White -v- U of R

White -v- U of R

Plaintiff:	Marsha White
Defendant:	Uiversity of Rochester
Case Number:	6:2012cv06288
Filed:	May 29, 2012
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Monroe
Presiding Judge:	Charles J. Siragusa
Nature of Suit:	Americans with Disabilities - Employment
Cause of Action:	28 U.S.C. § 451
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 20, 2012	Filing 7 DECISION AND ORDER granting 3 Motion to Dismiss the third cause of action.. Defendants motion [#3] to dismiss the third cause of action is granted, without prejudice to Plaintiff later bringing a motion to amend the Complaint to re-plead a claim un der ERISA. See, Stern v. General Elec. Co., 924 F.2d 472, 477 (2d Cir. 1991) ([D]ismissals for insufficient pleadings are ordinarily with leave to replead.) (citation omitted). Of course, any such application would need to be supported by plausible factual allegations and comply with FRCP 11(b). Signed by Hon. Charles J. Siragusa on 8/20/12. (KAP)

Date Filed

Document Text

August 20, 2012

Filing 7 DECISION AND ORDER granting 3 Motion to Dismiss the third cause of action.. Defendants motion [#3] to dismiss the third cause of action is granted, without prejudice to Plaintiff later bringing a motion to amend the Complaint to re-plead a claim un der ERISA. See, Stern v. General Elec. Co., 924 F.2d 472, 477 (2d Cir. 1991) ([D]ismissals for insufficient pleadings are ordinarily with leave to replead.) (citation omitted). Of course, any such application would need to be supported by plausible factual allegations and comply with FRCP 11(b). Signed by Hon. Charles J. Siragusa on 8/20/12. (KAP)

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Defendant: Uiversity of Rochester
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Plaintiff: Marsha White
Represented By:	Theodore S. Kantor
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