Plumbers and Steamfitters Local 137 Pension Fund v. American Express Company et al

Filing 54

MEMORANDUM OPINION & ORDER re: 44 MOTION to Dismiss filed by Kenneth I. Chenault, American Express Company, Jeffrey C Campbell. For the reasons stated herein, Defendants' motion to dismiss is granted. The Clerk of Court is directed to terminate the motion (Dkt. No. 44). Plaintiffs have requested leave to amend in the event that this Court dismisses all or part of the Amended Complaint. (Pltf. Opp. (Dkt. No. 47) at 53). "[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 amended 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 there is a good reason for it, such as futility, bad faith, undue delay, or undue prejudice to the opposing party." Jin v. Metro. L ife Ins. Co., 310 F.3d 84, 101 (2d Cir. 2002). Here, Defendants have not pointed to any reason why leave to amend should be denied. Accordingly, Plaintiffs will be granted leave to amend. Any Second Amended Complaint will be filed by October 26, 2017. ( Amended Pleadings due by 10/26/2017.) (Signed by Judge Paul G. Gardephe on 9/30/2017) (mro)

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