Chabot v. Day et al
| Joseph Chabot |
| Edwin J Day, County Of Rockland, Patricia Giblin, The Board of Elections in the County of Rockland, John Does and Jane Does 1-5 |
| 7:2018cv04109 |
| May 8, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Rockland |
| Kenneth M. Karas |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
86
ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reope n the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely o n that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty day period to be "so ordered " by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are denied. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/14/2020) (jca)
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Filing
80
OPINION AND ORDER: For the foregoing reasons, the Court grants Defendants' Motions To Dismiss with respect to Plaintiff's state law claims and denies Defendants' Motions with respect to Plaintiff's First Amendment retaliation c laim. The Court dismisses Stavisky from the case and dismisses the claims against Giblin in her official capacity. The claims that are dismissed are dismissed with prejudice, as Plaintiff has already twice amended, including in response to Defendan ts' pre-motion letters raising the arguments addressed in the instant Opinion, and based on conversations with opposing counsel and the Court during conferences. Justice v. McGovern, No. 11-CV-5076, 2013 WL 1809634, at *3 (E.D.N.Y. Apr. 29, 2 013) ("Although when a motion to dismiss is granted, the usual practice is to grant leave to amend the complaint, when the plaintiff is put on notice of the deficiencies in his complaint and fails to correct them in the amended complaint[,] d ismissal with prejudice is proper" (citation, some alterations, and quotation marks omitted)); Tyler v. Liz Claiborne, Inc., 814 F. Supp. 2d 323, 344 (S.D.N.Y. 2011) ("[A]s plaintiff has already amended his complaint twice, dismissal with prejudice is appropriate at this stage in the litigation." (citation omitted)).The Clerk of Court is respectfully direct to terminate the pending Motions. (Dkt. Nos. 64, 71.) The Court will hold a Status Conference on September 11, 2019 at 2:00pm. SO ORDERED. Patricia Giblin (individually) and Kristen Zebrowski Staviski terminated., (Status Conference set for 9/11/2019 at 02:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 7/25/2019) (jca)
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