Oppedisano v. Zur

MEMORANDUM OPINION AND ORDER Plaintiff Vincenzo Oppedisano brings this action against defendant Lynda Zur, his former girlfriend and, allegedly, his former business partner. Now pending is plaintiff’s motion for leave to file a second amended complaint. (Doc. #65). For the following reasons, the motion is DENIED. The Court has subject matter jurisdiction pursuant to 28 U.S.C. §1332. BACKGROUND I. The Complaint Plaintiff commenced this action by filing a complaint in Supreme Court, Orange County, on June 29, 2020. (Doc. #1-1 (“Compl.”)). Defendant removed the case to this Court on July 14, 2020, based on diversity of citizenship. On August 3, 2020, defendant moved to dismiss the complaint or, in the alternative, to transfer venue to the Southern District of Florida. (Doc. #7). The next day, the Court issued an order informing plaintiff that if he did not amend his complaint in response to the motion to dismiss, the Court would be “unlikely to grant plaintiff a further opportunity to amend.” (Doc. #10). Plaintiff filed an amended complaint on August 25, 2020. (Doc. #13 (“FAC”)). II. The Amended Complaint In the amended complaint, plaintiff alleges he and defendant were partners in an aviation business known as a “fixed-base operator” (or “FBO”) beginning in 2005.¹ (FAC

37-38). Plaintiff alleges he worked “tirelessly” for the partnership and that, through his “tremendous efforts and contributions…it attained a value of millions of dollars.” (Id.