The opinion of the court was delivered by: Hon. Manuel L. Real United States District Judge
ORDER GRANTING DEFENDANT VICTORIA'S SECRET STORES BRAND MANAGEMENT, INC.'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO TRANSFER
Complaint Served: September 12, 2011
Judge: Hon. Manuel L. Real Courtroom: 8
Hearing Date: November 28, 2011 Hearing Time: 10:00 am.
[Proposed] Order Granting Victoria's Secret Stores Brand Management, Inc.'s Motion to Dismiss or, in the Alternative, to Transfer Venue
Defendant Victoria's Secret Stores Brand Management, Inc.'s ("Victoria's Secret") Motion to Dismiss or In the Alternative to Transfer Venue was heard before the Honorable Manuel L. Real on November 28, 2011.
For the reasons set forth on the record at the hearing, a copy of the transcript of which is attached hereto as Exhibit A, Victoria's Secret's MOTION TO DISMISS IS GRANTED WITH PREJUDICE.
Both parties submitted unopposed Requests for Judicial Notice in connection with the briefing on this Motion. Both requests are hereby GRANTED. Leave to amend is DENIED. Plaintiff, following a meet-and-confer between counsel, amended its Complaint and filed its First Amended Complaint, which is the subject of this Motion. Despite filing its First Amended Complaint, Plaintiff did not cure the deficiencies associated with its claims. Neither did Plaintiff, in its Opposition to this Motion or during argument, proffer any additional facts, which if taken as true, could cure the deficiencies in its First Amended Complaint. Moreover, because the unambiguous contract at issue and the facts judicially-noticed demonstrate that Plaintiff cannot cure the deficiencies associated with its claims, the granting of any leave to amend would be futile.
In light of the Court's dismissal of Plaintiff's claims, Victoria's Secret's Motion to Transfer Venue to the United States District Court for the District of Delaware is DENIED as moot.
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