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17-30041 - Allen et al v. Town of East Longmeadow et al


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17-30041 - Allen et al v. Town of East Longmeadow et al
February 9, 2018
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Magistrate Judge Katherine A. Robertson: ORDER entered. REPORT AND RECOMMENDATIONS re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Douglas Mellis, Town of East Longmeadow, Patrick Manley Recommendation: For the foregoing reasons, it is the Courts Recommendation that the Federal Claims asserted in Counts One, Two, and Three of the Amended Complaint be dismissed with prejudice, that the presiding District Judge decline to exercise Supplemental Jurisdiction over the State Law Negligence Claims asserted in Counts One and Two, that these Claims be dismissed without prejudice, and that the case be closed on the Courts docket. If the Court elects in its discretion to retain Supplemental Jurisdiction over the State Law Negligence Claims, I recommend that the Negligence Claims against Mellis and Manley and the Town be dismissed, also with prejudice. Objections to R&R due by 2/23/2018. (Finn, Mary)
March 2, 2018
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t prejudice. This case may now be closed. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. As follows: For the reasons stated, the Report and Recommendation, and noting there are no objections, the court, upon de novo review, hereby ADOPTS the Report and Recommendation. (Dkt. No. 36.) Based upon this, Defendants motion to dismiss (Dkt. No. 20.) is granted. The federal claims asserted in Counts One, Two, and Three are dismissed with prejudice. The state law negligence claims asserted in Counts One and Two are dismissed withou