Black Lives Matter et al v. Town of Clarkstown et al
| Black Lives Matter, Jerlyne Calixte, Vanessa Green, Dominique McGregor, Weldon McWilliams IV and Everett Newton |
| The Town of Clarkstown, Michael Sullivan, Stephen Cole-Hatchard and John and Jane Doe |
| 7:2017cv06592 |
| August 30, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Nelson Stephen Roman |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
56
OPINION & ORDER re: 43 MOTION to Dismiss filed by The Town of Clarkstown, 40 MOTION to Dismiss filed by Michael Sullivan, 48 MOTION to Dismiss for Lack of Jurisdiction filed by Stephen Cole-Hatchard. For the foregoing reasons, Defendants' motions to dismiss Plaintiffs' Amended Complaint are GRANTED in part and DENIED in part. Defendants' motions to dismiss Plaintiff Black Lives Matter for lack of standing are GRANTED. D efendants' motions to dismiss remaining Plaintiffs' First Amendment claims are DENIED, and Defendants' motions to dismiss remaining Plaintiffs' Fourteenth Amendment claims are GRANTED. Defendant Sullivan's motion to dism iss is GRANTED for lack of personal involvement. Plaintiffs are granted leave to re-plead in conformity with this Opinion. The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 40, 43, and 48. Plaintiffs must fi le any amended pleading by December 14, 2018. If Plaintiffs fail to file an amended pleading by December 14, 2018, Plaintiffs' claims against Defendant Sullivan will be dismissed with prejudice and Plaintiffs Black Lives Matter and Def endant Sullivan will be removed from the case caption. Defendants are directed to file an answer to Plaintiffs' amended pleading, or the existing Amended Complaint if no amended pleading is filed by December 14, 2018, by January 14, 2019. Th e parties are directed to appear before this Court for an initial pre-trial conference on January 17, 2019 at 11:30 AM. The parties are further directed to confer, complete, and submit to the Court the attached case management plan before the initial pre-trial conference. This constitutes the Court's Opinion and Order. (Signed by Judge Nelson Stephen Roman on 11/14/2018) (mro)
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