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17-514 - Stapleton v. Ponte et al


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17-514 - Stapleton v. Ponte et al
March 28, 2018
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MEMORANDUM AND ORDER: For the reasons stated in the attached order, Defendants' motion 14 to dismiss is GRANTED and Plaintiff's claims are dismissed with prejudice. Further, Defendants' motion 14 to stay discovery is DENIED as moot. Whereas, ordinarily, the Court would allow a plaintiff an opportunity to amend his pleading, see Cruz v. Gomez, 202 F.3d 593, 597-98 (2d Cir. 2000), it need not afford that opportunity, where, as here, it is clear from the face of the complaint that any such amendment would be futile. See Roth v. CitiMortgage Inc., 756 F.3d 178, 183 (2d Cir. 2014) ("Leave to amend need not be granted where the proposed amendment would be futile."). The Clerk of Court is respectfully directed to close this case. Ordered by Judge LaShann DeArcy Hall on 3/28/2018. (Garrett, Ruby)