Nath v. JP Morgan Chase Bank, N.A. et al
| Prem Nath |
| JP Morgan Chase Bank, N.A., Select Portfolio Servicing, Inc., U.S. Bank, N.A. as Indenture Trustee for C.S. F.B. Trust 2002-NP14 and The Internal Revenue Service |
| 7:2015cv03937 |
| May 21, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Rockland |
| Vincent L. Briccetti |
| All Other Real Property |
| 15 U.S.C. ยง 1640 |
| None |
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Filing
82
OPINION & ORDER: In light of the foregoing analysis, the Court grants the IRS's Motion To Dismiss Plaintiff's Amended Complaint. Because Plaintiff was granted leave to amend his Complaint in response to a decision on the merits of his cla ims, but has still failed to state a claim, the Amended Complaint is dismissed with prejudice. See Denny v. Barber, 576 F.2d 465, 471 (2d Cir. 1978) (holding that the plaintiff was not entitled to "a third go-around"); Melvin v. County of Westchester, No. 14-CV-2995, 2016 WL 1254394, at *24 n.19 (S.D.N.Y. Mar. 29, 2016) (granting motion to dismiss with prejudice where "[the] [p]laintiff has already had two bites at the apple, and they have proven fruitless" (alteration a nd internal quotation marks omitted)). The Clerk of Court is respectfully requested to terminate the pending Motion, (see Dkt. No. 76), and close this case, and as further set forth in this order. (Signed by Judge Kenneth M. Karas on 6/6/2017) (ap)
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Filing
68
OPINION & ORDER re: 20 MOTION to Dismiss , filed by JP Morgan Chase Bank, N.A., Select Portfolio Servicing, Inc., U.S. Bank, N.A. as Indenture Trustee for C.S. F.B. Trust 2002-NP14, 43 MOTION to Dismiss all claims against the IRS, filed by The Internal Revenue Service. The Court grants Private Defendants' Motion in its entirety, and Plaintiff's claims against the Private Defendants are dismissed with prejudice. The IRS's Motion is granted. Plai ntiff's claims against the IRS are dismissed with prejudice, except for his claim challenging the procedural validity of the tax liens issued against the Subject Property. With respect to that claim, and that claim only, Plaintiff may file an Amended Complaint, which must be filed with this Court within 30 days. Failure to do so may result in dismissal of his remaining claim against the IRS with prejudice. The Clerk of Court is respectfully requested to terminate the pending Motions. (D kt. Nos. 20, 43.) SO ORDERED., (U.S. Bank, N.A. as Indenture Trustee for C.S. F.B. Trust 2002-NP14 (Successor in Interest to Bank of America as Indenture Trustee for C.S.F.B. Trust 2002-NP-14", Sucessor in Interest to Lasalle Bank N.A., As Indenture Trustee for C.S.F.B. Trust 2002-NP 14), JP Morgan Chase Bank, N.A. and Select Portfolio Servicing, Inc. terminated.) (Signed by Judge Kenneth M. Karas on 9/30/16) (yv)
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