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16-5315 - Powell v. Merrick Academy Charter School et al


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16-5315 - Powell v. Merrick Academy Charter School et al
February 28, 2018
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MEMORANDUM & ORDER, The court GRANTS Merrick's 13 Motion to Dismiss for Failure to State a Claim and dismisses all claims against Defendants. This dismissal is without prejudice, as Plaintiff may be able to cure the deficiencies in the Complaint identified by this Memorandum and Order by alleging additional factual material sufficient to raise a plausible inference that her termination was motivated by unlawful discriminatory or retaliatory animus. Accordingly, the court grants Plaintiff leave to file an amended complaint within fourteen days of the entry of this Memorandum and Order. Fed. R. Civ. P. 15(a)(2). If Plaintiff opts not to amend, the court will enter judgment in favor of Defendants and close the case. So Ordered by Judge Nicholas G. Garaufis on 2/27/2018. (Lee, Tiffeny)