Parent and Student v. Pittsford Central School District et al
Parent and Student |
Pittsford Central School District, Michael Pero, Karl Thielking, Laura Hefner, Michael Leone and Andrew Bellush |
6:2015cv06366 |
June 18, 2015 |
US District Court for the Western District of New York |
Rochester Office |
Monroe |
Charles J. Siragusa |
Americans with Disabilities - Other |
42 U.S.C. ยง 1983 |
Plaintiff |
Available Case Documents
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Filing 44 DECISION AND ORDER granting 36 Motion to Dismiss for Failure to State a Claim. Defendants motion to dismiss [#36] is granted. The first, second, seventh and eighth causes of action are dismissed without prejudice, pursuant to FRCP 12(b)(1). See, J etBlue Airways Corp. v. CopyTele Inc., 629 F. App'x 44, 45 (2d Cir. 2015) ([W]here a court lacks subject matter jurisdiction, it also lacks the power to dismiss with prejudice.) (quoting Hernandez v. Conriv Realty Assocs., 182 F.3d 121, 123 (2d Cir. 1999)). The remaining causes of action are dismissed without prejudice, pursuant to 28 U.S.C. § 1367(c)(3). The Clerk of the Court is directed to close this action.Signed by Hon. Charles J. Siragusa on 2/17/17. (KAP)-CLERK TO FOLLOW UP- |
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