90) The district court dismissed the plaintiffs' complaint without leave to replead
The Court did allow Aquino to replead
for the breach of contract count in his suit.
The court accepted in its entirety the Report and Recommendation in which the Magistrate Judge found that plaintiff failed to state a plausible claim for relief and denied plaintiff leave to replead
, and concluded that plaintiff lacked a good faith basis for the allegations and denied plaintiffs objections.
The court should not reopen the record to admit additional evidence, given that the case has already proceeded through trial, judgment and appeal, nor should the parties replead
are significantly disadvantaged as they must replead
, reargue, and
what happens to plaintiffs given the opportunity to replead
Rather, courts are giving plaintiffs a chance to replead
2009) (granting plaintiffs leave to replead
procedural due process claim if they could allege as a factual matter that parole appeals were "governed by an unofficial policy or practice that effectively eliminates the possibility of parole for prisoners serving indeterminate sentences based on 'stale and static factor[s]'" (alteration in original) (quoting Hayward, 512 F.
In response, the court held that the Southern District did not err in rendering its partial dismissal without prejudice to replead
The court held, inter alia, that an order dismissing a complaint but granting leave to replead
is not a final order for purposes of res judicata until the trial court enters an order dismissing the suit with prejudice.
Judge Hurd invited the Rivendell Winery plaintiffs to return to his court "in the event plaintiffs unsuccessfully apply for a variance and replead
their current claims in federal court" by directing that "the [new] lawsuit .
It concludes that application of the Twombly/Iqbal principle to this context may not be as harmful as application to allegations about defendant conduct because of the plaintiff's ability to access the relevant information and, if necessary, replead