Burton v. Merrill Lynch & Co., Inc. et al, No. 1:2008cv03037 - Document 72 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER: For reasons further set forth in said Order, the Defendants' motion to dismiss the Complaint [dkt. no. 51.] is GRANTED. Prior to thefiling of the motion to dismiss, Plaintiffs were given the opportunity to correct deficiencies pointed out by Defendants. Plaintiffs availed themselves of this opportunity prior to serving the First Amended Consolidated Class Action Complaint with the understanding that no further amendments would bepermitted. In addition, the grounds for dis missal set forth above demonstrate that further amendment would be futile. Accordingly, the dismissal is with prejudice. The Clerk of the Court shall mark this action closed and all pending motions denied as moot. (51 in 1:08-cv-03037-LAP) MOTION to Dismiss filed by IN RE: Merrill Lynch & Co., Inc., Auction Rate Securities (ARS) Marketing Litigation, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Merrill Lynch & Co., Inc., Merrill Lynch. (Signed by Judge Loretta A. Preska on 3/31/10) Filed In Associated Cases: 1:09-md-02030-LAP, 1:08-cv-03037-LAP(db)