Town Of Ramapo N.Y. et al v. Town of Clarkstown
| Town Of Ramapo N.Y., Ellen Stack, Sean Stack, Patricia Hendrick, Dan Daly and Mendel Taub |
| Town of Clarkstown and John Does 1-5 |
| 7:2016cv02004 |
| March 17, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Rockland |
| Nelson Stephen Roman |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
24
OPINION & ORDER re: 16 FIRST MOTION to Dismiss the Complaint filed by Town of Clarkstown. For the foregoing reasons, Defendants' motion to dismiss is GRANTED in part and DENIED in part. Plaintiff's claims are resolved as fol lows. The following claims are DISMISSED with prejudice to the extent they are premised upon the imposition of a barrier blocking the passage of public traffic across Samuel Road: Claim for interference with federal right to intrastate travel and i nterstate travel; Claims arising under 42 U.S.C. §§ 1981, 1982, 1983 and 1985(3)6; Fair Housing Act Claims; Claim based on First Amendment right to freedom of association. Additionally, First Amendment freedom of association claims ba sed on alternate theories are dismissed without prejudice. Plaintiff shall have until March 28, 2017 to amend the Complaint as to those claims that are dismissed without prejudice. Plaintiffs shall ensure that they allege sufficient factual content t o support their remaining claims, and conform with this Opinion for clarity. If Plaintiff elects to file an amended complaint, Defendants shall have until April 28, 2017 to move or file responsive pleadings. If Plaintiff does not file an amended co mplaint, Defendants shall have until sixty days from the date of this Order to file responsive pleadings. An initial case management and scheduling conference pursuant to Fed. R. Civ. P. 16 is scheduled for April 27, 2017 at 10:30 a.m., at the United States Courthouse, 300 Quarropas Street, Courtroom 218, White Plains, New York 10601. The parties shall confer in accordance with Fed. R. Civ. P. 26(f) at least 21 days prior to the conference and attempt in good faith to agree upon a proposed disco very plan that will ensure trial readiness within six months of the conference date. The parties shall also complete a Civil Case Discovery Plan and Scheduling Order and bring it to the conference. The Court respectfully directs the Clerk to terminate the motion at ECF No. 16. (Signed by Judge Nelson Stephen Roman on 2/27/2017) (mml)
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