Schiro v. Cemex, S.A.B. de C.V. et ay
| Christopher Schiro |
| Cemex, S.A.B. de C.V., Fernando A. Gonzalez Olivieri and Jose Antonio Gonzalez Flores |
| 1:2018cv02352 |
| March 16, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Valerie E. Caproni |
| Securities/Commodities/Exchanges |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
82
OPINION AND ORDER re: 63 MOTION to Dismiss With Prejudice The Second Amended Class Action Complaint; 69 MOTION to Dismiss the Second Amended Class Action Complaint: For all the foregoing reasons, Defendants' motions to dismiss are GRANTED. The Court warned the Plaintiffs in its prior opinion that if it granted a motion to dismiss the Second Amended Complaint, it would not grant further leave to amend unless Plaintiffs "provided a detailed indication of what f acts they would add to cure the pleading's defects (and, ideally a redline proposed Third Amended Complaint) with an explanation of why the amendment would not be futile." Cemex I, 396 F. Supp. 3d at 309. Plaintiffs have not done so. Accord ingly, this case is DISMISSED with prejudice. The Clerk of Court is respectfully directed to close the open motions at Dkts. 63 and 69 and close the case. (Signed by Judge Valerie E. Caproni on 2/10/2020) (jwh) Transmission to Orders and Judgments Clerk for processing.
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Filing
59
OPINION AND ORDER: re: 43 MOTION to Dismiss Dismiss the Amended Class Action Complaint filed by Fernando A. Gonzalez Olivieri, Jose Antonio Gonzalez Flores, Cemex, S.A.B. de C.V. For all the foregoing reasons, Defendants' motion to dismiss i s GRANTED WITH LEAVE TO AMEND. Plaintiffs must file a Second Amended Complaint no later than August 1, 2019. Plaintiffs' submission must include both a redlined version of the Second Amended Complaint (comparing it to the First Amended Complaint ) and a clean version. If Plaintiffs fail to file a Second Amended Complaint by that date, this case will be dismissed withprejudice. Defendants must move against or answer the Second Amended Complaint no later than September 5, 2019. The Clerk of Court is respectfully directed to close the open motion at Dkt. 43. SO ORDERED., ( Amended Pleadings due by 8/1/2019.) (Signed by Judge Valerie E. Caproni on 7/12/2019) (ama)
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