Cenedella v. Metropolitan Museum of Art et al, No. 1:2018cv01029 - Document 40 (S.D.N.Y. 2018)

Court Description: OPINION AND ORDER re: 31 MOTION to Dismiss Plaintiff's Amended Complaint. filed by Whitney Museum of American Art, Metropolitan Museum of Art, Solomon R. Guggenheim Museum, New Museum Of Contemporary Art, Museum of Mode rn Art. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the reasons explained above, the defendant's motion to dismiss the plaint iff's amended complaint is granted, and the plaintiff's amended complaint is dismissed without prejudice. The plaintiff must file a motion to amend, including a copy of the proposed second amended complaint, by January 15, 2019, and the def endants may respond by February 5, 2019. The plaintiff may reply by February 15, 2019. The Clerk of Court is ordered to close Docket Number 31. SO ORDERED., (Motions due by 1/15/2019., Responses due by 2/5/2019, Replies due by 2/15/2019.) (Signed by Judge John G. Koeltl on 12/19/18) (yv)