Ercolani v. Mousso et al
| David B. Ercolani |
| Paul Mousso, Cheryl M. Rozzi and Bill Reilich |
| 6:2016cv06546 |
| August 7, 2016 |
| US District Court for the Western District of New York |
| Rochester Office |
| Albany |
| Charles J. Siragusa |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
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DECISION AND ORDER granting 6 Motion to Dismiss. Defendants' motion [#6] to dismiss is granted, and Plaintiff's cross-motion to amend [#9] is denied. Plaintiff has not specifically requested a further opportunity to amend. However, the Court does not believe that a further opportunity to amend is warranted. Plaintiff has already made three unsuccessful attempts to state a claim. Moreover, Plaintiff's submissions establish that he cannot presently make a plausible showing th at he is similarly situated, let alone to an extremely high degree, to the persons (comparators) who may have complained to the Town about the conditions at 198 Luddington Lane, 50 Castle Grove Drive, 114 Emberglow Lane and 16 Parham Drive. Instead, his submissions show, at most, the mere possibility of such similarity, which he hopes to establish through discovery. However, "Twombly rejected th[at] approach." Biro v. Conde Nast, 807 F.3d 541, 546 (2d Cir. 2015) (citation omitted). Consequently, there is no reason to believe that further amendment would be productive, and the action is dismissed with prejudice. The Clerk of the Court is directed to close this action.Signed by Hon. Charles J. Siragusa on 3/20/17. (KAP)-CLERK TO FOLLOW UP-
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