Red Apple 86 Fleet Place Development v. State Farm Fire and Casualty Company
Red Apple 86 Fleet Place Development, LLC v. State Farm Fire and Casualty Company
- Jed Rakoff
- 1:22-cv-05582
- U.S. District Court · Southern District of New York
- 2
In Red Apple v. State Farm, Judge Rakoff denied leave to amend, granted State Farm’s motion to dismiss counts two through five, and granted ALE’s pleadings motion.
Red Apple’s claims against State Farm on counts two through five were dismissed through the granted motion, ALE Solutions, Inc. was dismissed from the case, and the claim against State Farm on count one continues.
What happened
Red Apple 86 Fleet Place Development, LLC sued State Farm Fire and Casualty Company and ALE Solutions, Inc. State Farm sought dismissal of counts two through five, and ALE sought judgment on the pleadings. After a hearing, the court allowed Red Apple to ask to amend its complaint to fix pleading problems.
The court denied Red Apple’s motion for leave to amend because the proposed amended complaint would not fix those problems. It granted State Farm’s renewed motion to dismiss counts two through five. It also granted ALE’s motion for judgment on the pleadings and dismissed ALE from the case.
The case will continue against State Farm on count one only. Judge Jed S. Rakoff also directed the Clerk to close three specified docket documents.
The detailed version
- Red Apple 86 Fleet Place Development v. State Farm Fire and Casualty Company · No. 1:22-cv-05582
- Jed Rakoff
- Nov. 25, 2022
Background
State Farm moved to dismiss counts two through five of Red Apple’s complaint. ALE Solutions, Inc. separately moved for judgment on the pleadings, a procedure asking the court to decide the claims based on the pleadings filed in the case.
At oral argument, the court stated that the challenged counts were insufficiently pleaded but allowed Red Apple to move for leave to amend its complaint. Red Apple filed that motion, and State Farm opposed it.
Rulings
The court denied Red Apple’s motion for leave to amend as futile. In this context, “futile” means that the proposed amendment would not cure the existing deficiencies or state a legally sufficient claim under Rule 12(b)(6), the rule governing failure to state a claim.
The court granted State Farm’s renewed motion to dismiss counts two through five. It also granted ALE’s motion for judgment on the pleadings and dismissed ALE from the case. The order does not state the specific legal deficiencies in the claims; it says that a later opinion would explain the reasons for the rulings.
Effect on the Case
The case continues against State Farm on count one only, under the schedule in the prior case-management plan. Judge Jed S. Rakoff directed the Clerk of Court to close docket documents numbered 19, 22, and 33.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.