The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JOHN DERAFFELE,
Plaintiff,
-against- 21 CIVIL 06033 (PMH)
JUDGMENT
WILLIAMS AND WILLIAMS, AUCTION
NETWORK, JENNIFER BENNETT, JOHN
HEILIGER, and WILLIAMS AND WILLIAMS
MARKETING SERVICES, INC.,
Defendant.
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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Opinion & Order dated February 16, 2023, Defendants’ motion to dismiss
pursuant to Rule 12(b)(6) is GRANTED. While "[d]istrict courts should frequently provide leave
to amend before dismissing a pro se complaint... leave to amend is not necessary when it would
be futile." Reed v. Friedman Met. Corp., 541 F. App'x 40, 41 (2d Cir. 2013) (citing Cuoco v.
Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000)). Here, Plaintiff has already amended his complaint
once and any further amendment would be futile. Accordingly, Plaintiff's Amended Complaint is
dismissed with prejudice; accordingly, the case is closed.
Dated: New York, New York
February 16, 2023
RUBY J. KRAJICK
Clerk of Court
BY:
Deputy Clerk