Bertram v. Metropolitan Transportation Authority et al
| James Bertram |
| Metropolitan Transportation Authority, Kathleen Finneran, Robert Terrett, Kevin Kieran, John Fitzpatrick, Gregory Buehler and Ryan Russell |
| 1:2013cv00338 |
| January 15, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronnie Abrams |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1441 Petition for Removal - Employment Discrim |
| Both |
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Filing
15
OPINION AND ORDER re: 10 MOTION to Dismiss Amended Complaint filed by Kathleen Finneran, Kevin Kieran, Metropolitan Transportation Authority, John Fitzpatrick, Gregory Buehler, Ryan Russell, Robert Terrett. For the foregoing reasons, Defenda nts' Motion to Dismiss is granted and Plaintiff's Complaint is dismissed in its entirety. Defendants' request for dismissal with prejudice, however, is denied. See Cortec Indus., Inc. v. Sum Holding L.P., 949 F.2d 42, 48 (2d Cir. 1991) ("It is the usual practice upon granting a motion to dismiss to allow leave to replead."); Fed. R. Civ. P. 15(a)(2) ("The court should freely give leave [to amend pleadings] when justice so requires."). Plaintiff has thirty days to file a second amended complaint, provided that he has a good faith basis for doing so. Otherwise, the case will be closed and all of Plaintiff's federal lawclaims will be deemed dismissed with prejudice. The Clerk of Court is respectfully directed to close the motion at docket number 10. (Signed by Judge Ronnie Abrams on 2/26/2014) (lmb)
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