, Corporate & Investment Banking: For the foregoing reasons, Defendants' motion to dismiss Claims One, Two, and Three of the Amended Complain t is GRANTED. Defendants' previous motion to partially dismiss the Complaint is DENIED as moot. Plaintiff's motion for leave to amend is DENIED because amendment would be futile. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (ho lding that where the problem with a cause of action is "substantive" and "better pleading will not cure it," repleading should be denied as "futile"). All parties are ORDERED to submit affidavits to the Court on or before June 22, 2015 stating their citizenship for purposes of federal diversity jurisdiction. The Clerk of Court is directed to close the motions at Docket Numbers 9 and 15. (Signed by Judge J. Paul Oetken on 6/8/2015) (tn) |
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