Williams v. Metro North Railroad et al
| Derick Louis Williams |
| Metro North Railroad, Allen Rossney, Kevin Roger and Trevor Havard |
| 1:2016cv01141 |
| February 9, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| James C. Francis |
| Lewis A. Kaplan |
| Employment |
| 42 U.S.C. ยง 2000 |
| None |
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| Document Text |
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Filing
31
ORDER adopting 26 Report and Recommendations, granting 17 Motion to Dismiss filed by Metro North Railroad. The motion of defendant Metro North Railroad to dismiss the complaint for failure to state a claim upon which relief may b e granted [DI 17] is granted, substantially for the reasons set forth in the report and recommendation of Magistrate Judge James C. Francis IV. Assuming arguendo that plaintiff's letters subsequent to the report and recommendation are objec tions, they are overruled. Plaintiff on or before October 12, 2016 may file an amended complaint in an effort to state a legally sufficient claim for relief. Any amended complaint may include the matters referred to in his most recent letter. The C ourt notes also that the docket discloses no proof of service on any of the individual defendants despite the fact that well over 90 days have elapsed since the commencement of the action. Absent the filing, on or before October 12, 2016, of proo f of due service on the individual defendants or of good cause for granting an extension of time within which to make service, the action will be dismissed as to any unserved defendant pursuant to Fed. R. Civ. P. 4(m). (Signed by Judge Lewis A. Kaplan on 9/26/2016) (mro)
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Filing
26
REPORT AND RECOMMENDATION re: 2 Complaint filed by Derick Louis Williams, 17 MOTION to Dismiss the Complaint. filed by Metro North Railroad. For the reasons discussed above, Metro-North's motion to dismiss (Docket no. 17) shou ld be granted, and the plaintiff be accorded an opportunity to file an amended complaint. (As further set forth in this Order.) Objections to R&R due by 9/5/2016 (Signed by Magistrate Judge James C. Francis on 8/17/2016) Copies Mailed By Chambers. (cf)
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