3F Partners Limited Partnership et al v. Medtronic, Inc. et al
| 3F Partners Limited Partnership, 3F Partners Limited Partnership II, Cardiac Concepts, Inc. and Domain Partners IV, L.P. |
| Medtronic, Inc., Medtronic ATS Medical, Inc. and 3F Therapeutics, Inc. |
| 1:2018cv04803 |
| May 31, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Jesse M. Furman |
| Arbitration |
| 09 U.S.C. ยง 0010 |
| None |
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Filing
32
MEMORANDUM OPINION AND ORDER re: 25 MOTION to Amend/Correct 3 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration filed by 3F Partners Limited Partnership II, 3F Partners Limited Partnership, Domain Partners IV, L.P., Cardiac Concepts, Inc. For the reasons stated above, the Court concludes that it lacks subject-matter jurisdiction and that that would be the case even if Petitioner's motion for leave to amend were granted. Accordingly, the Petition is DISM ISSED for lack of federal subject matter jurisdiction (without prejudice to re-filing in state court), and Petitioners' motion for leave to amend the Petition is DENIED as futile. See, e.g., Milanese v. Rust-Oleum Corp., 244 F.3d 104, 110 (2d Ci r. 2001) (noting that leave to amend may be denied where the amendment would be "futile"). The Clerk of Court is directed to terminate the motion at Docket No. 25 and to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/23/2018) (ne) Transmission to Orders and Judgments Clerk for processing.
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