Doe v. East Irondequoit Central School District et al
Jane Doe |
East Irondequoit Central School District, East Irondequoit Central School District Board of Education, Susan Allen, John Abbott, Kathy Callon, Renaldo Vega and Phillip Oberst |
6:2016cv06594 |
August 25, 2016 |
US District Court for the Western District of New York |
Rochester Office |
Monroe |
Charles J. Siragusa |
Other Personal Injury |
42 U.S.C. ยง 1983 |
Both |
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Filing 26 DECISION AND ORDER denying 23 Motion for Leave to File Second Amended Complaint; granting in part and denying in part 14 Motion to Dismiss for Failure to State a Claim. Movant's application [#14] to dismiss the Amended Complaint is denied i nsofar as it is based upon Fed.R.Civ.P. 12(b)(1), but is granted in its entirety insofar as it is based upon Fed.R.Civ.P. 12(b)(6). All claims against the School District, School Board, Allen, Abbott, Oberst and Callon are dismissed with prejudice. Vega, who has not moved to dismiss the Amended Complaint, is the sole remaining defendant. The remaining claims in this action are Count II insofar as it is asserted against Vega, and Counts VIII, IX and X which are asserted solely against Vega. By separate order the Court will refer this action to a United States Magistrate Judge, who will oversee discovery and other pretrial matters. Signed by Hon. Charles J. Siragusa on 5/7/18. (KAP)-CLERK TO FOLLOW UP- |
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