Brevil v. Rockland County et al
| Marie Brevil |
| Rockland County and Department of Social Services |
| 1:2015cv05103 |
| June 30, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Rockland |
| Loretta A. Preska |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing
64
OPINION AND ORDER re: 51 MOTION to Dismiss Amended Complaint. filed by John Fella, Scott Firestone, P.T. Thomas, Rockland County, Ed Day, Ram Nagubandi, Barbara Gavin, June Gray, Department of Social Services, Susan Sherwood , Joseph Filippone, Joan Silvestri, Carla Ortiz, Scott Vanderhoef. Defendants' motion to dismiss the amended complaint is GRANTED. Plaintiff is granted leave to amend her claims for violations of Title VII, NYSHRL, Section 1983, the First an d Fourteenth Amendments, and for intentional and negligent infliction of emotional distress. The remainder of plaintiff's claims may not be repleaded. In addition, DSS may not be named as a defendant in the second amended complaint. Plaintiff sh all file her second amended complaint by no later than December 1, 2017. If plaintiff fails to comply with this Order, the case may be dismissed for failure to prosecute or failure to comply with a court order. Fed. R. Civ. P. 41(b). The Court certif ies pursuant to 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). The Clerk is instructed to terminate the motion (Doc. #51) and terminate the Department of Social Services as a defendant. SO ORDERED., (Department of Social Services terminated.) (Signed by Judge Vincent L. Briccetti on 10/25/17) (yv)
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