Overby v. Fabian et al
| Micah Overby |
| Wendell Eric Fabian, Tariq Akram, Staples The Office Superstore East, Inc., Gianpaolo Dilisio, Montesano, Village of Elmsford, Elmsford Police Department and John and Jane Doe 1 through 10 |
| 7:2017cv03377 |
| May 5, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Cathy Seibel |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
66
OPINION & ORDER re: 56 MOTION to Dismiss filed by Stephen Foster, Elmsford Police Department, Montesano, Gianpaolo Dilisio, Village of Elmsford, 50 MOTION to Dismiss 49 The First Amended Complaint filed by S taples The Office Superstore East, Inc., Wendell Eric Fabian, Tariq Akram. For the reasons stated above, the Elmsford Defendants' motion, (Doc. 56) is GRANTED, and the Staples Defendants' motion, (Doc. 50), is GRANTED. The feder al claims (Claims One, Two, Four, Eight, Nine, and Ten) are dismissed with prejudice. The following claims, having been withdrawn, are also dismissed with prejudice: (1) all claims against Akram and the EPD; (2) all negligence claims again st Staples and Fabian; (3) intentional infliction of emotional distress (Claim Six); and (4) negligent infliction of emotional distress (Claim Seven). The remaining state claims (Claims Three, Five, and Eleven) are dismissed without prejudice. The Clerk of Court is respectfully directed to terminate the pending motions, (Docs. 50, 56), and close the case. (Signed by Judge Cathy Seibel on 7/10/2018) (mro)
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