City of Brockton Retirement System v. Avon Products, Inc. et al

Filing 55

MEMORANDUM OPINION AND ORDER. For the reasons stated above, Defendants' motion to dismiss is granted. The Clerk of the Court is directed to terminate the motion (Dkt. No. 36). Plaintiffs have requested leave to amend in the event that this Court dismisses all or part of the Amended Complaint. (Pltf. Br. (Dkt. No. 41) at 28 n.29). "[I]t is often appropriate for a district court, when granting a motion to dismiss for failure to state a claim, to give the plaintiff leave to file an amende d complaint." Van Buskirk v. N.Y. Times Co., 325 F.3d 87, 91 (2d Cir. 2003) (citing Branum v. Clark, 927 F.2d 698, 705 (2d Cir. 1991)). "Leave to amend should be freely granted, but the district court has the discretion to deny leave if the re is a good reason for it, such as futility, bad faith, undue delay, or undue prejudice to the opposing party." Jin v. Metro. Life Ins. Co., 310 F.3d 84, 101 (2d Cir. 2002). Here, Defendants have not pointed to any compelling reason why leave t o amend should be denied. Accordingly, Plaintiffs will be granted leave to amend. Any Second Amended Complaint will be filed by October 24, 2014. re: 36 MOTION to Dismiss/Defendants' Notice of Motion to Dismiss the Amended Complaint filed by Andrea Jung, Charles W. Cramb, Avon Products, Inc. (Signed by Judge Paul G. Gardephe on 9/28/2014) (rjm)