Rivera v. Board of Education of the City School District of the City of New York

Filing 37

CLERK'S JUDGMENT re: 36 Memorandum & Opinion in favor of New York City Department of Education against Victor Rivera. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated Nov ember 18, 2021, Defendant's motion to dismiss the Amended Complaint is granted. Plaintiff has not requested leave to file a Second Amended Complaint. And in light of the guidance this Court provided in Rivera I regarding the filing of amended pleadings, the Court does not believe further amendment would remedy the pleading deficiencies outlined in this Opinion. See Binn v. Bernstein, No. 19 Civ. 6122 (GHW) (SLC), 2020 WL 4550312, at *34 (S.D.N.Y. July 13, 2020) ("To grant Plainti ffs leave to amend would be allowing them a 'third bite at the apple,' which courts in this district routinely deny." (collecting cases)), report and recommendation adopted, 2020 WL 4547167 (S.D.N.Y. Aug. 6, 2020); see generally Gor man v. Covidien Sales, LLC, No. 13 Civ. 6486 (KPF), 2014 WL 7404071, at *2 (S.D.N.Y. Dec. 31, 2014) (noting that "it remains 'proper to deny leave to replead where... amendment would be futile'" (citing Hunt v. Alliance N. Am. Gov't Income Trust, Inc., 159 F.3d 723, 728 (2d Cir. 1998))). Accordingly, Plaintiff's claims against the DOE are dismissed with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/18/2021) (Attachments: # 1 Right to Appeal) (km)

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Case 1:19-cv-11624-KPF Document 37 Filed 11/18/21 Page 1 of 1
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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VICTOR RIVERA,

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19

CIVIL 11624 (KPF)

JUDGMENT
BOARD OF EDUCATION OF THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW
YORK, a/k/a THE NEW YORK CITY
DEPARTMENT OF EDUCATION,
Defendant.

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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the
Court's Opinion and Order dated November 18, 2021, Defendant's motion to dismiss the Amended Complaint is
granted. Plaintiff has not requested leave to file a Second Amended Complaint. And in light of the guidance this
Court provided in Rivera I regarding the filing of amended pleadings, the Court does not believe further
amendment would remedy the pleading deficiencies outlined in this Opinion. See Binn v. Bernstein, No. 19
Civ. 6122 (GHW) (SLC), 2020 WL 4550312, at *34 (S.D.N.Y. July 13, 2020) ("To grant Plaintiffs leave to
amend would be allowing them a 'third bite at the apple,' which courts in this district routinely deny."
(collecting cases)), report and recommendation adopted, 2020 WL 4547167 (S.D.N.Y. Aug. 6, 2020); see
generally Gorman v. Covidien Sales, LLC, No. 13 Civ. 6486 (KPF), 2014 WL 7404071, at *2 (S.D.N.Y. Dec.
31, 2014) (noting that "it remains 'proper to deny leave to replead where ... amendment would be futile"' (citing
Hunt v. Alliance N. Am. Gov't Income Trust, Inc., 159 F.3d 723, 728 (2d Cir. 1998))). Accordingly, Plaintiffs
claims against the DOE are dismissed with prejudice; accordingly, the case is closed.

Dated: New York, New York
November 18, 2021

RUBY J. KRAJICK
Clerk of Court
BY:

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