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14-3241 - Reid v. Time Warner Cable


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14-3241 - Reid v. Time Warner Cable
February 22, 2016
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Dora Lizette Irizarry on 2/22/2016. (Attachments: # (1) Supplement) (Irizarry, Dora)ORDER granting 12 Motion to Dismiss for Failure to State a Claim and Granting Leave to Amend Complaint by March 29, 2016 -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Defendant's motion to dismiss is granted and the Complaint is dismissed in its entirety, without prejudice. However, by NO LATER THAN MARCH 29, 2016, Plaintiff may file an amended complaint in accordance with this Order. If Plaintiff elects to file an amended complaint, it must be captioned as an "AMENDED COMPLAINT" and bear the same docket number as this Order. For Plaintiff's convenience, Instructions on How to Amend a Complaint are attached. If Plaintiff fails to file an amended complaint by March 29, 2016, or fails to comply with the Attached Memorandum and Order, the Complaint will be dismissed, with prejudice, and this action will be closed. The Court certifies pursuant to 28 U.S.C. ยง1915(a)(3) that any appeal from this Order would not be taken in good faith, and, therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Summary Order and Instructions on How to Amend a Complaint to pro se plaintiff. This case shall remain open to give plaintiff an opportunity to file an amended complaint NO LATER THAN MARCH 29, 2016. SO ORDERED by Judge
March 30, 2018
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ORDER granting 51 Motion to Dismiss for Failure to State a Claim -- For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, Defendant's motion to dismiss the complaint is granted with prejudice as to the federal claims and, as no federal claims remain, the Court declines to exercise supplemental jurisdiction over Plaintiff's New York Labor Law claims, which are dismissed without prejudice. The Clerk of the Court is directed to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/30/2018. (Irizarry, Dora)