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China XD Plastics Co.
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Order | Filed: September 29, 2023 | Entered: September 29, 2023 Schmitt v. China XD Plastics Company, Limited et al
Securities/Commodities | New York Eastern
Judgment - Clerk
CLERK'S JUDGMENT that Defendant China XD's motion to dismiss Count One is granted; that the Controlling Shareholders' and the Individual Defendants' motions to dismiss Count Two are granted; that Plaintiff's claims in Count One, under Section 14(a), and in Count Two, under Section 20(a), are dismissed with prejudice; that the Controlling Shareholders' and Individual Defendants' motion to dismiss Count Three and Count Four are granted; and that Plaintiff's claims in Count Three and Count Four, under Nevada state law, are dismissed without prejudice. Signed Brenna B. Mahoney, Clerk of Court by Jalitza Poveda, Deputy Clerk on 9/29/2023. (TLH)
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Order | Filed: September 29, 2023 Schmitt v. China XD Plastics Company, Limited et al
Securities/Commodities | New York Eastern
Order
ORDER granting 66 73 74 Motion to Dismiss. For the reasons set forth in the attached Memorandum and Order, Defendant China XD's motion to dismiss Count One is GRANTED. The Controlling Shareholders' and the Individual Defendan ts' motions to dismiss Count Two are GRANTED. Plaintiff's claims in Count One, under Section 14(a), and in Count Two, under Section 20(a), are DISMISSED with prejudice. The Controlling Shareholders' and Individual Defenda nts' motion to dismiss Count Three and Count Four are GRANTED and Plaintiff's claims in Count Three and Count Four, under Nevada state law, are DISMISSED without prejudice.
Although the Second Circuit has advised that " the usual practice upon granting a motion to dismiss [is] to allow leave to replead," Cortec Indus., Inc. v. Sum Holding L.P., 949 F.2d 42, 48 (2d Cir. 1991) (internal citation omitted), Plaintiff has already been granted leave to amend h is Complaint twice. Accordingly, the Court will not grant further leave to amend. See Ruotolo v. City of New York, 514 F.3d 184, 191 (2d Cir. 2008) ("leave to amend, though liberally granted, may properly be denied for... failure to cure deficiencies by amendments previously allowed") (internal citation omitted).
The Clerk of Court is respectfully requested to enter judgement dismissing all claims against all Defendants. Ordered by Judge Kiyo A. Matsumoto on 9/29/2023. (HM)
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Order | Filed: September 29, 2022 | Entered: September 29, 2022 Schmitt v. China XD Plastics Company, Limited et al
Securities/Commodities | New York Eastern
Order Reassigning Case
ORDER REASSIGNING CASE. Case reassigned to Judge Kiyo A. Matsumoto for all further proceedings. Judge Nicholas G. Garaufis no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 9/29/2022. (Davis, Kimberly)
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