Rafiy et al v. The County of Nassau et al
| Long Island Spine & Orthopedics, P.C. and Philip M. Rafiy, M.D. |
| John and Jane Does #1-20, Emblemhealth, Inc./Group Health Incorporated, Empire Blue Cross Blue Shield, Nassau County District Attorney, National Government Services, Inc., Diane Peress, Kathleen Rice, The County of Nassau, United Healthcare, Unknown Entities/Individuals #1-20, William Walsh and Andrew Weiss |
| 2:2015cv06497 |
| November 12, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F. Bianco |
| Gary R. Brown |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
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Filing
127
ORDER ADOPTING REPORT AND RECOMMENDATIONS - For the reasons set forth above, plaintiff's objections are overruled, the Report is accepted in its entirety and, for the reasons set forth therein, the County Defendants' motion for summary judg ment pursuant to Rule 56 of the Federal Rules of Civil Procedure is granted to the extent set forth in the Report; the County Defendants are granted judgment as a matter of law dismissing plaintiff's federal claims against them in their entirety with prejudice; and plaintiff's state law claims are dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). Pursuant to 28 U.S.C. § 1367(d), the statute of limitations for any state law claims timely filed with this Court is tolled for a period of 30 days after the date of this order unless a longer tolling period is otherwise provided under state law. The Clerk of the Court shall enter judgment in accordance with this Order and close this case. SO Ordered by Judge Sandra J. Feuerstein on 12/20/2019. (Tirado, Chelsea)
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Filing
79
ORDER granting 51 Motion to Dismiss for Failure to State a Claim. For the reasons stated herein, defendant NGS's motion to dismiss is granted in full for lack of subject matter jurisdiction and for failure to state a claim. Accordingly, plaintiffs' claims against NGS are dismissed with prejudice. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/4/2017. (Zbrozek, Alex)
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