Santucci et al v. Levine et al
| Dennis Santucci and Kimberley Santucci |
| Michael Levine, Willis Stephens, Tony Hay and Town of Southeast, NY |
| 7:2017cv10204 |
| December 29, 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
69
MEMORANDUM OPINION AND ORDER re: 59 MOTION to Dismiss Plaintiffs' Second Amended Complaint pursuant to FRCP 12(b)(6). filed by Town of Southeast, NY, Tony Hay, Willis Stephens, Michael Levine. Based upon the foregoing, D efendants' motion to dismiss is GRANTED in part. The first, second, third, and fourth claims for relief, along with the fifth claim for relief insofar as it is pressed against Hay in his official capacity, are DISMISSED. Plaintiffs' fift h claim for relief, to the extent that it is stated against the Town and Hay in his individual capacity, shall proceed to discovery. Defendants are directed to file an Answer to the SAC within fourteen (14) days of the date of this Memorandum Opi nion and Order. The Court will issue an Initial Pretrial Conference Order and set a conference date in short order. The Clerk of the Court is directed to terminate motion sequence pending at Doc. 59. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/8/2021) (ks)
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Filing
52
OPINION & ORDER re: 43 MOTION to Dismiss Plaintiffs' First Amended Complaint. filed by Town of Southeast, NY, Tony Hay, Willis Stephens, Michael Levine., For the foregoing reasons, Defendants' motion to dismiss is GRANTE D. Plaintiff shall have until September 12, 2019 to file a second amended complaint concerning those claims dismissed without prejudice. Otherwise said claims shall be deemed dismissed with prejudice. Should Plaintiffs file a second amended compla int, Defendants will have thirty days from the date of the complaint's filing to answer or respond. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 43. Amended Pleadings due by 9/12/2019. (Signed by Judge Nelson Stephen Roman on 8/8/2019) (rj)
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