Case v. Anderson et al
| Elaine Case |
| Adrian H. Anderson, John Doe (1), Richard Roe (1), County Of Dutchess, Ronald J. Knapp, City of Poughkeepsie, Ronald J. Spero, John Doe (2), Richard Roe (2), Town of Poughkeepsie and Westchester Medical Center Health Care Corporation |
| Westchester Medical Center Health Care Corporation |
| Westchester Medical Center Health Care Corporation, Adrian H. Anderson, City of Poughkeepsie, County Of Dutchess, John Doe (1), John Doe (2), Ronald J. Knapp, Richard Roe (1), Richard Roe (2), Ronald J. Spero and Town of Poughkeepsie |
| 7:2016cv00983 |
| February 9, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Dutchess |
| Nelson Stephen Roman |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Both |
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Filing
130
OPINION & ORDER re: 88 MOTION to Dismiss filed by City of Poughkeepsie, 85 CROSS MOTION to Amend/Correct 49 Amended Complaint, filed by Elaine Case, 97 MOTION to Dismiss filed by County Of Dutchess , Adrian H. Anderson, 78 MOTION to Dismiss filed by Westchester Medical Center Health Care Corporation, 114 FIRST MOTION to Dismiss filed by Correctional Medical Care Inc., 109 MOTION to Dismiss filed by Ronald J. Spero, Town of Poughkeepsie. For the foregoing reasons, Plaintiff's motion seeking leave to amend her complaint is GRANTED, and Defendants' motions to dismiss are GRANTED in pair and DENIED in part. Plaintiff has withdrawn he r § 1983 claims against the City and Town, as well as their respective police chiefs. She has also withdrawn her § 1983 claims against CMC. These claims are dismissed. Additionally, Plaintiff has failed to state a claim for wrongful deat h under New York law, and those claims are dismissed without prejudice with leave to amend. Plaintiff's other claims survive in accordance with this Opinion. On the basis of CMC and the Town's cross-motions to dismiss the Hospital's counterclaims of indemnification, those claims are also dismissed against all Defendants. The Hospital's counterclaims of contribution, however, are not dismissed. The Clerk of the Court is respectfully directed to terminate the motions at EC F Nos. 78, 85, 88, 97, 109 & 114. Plaintiff shall file the proposed Third Amended Complaint on or before September 18, 2017. The only modifications to the proposed complaint allowed by this Order include a) clarifying which causes of action are ass e1ted directly against the City, and b) adding allegations, if any exist, regarding Plaintiff's loss in support of the dismissed wrongful death claims. Defendants are directed to thereafter file an answers, if any, to the Third Amended Complaint on or before October 16, 2017. The parties are directed to inform Judge McCarthy ofthis Court's ruling in writing before September 18, 2017. (As further set forth in this Order.) (Signed by Judge Nelson Stephen Roman on 8/25/2017) (cf)
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