Gunderson Amazing Fireworks, LLC v. Merrick Bank

1 Citing case

  1. Beg v. Elias Props. Valley Stream 500 Sunrise, LLC

    16-cv-3807 (ADS) (SIL) (E.D.N.Y. May. 5, 2017)   Cited 2 times

    Joinder may be denied as futile if the proposed pleading would not withstand a motion to dismiss pursuant to Rule 12(b)(6). Lawrence v. Starbucks Corp., No. 08 CIV. 3734 LTS/JCF, 2009 WL 4794247, at *2 (S.D.N.Y. Dec. 10, 2009) (citing Oneida Indian Nation of New York v. City of Sherill, 337 F.3d 139, 168 (2d Cir. 2003), rev'd on other grounds, 544 U.S. 197 (2005); Smith v. CPC International, Inc., 104 F. Supp. 2d 272, 274 (S.D.N.Y. 2000)); see also Gunderson Amazing Fireworks, LLC v. Merrick Bank, No. 12-CV-3869(JS)(AKT), 2017 WL 1207556, at *4 (E.D.N.Y. Mar. 30, 2017) (stating that when deciding whether to permit joinder, Courts deny such motions based on futility, which is scrutinized under the Rule 12(b)(6) standard). The purpose of Rule 20 is to promote "trial convenience and to expedite the final determination of disputes."