UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff, -against- 24 CIVIL 2585 (DEH) JUDGMENT UNIVERSAL MUSIC PUBLISHING, INC, Defendant. wn K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 23, 2025, Defendant’s Motion to Dismiss is GRANTED. Under Rule 15, “[t]he court should freely give leave when justice so requires.” Fed. R. Civ. P. 15(a)(2). That said, courts may deny leave to amend in cases of futility. See, e.g., Foman v. Davis,

(1962). “Futility arises when a proposed amended complaint could not withstand a motion to dismiss.” Singh v. Deloitte LLP,

, 93 (2d Cir. 2024). Here, amendment would be futile because TufAmerica cannot plead facts sufficient to establish the “substantial similarity” between “Impeach the President” and “Real Love.” Therefore, this case is DISMISSED WITH PREJUDICE; accordingly, the case is closed. Dated: New York, New York September 23, 2025 TAMMI M. HELLWIG ClerkofCourt

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