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S.D.N.Y.Procedural orderFiled Apr. 23, 2024

Dumontet v. UBS Financial Services, Inc.

Judge
Gregory Woods
Docket
1:21-cv-10361
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureMotion to DismissSecurities
In one sentence

In Dumontet v. UBS Financial Services, Inc., Judge Gregory H. Woods dismissed the claims without prejudice after Dumontet did not file an amended complaint.

Who this affects

Christian Dumontet’s claims against UBS Financial Services, Inc. and the other defendants were dismissed without prejudice, and the case was closed.

What happened

In Dumontet v. UBS Financial Services, Inc., the court had previously dismissed Christian Dumontet’s amended complaint because the Securities Litigation Uniform Standards Act barred his claims. The court gave him 21 days to file another amended complaint.

Dumontet had not filed an amended complaint by April 23, 2024. The court therefore dismissed his claims without prejudice, directed the Clerk of Court to enter judgment for the defendants, and closed the case.

Judge Gregory H. Woods issued the order. The order does not state that Dumontet filed a response opposing the dismissal or explain any reason why he did not file an amended complaint.

The detailed version

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

Case
Dumontet v. UBS Financial Services, Inc. · No. 1:21-cv-10361
Judge
Gregory Woods
Date
Apr. 23, 2024

Background

On March 29, 2024, the court granted the defendants’ motion to dismiss Christian Dumontet’s amended complaint. The court dismissed Dumontet’s claims without prejudice because it concluded that the Securities Litigation Uniform Standards Act barred them. The court allowed Dumontet 21 days to file a further amended complaint.

April 23 Order

The court stated that Dumontet had not filed an amended complaint as of April 23, 2024. It therefore dismissed Dumontet’s claims without prejudice. A dismissal without prejudice does not itself bar refiling, although the order does not address any other requirements that might apply to a future action.

Disposition

The Clerk of Court was directed to enter judgment for the defendants and close the case. Judge Gregory H. Woods signed the order.

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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