Croft Irrevocable Trust v. AXA Equitable Life Insurance Company
| Croft Irrevocable Trust |
| AXA Equitable Life Insurance Company |
| 1:2017cv09355 |
| November 29, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jesse M. Furman |
| Insurance |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
113
OPINION AND ORDER re: 45 MOTION to Dismiss. filed by AXA Equitable Life Insurance Company. For the foregoing reasons, AXA's motion to dismiss is GRANTED except to the extent it seeks dismissal of Plaintiffs' rescission cl aim. Plaintiffs do not request leave to amend, and the Court declines to grant it sua sponte. See, e.g., Ritchie Capital Mgmt., LLC v. Gen. Elec. Capital Corp., 821 F.3d 349, 351-52 (per curiam) (2d Cir. 2016) (holding that it was not an abuse of d iscretion to deny the plaintiffs an opportunity to amend their complaint where they "did not ask the district court for leave to amend"). For one thing, a district court may deny leave to amend when, as here, amendment would be futile bec ause the problems with a plaintiff's claims are "substantive" and "better pleading will not cure" them. Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). For another, Plaintiffs were already granted leave to amend their complaint to cure deficiencies raised in AXA's first motion to dismiss and were explicitly cautioned that they "w[ould] not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss." ( Docket No. 31). Unless the Court orders otherwise, AXA shall file an answer with respect to the surviving claims within three weeks of this Opinion and Order. The Clerk of Court is directed to terminate Docket No. 45. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/22/2018) (ne)
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