American E Group LLC v. LiveWire Ergogenics Inc.

Filing 230

CLERK'S JUDGMENT re: 228 Memorandum & Opinion in favor of LiveWire Ergogenics Inc. against American E Group LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 28, 2020, Li vewire's motion to dismiss is GRANTED because the Note is unenforceable and AEG is not entitled to equitable relief. The Court denies AEG leave to replead because any attempt to replead the claims asserted in the SAC would be futile. See Advan ced Magnetics, Inc. v. Bayfront Partners,Inc., 106 F.3d 11, 18 (2d Cir. 1997) (noting that leave to amend need not be granted where the proposed amendment would be futile). Accordingly, all claims in the SAC are dismissed with prejudice. (Signed by Clerk of Court Ruby Krajick on 1/29/2020) (Attachments: # 1 Right to Appeal)(km)

USDC SDNY

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ELECTRONfCALLY FILED
DOC#:
DATE FILED:

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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AMERICAN E GROUP LLC,
Plaintiff,
-against-

18 CIVIL 3969 (GHW)

JUDGMENT
LIVEWIRE ERGOGENICS INC.,
Defendants.

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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Order dated January 28, 2020, Livewire's motion to dismiss is GRANTED
because the Note is unenforceable and AEG is not entitled to equitable relief. The Court denies
AEG leave to replead because any attempt to replead the claims asserted in the SAC would be
futile. See Advanced Magnetics, Inc. v. Bayfront Partners,lnc., 106 F.3d 11, 18 (2d Cir. 1997)
(noting that leave to amend need not be granted where the proposed amendment would be futile).
Accordingly, all claims in the SAC are dismissed with prejudice.

Dated: New York, New York
January 29, 2020

RUBY J. KRAJICK
Clerk of Court
BY:
Deputy Clerk