Costello et al v. The Town of Huntington
James Costello and JCRL Development Corp. |
The Town of Huntington |
2:2014cv02061 |
April 1, 2014 |
US District Court for the Eastern District of New York |
Central Islip Office |
Gary R. Brown |
Joanna Seybert |
Civil Rights: Accomodations |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
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Filing 14 MEMORANDUM & ORDER granting in part and denying in part 7 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 10 Motion to Amend/Correct/Supplement; For the foregoing reasons, Defendant's motion to dismiss (Docket Entry 7), considered as directed at the proposed Amended Complaint, is GRANTED IN PART and DENIED IN PART. Specifically, Defendant's motion to dismiss is DENIED with respect to JCRL's claims arising under the First Amendment, the F HA, 42 U.S.C. § 1981, and 42 U.S.C. § 1982; Defendant's motion is otherwise GRANTED. All of the claims alleged on behalf of Costello are DISMISSED WITH PREJUDICE, and JCRL's Equal Protection, Substantive Due Process, and Fourth Am endment Claims are DISMISSED WITH PREJUDICE. Concurrently, Plaintiffs' cross-motion for leave to file an amended complaint (Docket Entry 10) is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to JCRL's First Amendment, FHA, 42 U.S.C. § 1981, and 42 U.S.C. § 1982 claims. So Ordered by Judge Joanna Seybert on 3/25/2015. C/ECF (Valle, Christine) |
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