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11-2445 - Jones v. Nickens et al


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11-2445 - Jones v. Nickens et al
August 20, 2013
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ORDER granting in part and denying in part 74 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 77 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 78 Motion to Dismiss for Failure to State a Claim; denying 79 Motion to Dismiss for Lack of Jurisdiction; granting 79 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 80 Motion to Dismiss. For the foregoing reasons, the Court grants the pending motions to dismiss with respect to plaintiffs' federal substantive and procedural due process claims. Accordingly, the federal claims alleged against the Southampton defendants, the Hollywood Nursery defendants, the Stony Brook Hospital defendants, Rubin, Scriven, West, and Grossman are dismissed. However, the Court denies those defendants' request that it decline to exercise supplemental jurisdiction over the state law claims; the Court retains supplemental jurisdiction over all of the state law claims in this action (including those brought against defendants for whom there are now no longer any remaining federal claims). SO ORDERED. Ordered by Judge Joseph F. Bianco on 8/20/2013. (Samplin, Ilissa)
February 21, 2017
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ORDER granting 211 Motion to Dismiss for Failure to State a Claim For the reasons set forth herein, the County's motion to dismiss the federal claims in the Third Amended Complaint is granted, and the Court, in its discretion, declines to exercise supplemental jurisdiction over the remaining state law claims. The Clerk of the Court shall enter judgment accordingly and close the case. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/21/2017. (Hammond, Daniel)