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15-2430 - Guerrera Tooker v. Guerrera et al


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15-2430 - Guerrera Tooker v. Guerrera et al
August 15, 2016
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nd denying in part 13 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 13 Motion to Dismiss Case as Frivolous; granting 15 Motion to Dismiss for Failure to State a Claim; granting 19 Motion to DismissMEMORANDUM & ORDER granting 26 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 9 Motion to Dismiss; granting in part and denying in part 13 Motion to Dismiss for Lack of Jurisdiction; granting in part a for Failure to State a Claim; For the foregoing reasons, Directional Defendants' motion to dismiss (Docket Entry 9) is GRANTED IN PART and DENIED IN PART. Directional Defendants' motion to dismiss pursuant to Rule 12(b)(4) is DENIED. Directional Defendants' motion pursuant to Rule 12(b)(5) is GRANTED as to Directional and DENIED as to DeRosa. Plaintiff's claims against Directional are DISMISSED WITHOUT PREJUDICE. DeRosa's motion to dismiss pursuant to Rule 12(b)(6) is GRANTED. Reilly's motion to dismiss (Docket Entry 13) is GRANTED IN PART and DENIED IN PART. Reilly's motion to dismiss pursuant to Rule 12(b)(4) is DENIED and his motion to dismiss pursuant to Rule 12(b)(6) is GRANTED. The motions to dismiss filed by SPCA (Docket Entry 15), CPS (Docket Entry 19) and Quest Defendants (Docket Entry 26) are GRANTED. The Complaint is DISMISSED WITHOUT PREJUDICE and with leave to replead as to Guerrera, Quest, DeRosa, Reilly, and SPCA. If Plaintiff wishes to replead her claims, she must file an Amended Complaint within forty-five (45) days of the date of this Memorandum and Order. The Complaint is DISMISSED WITH PREJUDICE as to CPS. The Clerk of the Court is directed mail a copy of this Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 8/15/2016. C/M; C/ECF (Valle, Christine)
August 24, 2016
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MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; For the foregoing reasons, Plaintiff's objections are OVERRULED and the Court ADOPTS Judge Lindsay's R&R (Docket Entry 45) in its entirety. The Police Department is directed to file its motion to dismiss as a separate entry on ECF within fourteen (14) days of the date of this Memorandum and Order. All claims against the Town of Riverhead Police Department are dismissed with prejudice and the Clerk of the Court is directed to replace this Defendant with the Town of Riverhead. The Clerk of the Court is further directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 8/24/2016. C/ECF (Valle, Christine)
August 11, 2017
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MEMORANDUM AND ORDER terminating 49 Motion to Dismiss for Failure to State a Claim; granting 66 Motion to Dismiss for Failure to State a Claim; granting 67 Motion to Dismiss for Failure to State a Claim; granting 67 Motion to Dismiss for Lack of Jurisdiction; granting 68 Motion to Dismiss; denying 79 Motion for Leave to File; denying 83 Motion for Hearing. For the foregoing reasons, the Town's motion to dismiss (Docket Entry 49) is TERMINATED AS MOOT. The motions to dismiss filed by Reilly, Guerrera, and DeRosa, (Docket Entries 66, 67, and 68) are GRANTED and Plaintiff's Amended Complaint is DISMISSED. Plaintiff's motion for leave to file a motion to amend or Second Amended Complaint (Docket Entry 79) and request for an evidentiary hearing (Docket Entry 83) are DENIED. The Clerk of the Court is directed to mail a copy of this Order to pro se Plaintiff and mark this case CLOSED. So Ordered by Judge Joanna Seybert on 8/11/2017. C/M; C/ECF (Valle, Christine)