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S.D.N.Y.Procedural orderFiled Feb. 11, 2020

American E Group LLC v. LiveWire Ergogenics Inc.

Judge
Gregory Woods
Docket
1:18-cv-03969
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureMotion to DismissContract
In one sentence

In American E Group v. LiveWire, Judge Woods reports that LiveWire’s dismissal motion was granted, all claims were dismissed with prejudice, and amendment was denied as futile.

Who this affects

American E Group LLC’s claims in its second amended complaint were dismissed with prejudice. LiveWire Ergogenics Inc. obtained dismissal of the claims.

What happened

American E Group LLC sued LiveWire Ergogenics Inc.; the judgment refers to claims asserted in American E Group’s second amended complaint. The provided judgment does not describe the underlying dispute beyond referring to a Note and a request for equitable relief.

LiveWire moved to dismiss. The judgment states that the Note was unenforceable and that American E Group was not entitled to equitable relief.

Judge Woods’s court granted LiveWire’s motion to dismiss, denied American E Group leave to amend because amendment would be futile, and dismissed all claims in the second amended complaint with prejudice.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
American E Group LLC v. LiveWire Ergogenics Inc. · No. 1:18-cv-03969
Judge
Gregory Woods
Date
Feb. 11, 2020

Background

American E Group LLC was the plaintiff, and LiveWire Ergogenics Inc. was the defendant. The judgment refers to claims in American E Group’s second amended complaint, a Note, and a request for equitable relief. The provided judgment does not include the factual background or the parties’ detailed arguments.

Motion and ruling

LiveWire moved to dismiss. The judgment states that the motion was granted because the Note was unenforceable and American E Group was not entitled to equitable relief. The court denied American E Group leave to file another amended complaint, stating that any attempt to replead the claims would be futile. It therefore dismissed all claims in the second amended complaint with prejudice, meaning the judgment bars those claims from being refiled.

Disposition

The judgment entered the stated dismissal and granted LiveWire’s motion to dismiss. The provided text identifies the judgment as dated January 29, 2020, and says it was based on the court’s January 28, 2020 order; the supplied case metadata lists February 11, 2020 as the filing date. The judgment was entered by the clerk, Ruby J. Krajick, while the supplied metadata identifies Gregory Woods as the judge.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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