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13-12108 - Ardito v. Department of Treasury et al

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13-12108 - Ardito v. Department of Treasury et al
February 3, 2014
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Ch. Magistrate Judge Leo T. Sorokin: ORDER entered granting 9 Motion to Dismiss for Failure to State a Claim and for Lack of Jurisdiction. Plaintiff's Complaint is DISMISSED without prejudice to Plaintiff filing, within fourteen days, a motion to amend the Complaint, attaching to the motion a proposed draft Complaint, which must plead, sufficiently, her exhaustion of administrative remedies as well as all other requirements for a complaint. In the event that Plaintiff does not file such motion within fourteen days, the Court will enter judgment of dismissal without prejudice, and close this case.The Court also grants in part and denies in part 15 Motion to Amend. Plaintiff's Motion to Amend her Complaint is ALLOWED to the extent herein described, and otherwise DENIED. (Denardo, Nancy)