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08-847 - Gardner et al v. Uniondale Public School District et al


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08-847 - Gardner et al v. Uniondale Public School District et al
October 21, 2008
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MEMORANDUM AND ORDER: For the reasons set forth in the attached Memorandum and Order, defendants' motion to dismiss the federal claims is granted without prejudice, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, for failure to exhaust. The Court declines to retain jurisdiction over plaintiffs' remaining state law claims and dismisses such claims without prejudice. The Clerk of the Court shall enter judgment accordingly and close this case. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/21/2008. (Worden, Katherine)