Opinion

Franza v. Stanford

Court
District Court, S.D. New York
Filed
Dec 11, 2019
Cited by
0 cases
Authority
More cited than 27.0%

"[A] party may amend its pleadings more than once ‘only with the opposing party's written consent or the courts leave.'" (quoting Fed. R. Civ. P. 15(a)(2))

How later courts described this case

  • "[A] party may amend its pleadings more than once ‘only with the opposing party's written consent or the courts leave.'" (quoting Fed. R. Civ. P. 15(a)(2))
  • "[T]he district court has the discretion to deny leave [to amend] if there is a good reason for it, such as futility..." (citing Foman v. Davis, 371 U.S. 178, 182 (1962)); see also Knife Rights, Inc. v. Vance, 802 F.3d 377, 389 (2d Cir. 2015
  • denying leave to replead, for futility, because defendant was "absolutely immune" from suit

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT DOCUMENT

SOUTHERN DISTRICT OF NEW YORK ELECTRUPICA iY PILED

penne. # ee

DOMINIC M. FRANZA, Lo \ \

Plaintiff, ) DATE FILED: [2] □□ i,

-against- □□□ CIVIL 10892 (KMK)

JUDGMENT

TINA M. STANFORD, et al.,

Defendants.

□□□ nee eee ee eee eee eee eee KX

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons

stated in the Court's Opinion and Order dated December 11, 2019, Defendants' Motion is granted.

Because this dismissal is based on legal conclusions concerning the applicability of absolute

immunity and the absence of "clearly established law," the Court concludes that amendment would

be futile. See Bogart v. City of New York, No. 13-CV-1017, 2015 WL 5036963, at *8 (S.D.N.Y.

Aug. 26, 2015)(denying leave to amend, for futility, because the defendants did not "def[y] clearly

established law"); Karris v. Varulo, No. 14-CV-1077, 2014 WL 1414483, at *4 (E.D.N.Y. Apr.

10, 2014) ("[A]ny amendment to [the] plaintiffs amended complaint would be futile because, inter

alia, all defendants are entitled to absolute immunity... (italics omitted)); Dilacio v. N.Y.C. Dist.

Council of the United Bhd. of Carpenters & Joiners of Am., 593 F. Supp. 2d 571, 578 (S.D.NLY.

2008) (denying leave to replead, for futility, because defendant was "absolutely immune" from

suit). Accordingly, and because Plaintiff has already amended his Complaint twice, dismissal is

with prejudice. See Jin v. Metro. Life Ins. Co., 310 F.3d 84, 101 (2d Cir. 2002) ("[T]he district

court has the discretion to deny leave [to amend] if there is a good reason for it, such as futility..."

(citing Foman v. Davis, 371 U.S. 178, 182 (1962)); see also Knife Rights, Inc. v. Vance, 802 F.3d

377, 389 (2d Cir. 2015) ("[A] party may amend its pleadings more than once ‘only with the

opposing party's written consent or the courts leave.'" (quoting Fed. R. Civ. P. 15(a)(2)));

accordingly, the case is closed.

Dated: New York, New York

December 11, 2019

RUBY J. KRAJICK

Clerk of Court

BY:

Deputy na

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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