Rafferty v. Hempstead Union Free School District et al
| Robert Rafferty |
| Regina Armstrong, Fadhilika Atiba-Weza, Betty Cross, Rodney Gilmore, Hempstead Union Free School District and Hempstead Union Free School District School Board |
| 2:2018cv03321 |
| June 6, 2018 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Anne Y. Shields |
| Arthur D. Spatt |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
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Filing
36
ORDER granting in part and denying in part 30 Motion to Dismiss for Failure to State a Claim: See attached Memorandum and Order. The Court denies the Defendants' motion as it relates to the allegations about Defendant Cross and new s chool furniture. The Court grants Defendants' motion as it relates to the remaining allegations. The docket does not reflect any affidavit reflecting service upon Defendant Cross, who has not appeared, filed an answer, a motion seeking to ex tend the time to respond, or a motion to dismiss. Accordingly, Plaintiff is directed to show cause within 14 days why the action against Defendant Cross should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m). Ordered by Judge Denis R. Hurley on 11/30/2020. (Ready, John)
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Filing
26
MEMORANDUM OF DECISION & ORDER: For the foregoing reasons, the Court adopts the 23 R&R, in part, and sustains the Defendants' objections to the R&R, in part. The Court grants the Defendants' 14 motion to dismiss in its entirety. The Cou rt dismisses the first, third, fourth, fifth, sixth, seventh, and eighth causes of action with prejudice and without leave to replead. The Court dismisses the second cause of action without prejudice and with leave to replead to allege a First Amend ment retaliation claim as set forth above. The Plaintiff is directed to file an amended complaint no later than 30 days from the issuance of this opinion. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 10/28/2019. (Coleman, Laurie)
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