Stager v. New Beginnings Home Care Inc.

Justia Dockets & Filings Second Circuit New York Northern District Stager v. New Beginnings Home Care Inc.

Stager v. New Beginnings Home Care Inc.

Plaintiff:	Joseph W. Stager, Jr.
Defendant:	New Beginnings Home Care Inc.
Case Number:	5:2015cv01533
Filed:	December 28, 2015
Court:	US District Court for the Northern District of New York
Office:	Syracuse Office
County:	Cayuga
Presiding Judge:	Therese Wiley Dancks
Presiding Judge:	Gary L. Sharpe
Nature of Suit:	Americans with Disabilities - Other
Cause of Action:	42 U.S.C. § 12101
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 26, 2016	Filing 10 ORDER - ORDERED that the Report and Recommendation (Dkt. No. 8) isADOPTED in its entirety; and it is further ORDERED that Stager's complaint (Dkt. No. 1) is DISMISSED as setforth below; and it is further ORDERED that Stager's HIPPA claim is DISMISSED withprejudice, and his ADA claim is DISMISSED with leave to amend in theevent he is able to show exhaustion of his administrative remedies andtimely filing of his complaint; and it is further ORDERED that Stager's stat e law claims are DISMISSED withleave to refile in the event he files an amended complaint as set forthabove because the court declines to exercise supplemental jurisdictionover them; and it is further ORDERED that Stager is granted leave to amend the complaint toallege facts to establish diversity of citizenship for his state law claims ifany such facts exist; and it is further ORDERED that, if Stager elects to file an amended complaint, heshall provide a short, plaint statements of the relevant facts, in separatelynumbered paragraphs consisting of the statement of a single set ofcircumstances, set forth in chronological order and supporting each claimas required by Federal Rules of Civil Procedure 8(a) and 10(b); and it i s further ORDERED that, if Stager wishes to proceed with this action, he mustfile an amended complaint as directed above within thirty (30) days fromthe filing date of this Order; and it is further ORDERED that, if Stager fails to timely file an amended complaint asdirected above, the Clerk shall enter judgment dismissing this case withoutfurther order of this court. Signed by Senior Judge Gary L. Sharpe on 9/26/2016. (jel, )

Date Filed

Document Text

September 26, 2016

Filing 10 ORDER - ORDERED that the Report and Recommendation (Dkt. No. 8) isADOPTED in its entirety; and it is further ORDERED that Stager's complaint (Dkt. No. 1) is DISMISSED as setforth below; and it is further ORDERED that Stager's HIPPA claim is DISMISSED withprejudice, and his ADA claim is DISMISSED with leave to amend in theevent he is able to show exhaustion of his administrative remedies andtimely filing of his complaint; and it is further ORDERED that Stager's stat e law claims are DISMISSED withleave to refile in the event he files an amended complaint as set forthabove because the court declines to exercise supplemental jurisdictionover them; and it is further ORDERED that Stager is granted leave to amend the complaint toallege facts to establish diversity of citizenship for his state law claims ifany such facts exist; and it is further ORDERED that, if Stager elects to file an amended complaint, heshall provide a short, plaint statements of the relevant facts, in separatelynumbered paragraphs consisting of the statement of a single set ofcircumstances, set forth in chronological order and supporting each claimas required by Federal Rules of Civil Procedure 8(a) and 10(b); and it i s further ORDERED that, if Stager wishes to proceed with this action, he mustfile an amended complaint as directed above within thirty (30) days fromthe filing date of this Order; and it is further ORDERED that, if Stager fails to timely file an amended complaint asdirected above, the Clerk shall enter judgment dismissing this case withoutfurther order of this court. Signed by Senior Judge Gary L. Sharpe on 9/26/2016. (jel, )

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Plaintiff: Joseph W. Stager, Jr.
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Defendant: New Beginnings Home Care Inc.
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