Guttilla v. City of New York et al
| Lisa Guttilla |
| City of New York, Dennis Walcott, Theresa Europe, Michael Mulgrew, Claude Hersh, Steven Friedman, Joseph Gogliormella, David B. Harman and Jodi Cohen |
| 1:2014cv00156 |
| January 10, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| J. Paul Oetken |
| Other Statutory Actions |
| 42 U.S.C. ยง 2000 |
| None |
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Filing
92
OPINION AND ORDER re: 64 MOTION to Dismiss Amended Complaint. filed by Michael Mulgrew, 68 MOTION to Dismiss Amended Complaint. filed by David B. Harman, 60 MOTION to Dismiss Amended Complaint. filed by Claude Hersh, Steven Friedman, 70 MOTION to Dismiss Amended Complaint. filed by Theresa Europe, Joseph Gogliormella, Jodi Cohen, City of New York. After a thorough review of Guttilla's submissions, the Court concludes that the A mended Complaint adds few new non-conclusory allegations, and those additional allegations do not affect the Courts prior analysis. Accordingly, the motions to dismiss are GRANTED for the foregoing reasons as well as the reasons set forth in the Cour t's Opinion and Order of February 3, 2015. See Weslowski v. Zugibe, 96 F. Supp. 3d 308, 316-17 (S.D.N.Y. 2015) (collecting cases that apply the law of the case from one complaint to a similar amended complaint). This dismissal does not reach the merits of Guttilla's state-law claims. Here, as before, those claims are dismissed because "the Court declines to exercise supplemental jurisdiction" over them. Guttilla, 2015 WL 437405, at *11. The Clerk of Court is directed to close the motions at Docket Numbers 60, 64, 68, and 70, and to close this case. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 3/29/2016) Copies Mailed By Chambers. (kgo)
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Filing
50
OPINION AND ORDER: re: 32 MOTION to Dismiss the Complaint filed by Theresa Europe, Joseph Gogliormella, Jodi Cohen, City of New York, 24 MOTION to Dismiss the Complaint, dated 3/19/14 filed by Michael Mulgrew, 16 MOTION to Dismiss filed by Claude Hersh, Steven Friedman, 22 MOTION to Dismiss / Notice of Motion filed by David B. Harman., For the foregoing reasons, Defendants' motions to dismiss are GRANTED, and the complaint is dismissed. Guttilla's request for leave to file an amended complaint (Opp. at 69) is also GRANTED. See Fed R. Civ. P. 15(a)(2) ("The court should freely give leave [to amend the complaint] when justice so requires."). Any amended complaint shall be filed on or before March 4, 2015. The Clerk of Court is directed to close the motions at Docket Numbers 16, 22, 24, and 32.SO ORDERED.( Amended Pleadings due by 3/4/2015.), Motions terminated: 24 MOTION to Dismiss the Complaint, dated 3 /19/14. filed by Michael Mulgrew, 32 MOTION to Dismiss the Complaint. filed by Theresa Europe, Joseph Gogliormella, Jodi Cohen, City of New York, 16 MOTION to Dismiss. filed by Claude Hersh, Steven Friedman, 22 MOTION to Dismiss / Notice of Motion. filed by David B. Harman. (Signed by Judge J. Paul Oetken on 2/03/2015) Copies Mailed By Chambers. (ama)
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