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[quote=Anonymous]Sloane's Reply to her MTD Wayfarer's counterclaims was filed late yesterday:  https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.60.0.pdf

Again focusing on lack of evidence provided to support their claims, suggesting a push to dismiss with prejudice:

"Leave to amend 'should generally be denied in instances of futility, undue delay, bad faith or dilatory motive, repeated failure to cure deficiencies by amendments previously allowed, or undue prejudice.' United States ex rel. Ladas v. Exelis, Inc., 824 F.3d 16, 28 (2d Cir. 2016).  Wayfarer has already amended its counterclaims once, after Plaintiffs moved to dismiss them. Any amendment by Wayfarer, which has long had knowledge of the brunt of the facts underlying its claims—for more than nine months—and which has already failed to cure the pleading defects in their First Amended Counterclaims, would be futile and is unwarranted. See Kim v. Kimm, 884 F.3d 98, 105 (2d Cir. 2018); Thompson v. Mun. Credit Union, 2022 WL 2717303, at *9 (S.D.N.Y. July 13, 2022) (Liman, J.) ('When the plain language of a contract unambiguously forecloses a plaintiff's claim, a district court may determine that re-pleading would be futile.')."

And as always, at least one of the footnotes is on fire:

"The closest the Amended Counterclaims come is the vague assertion that Sloane told Nathan that she could expect to be sued 'based on what [Sloane] had already seen and what Jones had told her'—without ever identifying what, exactly, Sloane purportedly 'had [] seen' or 'heard,' let alone alleging she 'had [] seen' or 'heard' any confidential information about Wayfarer. Dkt. 51 ¶ 54.

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