Grullon v. The Administration for Children's Services et al

Filing 57

CLERK'S JUDGMENT re: 56 Memorandum & Opinion. in favor of The Administration for Children's Services The City of New York, Angela Allen, Contessa Pou, David Hansell, Frank Lawani, Gladys Carrion, Miriam Vasquez, Shanel Monroe, Tahis ha Fountaine Longworth against Rolando Grullon. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 16, 2021, Defendants' motion to dismiss the SAC for a failure to state a c laim is GRANTED. The Second Circuit has made clear that district courts "should not dismiss without granting leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated." Cuoc o v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). Although Plaintiff has already been given several opportunities to amend, the Court deems it prudent to give Plaintiff another chance. Accordingly, Plaintiff shall have until May 14, 2021 to file a thi rd amended complaint; accordingly, the case is closed, without prejudice to re-opening upon Plaintiff's filing of a third amended complaint before May 14, 2021. (Signed by Clerk of Court Ruby Krajick on 3/17/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)

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Case 1:18-cv-03129-LJL Document 57 Filed 03/17/21 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X ROLANDO GRULLON, Plaintiff, 18 CIVIL 3129 (LJL) -against- JUDGMENT THE ADMINISTRATION FOR CHILDREN’S SERVICES, et al., Defendants. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 16, 2021, Defendants’ motion to dismiss the SAC for a failure to state a claim is GRANTED. The Second Circuit has made clear that district courts “should not dismiss without granting leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated.” Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). Although Plaintiff has already been given several opportunities to amend, the Court deems it prudent to give Plaintiff another chance. Accordingly, Plaintiff shall have until May 14, 2021 to file a third amended complaint; accordingly, the case is closed, without prejudice to re-opening upon Plaintiff’s filing of a third amended complaint before May 14, 2021. Dated: New York, New York March 17, 2021 RUBY J. KRAJICK _________________________ Clerk of Court BY: _________________________ Deputy Clerk

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