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17-1410 - Rizvi et al v. Urstadt Biddle Prop Inc et al


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17-1410 - Rizvi et al v. Urstadt Biddle Prop Inc et al
January 17, 2018
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Minute Entry. Proceedings held before Judge Victor A. Bolden: denying 27 Motion to Strike; denying 29 Motion to Strike; denying 30 Motion to Strike; denying 25 Motion to Strike;finding as moot 10 Motion to Dismiss; finding as moot 14 Motion to Dismiss; finding as moot 19 Motion to Dismiss.Motion Hearing held on 1/17/2018 re 30 MOTION to Strike 22 Amended Complaint, filed by Spa Thea, LLC, John B. Kaiser, Coles Baldwin & Kaiser, LLC, 25 MOTION to Strike 22 Amended Complaint, filed by Willing L. Biddle, Urstadt Biddle Prop Inc, 14 MOTION to Dismiss filed by Noble F. Allen, Hinckley, Allen & Snyder LLP, 27 MOTION to Strike 22 Amended Complaint, filed by Noble F. Allen, Hinckley, Allen & Snyder LLP, 38 MOTION to Amend/Correct 22 Amended Complaint, filed by Eileen Rizvi, Nusrat Rizvi, 41 MOTION to Dismiss for Lack of Jurisdiction and 12(b)(5) and (b)(6) filed by Antonio C. Robaina, 29 First MOTION to Strike Plaintiffs' Amended Complaint filed by Tibbetts, Keating & Butler, 10 MOTION to Dismiss filed by Willing L. Biddle, Urstadt Biddle Prop Inc, 19 MOTION to Dismiss filed by Spa Thea, LLC, John B. Kaiser, Coles Baldwin & Kaiser, LLC. Total Time: 0 hours and 36 minutes(Court Reporter S. Montini.) (Giammatteo, J.)
January 17, 2018
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ORDER granting 41 Defendant Antonio Robaina's Motion to Dismiss. Given the doctrine of judicial immunity, it is unlikely that further amendment would be productive. Accordingly the claims against Mr. Robaina are dismissed with prejudice. See Lucente v. Int'l Bus. Machines Corp., 310 F.3d 243, 258 (2d Cir. 2002) (Where it appears that granting leave to amend is unlikely to be productive... it is not an abuse of discretion to deny leave to amend.) (citing Ruffolo v. Oppenheimer & Co., 987 F.2d 129, 131 (2d Cir. 1993)). Signed by Judge Victor A. Bolden on 1/17/2018. (Giammatteo, J.)