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Other Statutory Actions | New York Southern
Order
OPINION AND ORDER re: 44 MOTION for Certificate of Appealability . filed by BNP Paribas, S.A., 42 MOTION for Reconsideration . filed by BNP Paribas, S.A.. For the reasons stated above, Defendant's Motion for Rec onsideration is GRANTED and the Amended Complaint is thus DISMISSED. As a result, the Motion to Certify an Interlocutory Appeal is DENIED as moot. Dismissal is rendered with prejudice because an amendment would be futile: Plaintiffs have already a vailed themselves of one opportunity to amend as of right, which benefitted from Defendant's first motion to dismiss and yielded a complaint containing more than 600 pages of allegations. ECF Nos. 15, 19. Plaintiff subsequently fully briefed a second motion to dismiss and two supplemental letters of authority, after which it briefed a motion for reconsideration, motion to certify an interlocutory appeal, and two additional supplemental letters of authority. See ECF Nos. 3233, 36, 39 , 49-50, 54, 57. Through all of this briefing, Plaintiffs did not request leave to amend or indicate that there are additional allegations that would alter the merits of their claim. Accordingly, sua sponte denial of leave to amend is warranted. The Clerk of Court is directed to terminate ECF Nos. 42 and 44 and close the case. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 9/29/2026) (vfr)
P.I.: Other | District Of Columbia
Withdraw as Attorney
MOTION to Withdraw as Attorney on behalf of Kenneth Winn Allen by LOUIS BERGER GROUP, INC. / BLACK & VEATCH SPECIAL PROJECTS CORPORATION JOINT VENTURE. (Attachments: # 1 Text of Proposed Order)(Allen, Kenneth)
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