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12-3989 - Cangemi et al v. The United States of America et al


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12-3989 - Cangemi et al v. The United States of America et al
March 29, 2013
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MEMORANDUM & ORDER granting 32 Motion to Dismiss for Failure to State a Claim; granting 32 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part 13 Motion to Dismiss for Failure to State a Claim. For the foregoing reasons, the State Defendants' motion to dismiss is GRANTED and the Town Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART. The Town Defendants' motion is DENIED as to Plaintiffs' nuisance and trespass claims against them, and GRANTED as to Plaintiffs' federal claims, state takings, negligence, unjust enrichment, and appropriation of resource claims. The State Defendants' motion is GRANTED. The Court grants Plaintiffs leave to amend to assert a claim of individual liability against Wilkinson under 42 U.S.C. ยง 1983. In addition, Plaintiffs are granted leave to amend to clarify their claims for injunctive and declaratory relief as against Defendants, and to specify the specific causes of action under which they seek such relief to the extent such causes of action remain viable. If Plaintiffs wish to file a Second Amended Complaint, they must do so on or before May 1, 2013. If Plaintiffs do not file a Second Amended Complaint by the specified date, the State Defendants and Defendant Wilkinson will be dismissed as defendants in this action. Furthermore, the Clerk of the Court is directed to amend the docket to include Gale H. Ritterhoff as a plaintiff in this action. So Ordered by Judge Joanna Seybert on 3/29/2013. C/ECF (Valle, Christine)
March 7, 2016
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MEMORANDUM & ORDER granting in part and denying in part 71 Motion to Dismiss for Lack of Jurisdiction; The Federal Defendants' motion to dismiss the Amended Complaint (Docket Entry 71) is GRANTED IN PART and DENIED IN PART. First, the FTCA Claims are DISMISSED as against the USACE and Col. Boule. Second, the Taking Claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction, and the Court will not transfer the Taking Claims to the Court of Federal Claims because that court does not have jurisdiction. Third, the APA Claim is DISMISSED WITH PREJUDICE. Finally, Counts XIII (injunctive relief) and XIV (declaratory judgment) are DISMISSED WITH PREJUDICE. Thus, as to the Federal Defendants, Plaintiffs' FTCA Claims against the United States are the only claims that move forward. So Ordered by Judge Joanna Seybert on 3/7/2016. C/ECF (Valle, Christine)