Feinberg v. Apple Inc.
||July 2, 2015
||US District Court for the Southern District of New York
||Foley Square Office
|Nature of Suit:
||Torts to Land
|Cause of Action:
||28 U.S.C. § 1441
|Jury Demanded By:
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|August 10, 2016
OPINION & ORDER re: 36 MOTION to Dismiss / Notice of Defendant's Motion to Dismiss the Second Amended Complaint. filed by Apple Inc. For the foregoing reasons, the Court concludes that Feinberg lacks standing to bring this act ion against Apple and that, in any event, his SAC fails to state a claim. Because further amendment would be futile, Apple's motion to dismiss the SAC is granted with prejudice. The Clerk of Court is respectfully directed to enter judgment in favor or Apple and close the case. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 8/10/2016) (cf)
|November 24, 2015
OPINION & ORDER: The Court is in receipt of the parties' letter briefing regarding Plaintiff's motion to amend his operative complaint, see Dkt. 22-26, as well as Plaintiff's proposed Second Amended Complaint, Dkt. 22. In light of "the lenient standard under Rule 15(a), which provides leave to amend 'shall be freely given,'" Grochowski v. Phoenix Const., 318 F.3d 80, 86 (2d Cir. 2003) (quoting Fed. R. Civ. P. 15(a)), Plaintiff's motion is granted. Plaintiff shall file on the electronic docket (ECF) the proposed Second Amended Complaint, which was attached to his September 16, 2015 letter, on or before December 1, 2015. No further amendments will be permitted. It is further ORDERED that de fendant shall have until January 5, 2016 to file a motion to dismiss the Second Amended Complaint as well as any motion to stay discovery pending the disposition of the motion to dismiss. Any opposition to the motion or motions shall be filed on or before January 19, 2016, and any reply on or before January 26, 2016. (Amended Pleadings due by 12/1/2015., Motions due by 1/5/2016., Responses due by 1/19/2016, Replies due by 1/26/2016.) (Signed by Judge Ronnie Abrams on 11/24/2015) (kl)
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