Gallagher v. Board of Education of East Hampton Union Free School District

Justia Dockets & Filings Second Circuit New York Eastern District Gallagher v. Board of Education of East Hampton Union Free School District

Gallagher v. Board of Education of East Hampton Union Free School District

Plaintiff:	Dawn Gallagher
Defendant:	Board of Education of East Hampton Union Free School District
Case Number:	2:2016cv00473
Filed:	January 29, 2016
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Sandra J. Feuerstein
Presiding Judge:	Steven I. Locke
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 9, 2018	Filing 27 ORDER ADOPTING REPORT AND RECOMMENDATIONS - For the reasons set forth herein, (i) plaintiff's objection, in essence, that the Report filed to consider her Fourteenth Amendment substantive due process claim based upon defendant's alleged vio lations of N.Y. Civ. Serv. Law § 75(3) is sustained; (ii) the Report is modified in accordance with this Order to provide that plaintiff's Fourteenth Amendment substantive due process claims based upon defendant's alleged violations of N.Y. Civ. Serv. Law § 75(3) are dismissed in their entirety with prejudice for failure to state a claim for relief; (iii) plaintiff's objections are otherwise overruled and the Report, as modified, is accepted in its entirety; (iv) plainti ff's request for leave to file a second amended complaint is denied; and (v) for the reasons set forth in the Report, as modified in accordance with this Order, defendant's motion seeking to dismiss plaintiff's claims against it in the amended complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is granted and plaintiff's claims against defendant in the amended complaint are dismissed in their entirety with prejudice for failure to state a claim for relief. The Clerk of the Court shall enter judgment in favor of defendant and close this case. SO Ordered by Judge Sandra J. Feuerstein on 2/9/2018. (Tirado, Chelsea)
March 24, 2017	Filing 15 AMENDED OPINION & ORDER - Accordingly, plaintiffs cross motion pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure for leave to amend the complaint is granted to the extent that plaintiff may serve and file an amended complaint by no later than April 24, 2017, or she will be deemed to have waived her right to file an amended complaint; and defendants motion to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is denied with leave to renew in the event plaintiff fails to serve and file an amended complaint in accordance with this Order. SO Ordered by Judge Sandra J. Feuerstein on 3/24/2017. (Tirado, Chelsea)

Date Filed

Document Text

February 9, 2018

Filing 27 ORDER ADOPTING REPORT AND RECOMMENDATIONS - For the reasons set forth herein, (i) plaintiff's objection, in essence, that the Report filed to consider her Fourteenth Amendment substantive due process claim based upon defendant's alleged vio lations of N.Y. Civ. Serv. Law § 75(3) is sustained; (ii) the Report is modified in accordance with this Order to provide that plaintiff's Fourteenth Amendment substantive due process claims based upon defendant's alleged violations of N.Y. Civ. Serv. Law § 75(3) are dismissed in their entirety with prejudice for failure to state a claim for relief; (iii) plaintiff's objections are otherwise overruled and the Report, as modified, is accepted in its entirety; (iv) plainti ff's request for leave to file a second amended complaint is denied; and (v) for the reasons set forth in the Report, as modified in accordance with this Order, defendant's motion seeking to dismiss plaintiff's claims against it in the amended complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is granted and plaintiff's claims against defendant in the amended complaint are dismissed in their entirety with prejudice for failure to state a claim for relief. The Clerk of the Court shall enter judgment in favor of defendant and close this case. SO Ordered by Judge Sandra J. Feuerstein on 2/9/2018. (Tirado, Chelsea)

March 24, 2017

Filing 15 *AMENDED* OPINION & ORDER - Accordingly, plaintiffs cross motion pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure for leave to amend the complaint is granted to the extent that plaintiff may serve and file an amended complaint by no later than April 24, 2017, or she will be deemed to have waived her right to file an amended complaint; and defendants motion to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is denied with leave to renew in the event plaintiff fails to serve and file an amended complaint in accordance with this Order. SO Ordered by Judge Sandra J. Feuerstein on 3/24/2017. (Tirado, Chelsea)

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Defendant: Board of Education of East Hampton Union Free School District
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Plaintiff: Dawn Gallagher
Represented By:	Lawrence E. Kelly
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