Vuono et al v. Consolidated Edison of New York, Inc.
Robert Vuono, Jennifer Serrano, Wayne Huggins, Michael Salzano, Christopher Riley, Andrew Wiacek and David Galban |
Consolidated Edison of New York, Inc. |
1:2018cv01635 |
February 22, 2018 |
US District Court for the Southern District of New York |
Foley Square Office |
Richmond |
Richard J. Sullivan |
Americans with Disabilities - Other |
29 U.S.C. ยง 701 |
Plaintiff |
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Filing 56 OPINION AND ORDER: re: 48 MOTION to Dismiss Third Amended Complaint. filed by Consolidated Edison of New York, Inc. For the foregoing reasons, Defendant's motion to dismiss [Dkts. 48-49] is GRANTED. Plaintiffs' claims un der 42 U.S.C. § 12112(a) (Count One) are dismissed with prejudice. Plaintiffs' claims under 42 U.S.C. § 12112(d) (Count Two) are dismissed without prejudice, except Plaintiff Serrano's claim under that provision, which is dismi ssed with prejudice. Regarding the claims that have been dismissed without prejudice, Plaintiffs Vuono, Huggins, Salzano, Riley, Wiacek, and Galban must file any Fourth Amended Complaint, revised to correct the deficiencies identified above, no la ter than July 12, 2019. The FAC must be accompanied by a redline version showing the differences between the TAC and the FAC. If Plaintiffs do not file an FAC by that date, the Court will dismiss this case for failure to prosecute. If Plaintiffs file an FAC, Defendant must move against or answer the FAC no later than August 9, 2019. Plaintiffs' opposition to any motion is due no later than August 30, 2019. Defendants reply in support of its motion, if any, is due no later than Septem ber 6, 2019. If Defendant answers the FAC, the parties must appear for an initial pre-trial conference on August 23, 2019 at 10:00 a.m. No later than August 15, 2019, the parties must submit a joint pre-conference letter of no more than five page s addressing the following in separate paragraphs, as further set forth in this Order. The parties must append to their joint letter a jointly proposed Civil Case Management Plan and Scheduling Order. The parties are directed to consult the unde rsigneds Individual Practices in Civil Cases, which may be found on the Court's website: http://nysd.uscourts.gov/judge/Caproni (Amended Pleadings due by 7/12/2019. Motions due by 8/9/2019. Response due by 8/30/2019. Replies due by 9/6/2019.). (Initial Conference set for 8/23/2019 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/10/2019) (js) Modified on 6/11/2019 (tro). |
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