Clemmons v. Feltz et al
||Anthony Leon Clemmons
||John R. Feltz, Andrew Hodes, David Plumb, Gerald Lorraine, Nancy F. Eischen and James Walker
||November 16, 2015
||US District Court for the Southern District of New York
||Foley Square Office
||XX Out of State
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|September 26, 2017
MEMO OPINION re: 48 MOTION to Dismiss Notice of Motion. filed by Gerald Lorraine, Transport Workers Union of America, 58 MOTION to Dismiss Complaint. filed by Andrew Hodes, Metro North Railroad, David Plumb, Ja mes Walker. For the foregoing reasons, the Union Defendants motion to dismiss the SAC under Rule 12(b)(6) is GRANTED. The Metro-North Defendants motion to dismiss under Rule 12(b)(1) is DENIED, but their motion to dismiss under Rule 12(b)(6) is GRANTED. Defendant Plumbs motion to dismiss under Rule 12(b)(2) is GRANTED. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Katherine Polk Failla on 9/26/2017) (js)
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