Union Square Supply, Inc. v. De Blasio et al

Filing 39

CLERK'S JUDGMENT re: 38 Memorandum & Opinion, in favor of City of New York, New York City Department of Consumer and Worker Protection, Office of Administrative Trials & Hearings, Bill De Blasio, Inspector Davi, Joni Kletter, Lorelai Salas against Union Square Supply, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated November 16, 2021, The City's motion to dismiss is granted. Because Union Square Supply has ha d an opportunity to amend its complaint in response to the City's motion to dismiss, has failed to address the complaint's deficiencies, and has not requested further leave to amend, the dismissal of Union Square Supply's federal claim s is with prejudice. See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505-06 (2d Cir. 2014). The state law claims are dismissed without prejudice to renewal in state court. Judgment is entered for the defendants and this case is closed. (Signed by Clerk of Court Ruby Krajick on 11/17/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)

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Case 1:21-cv-02390-DLC Document 39 Filed 11/17/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X UNION SQUARE SUPPLY INC., individually and on behalf of a class of all other persons similarly situated, Plaintiff, MAYOR BILL DE BLASIO, CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF CONSUMER AND WORKER PROTECTION, LORELAI SALAS, as Commissioner of the New York City Department of Consumer and Worker Protection, OFFICE OF ADMINISTRATIVE TRIALS & HEARINGS, JONI KLETTER, as Commissioner and Chief Administrative Law Judge of the Office of Administrative Trials and Hearings, INSPECTOR DAVI, and INSPECTOR JOHN DOE(S) AND INSPECTOR JANE DOE(S), to be identified later, -against- 21 CIVIL 2390 (DLC) JUDGMENT Defendants. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated November 16, 2021, The City’s motion to dismiss is granted. Because Union Square Supply has had an opportunity to amend its complaint in response to the City’s motion to dismiss, has failed to address the complaint’s deficiencies, and has not requested further leave to amend, the dismissal of Union Square Supply’s federal claims is with prejudice. See TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505-06 (2d Cir. 2014). The state law claims are dismissed Case 1:21-cv-02390-DLC Document 39 Filed 11/17/21 Page 2 of 2 without prejudice to renewal in state court. Judgment is entered for the defendants and this case is closed. Dated: New York, New York November 17, 2021 RUBY J. KRAJICK _________________________ Clerk of Court BY: _________________________ Deputy Clerk

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