Scalercio-Isenberg v. Citizens Financial Group, Inc., No. 1:2018cv09226 - Document 57 (S.D.N.Y. 2019)

Court Description: MEMORANDUM OPINION AND ORDER re: 30 MOTION to Dismiss Plaintiff's Amended Complaint. filed by Citizens Financial Group, Inc. The Court has considered all the arguments raised by the parties. To the extent not specifically addre ssed, the arguments are either moot or without merit. For the reasons explained above, the defendant's motion to dismiss the plaintiff's FAC under Federal Rule of Civil Procedure 12(b) (3), or alternatively transfer the case to the District of New Jersey pursuant to 28 U.S.C. § 1406(a), is denied without prejudice. The defendant's motion to dismiss the plaintiff's complaint under Rule 12(b) (6) is granted. The plaintiff's FAC is dismissed without prejudice. The pla intiff may file her second amended complaint by May 10, 2019. The plaintiff is advised that, in light of the disparaging nature of her papers and particularly the ad hominem attacks she has made against defense counsel, continuing to engage in such behavior may subject the plaintiff to sanctions. The Clerk of Court is directed to close docket number 30. SO ORDERED., (Amended Pleadings due by 5/10/2019.) (Signed by Judge John G. Koeltl on 4/11/19) (yv)