Taormina v. Thrifty Car Rental et al
| Joseph Taormina |
| Thrifty Car Rental and The Hertz Corporation |
| 1:2016cv03255 |
| May 2, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Valerie E. Caproni |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
53
OPINION & ORDER re: 14 MOTION to Dismiss Pursuant to Rules 12(b)(2) and 12(b)(6) of the Federal Rules of Civil Procedure. filed by The Hertz Corporation.For the foregoing reasons, this Court GRANTS Hertz's motion to dismiss the defamation claim for lack of personal jurisdiction, or in the alternative, for failure to state a claim. Because the defamation claim is dismissed, the Court DENIES Taormina's request for a mandatory injunction, which Taormina claimed as a re medy for the defamation claim. This Court GRANTS Hertz's motion to dismiss the breach of contract claim for lack of personal jurisdiction. Although, generally, leave to amend should be 'freely give[n]," see Fed. R. Civ. P. 15(a), &q uot;leave to amend a complaint may be denied when amendment would be futile." Nielsen v. Rabin, 746 F.3d 58, 62 (2d Cir. 2014) (citation omitted). In this case, the Court has considered all of the "facts" the Plaintiff has asserted, including those inappropriately raised for the first time in its briefing, to determine whether personal jurisdiction exists. Because the Plaintiff has not demonstrated personal jurisdiction, leave to amend would be futile. The Clerk of Court is respectfully directed to close Docket Entry No. 14. (Signed by Judge Valerie E. Caproni on 12/21/2016) (kgo)
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