Ivey v. City of New York et al
| Kenneth Ivey |
| City of New York, Commissioner Dora B. Schriro, Mayor Michael Bloomberg and Commissioner Thomas r. Frieden |
| 1:2012cv03580 |
| May 4, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Paul A. Engelmayer |
| James C. Francis |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
55
OPINION& ORDER re: (29 in 1:12-cv-05668-PAE-JCF) MOTION to Dismiss re: (21) the Amended Complaint. filed by City of New York, (42 in 1:12-cv-03908-PAE-JCF) MOTION to Dismiss re: (35) the Amended Complaint. filed by Bloomberg, (4 4 in 1:12-cv-03580-PAE-JCF) MOTION to Dismiss (32) the Amended Complaint. filed by City of New York, Mayor Michael Bloomberg, Commissioner Thomas r. Frieden, Commissioner Dora B. Schriro, (30 in 1:12-cv-04170-PAE-JCF) MOTION to Dismiss re: (25) the Amended Complaint. filed by Dora B. Schriro, City of New York, (30 in 1:12-cv-04961-PAE-JCF) MOTION to Dismiss re: (18) the Amended Complaint. filed by Jean Richard, Dora B. Schriro, Mayor Bloomberg, City of New York , (40 in 1:12-cv-05155-PAE-JCF) MOTION to Dismiss re: (27) the Third Amended Complaint. filed by Jean Richards, Mayor Michael Bloomberg, Dora B. Schriro, City of New York. For the foregoing reasons, the Court adopts Judge Francis' s Report in full. Accordingly: The Amended Complaints of plaintiffs Ivey, Staton, Langston, and Powell are dismissed with prejudice. The Clerk of Court is directed to terminate the motions pending in case numbers 12 Civ. 3580, 12 Civ. 4170, 12 Civ. 4 961, 12 Civ. 5695 and to close those cases. The Amended Complaints of plaintiffs Williams, Straker, and Boston are dismissed with leave to file an Amended Complaint. The Clerk of Court is directed to terminate the motions pending in case numbers 12 Civ. 3908, 12 Civ. 5155, and 12 Civ. 5668, and to close those cases. Each case may be reopened without prejudice in the event that Williams, Straker, or Boston, respectively, files an Amended Complaint by January 31, 2014. Failure to file an amended complaint by that date, absent leave of the Court, will result in dismissal with prejudice. In their Amended Complaints, Williams, Straker, and Boston have leave to add any appropriate individual defendants, as well as any allegations that would sati sfy the elements of municipal liability. The Clerk of Court is respectfully directed to serve this Opinion and Order on each of the plaintiffs named in the caption at his address of record. (Signed by Judge Paul A. Engelmayer on 12/12/2013) (djc) Modified on 12/13/2013 (djc).
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