Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

16-473 - Gallagher v. Board of Education of East Hampton Union Free School District


Download Files

Metadata

Document in Context
16-473 - Gallagher v. Board of Education of East Hampton Union Free School District
March 24, 2017
PDF | More
*AMENDED* OPINION & ORDER - Accordingly, plaintiffs cross motion pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure for leave to amend the complaint is granted to the extent that plaintiff may serve and file an amended complaint by no later than April 24, 2017, or she will be deemed to have waived her right to file an amended complaint; and defendants motion to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is denied with leave to renew in the event plaintiff fails to serve and file an amended complaint in accordance with this Order. SO Ordered by Judge Sandra J. Feuerstein on 3/24/2017. (Tirado, Chelsea)
February 9, 2018
PDF | More
ORDER ADOPTING REPORT AND RECOMMENDATIONS - For the reasons set forth herein, (i) plaintiff's objection, in essence, that the Report filed to consider her Fourteenth Amendment substantive due process claim based upon defendant's alleged violations of N.Y. Civ. Serv. Law § 75(3) is sustained; (ii) the Report is modified in accordance with this Order to provide that plaintiff's Fourteenth Amendment substantive due process claims based upon defendant's alleged violations of N.Y. Civ. Serv. Law § 75(3) are dismissed in their entirety with prejudice for failure to state a claim for relief; (iii) plaintiff's objections are otherwise overruled and the Report, as modified, is accepted in its entirety; (iv) plaintiff's request for leave to file a second amended complaint is denied; and (v) for the reasons set forth in the Report, as modified in accordance with this Order, defendant's motion seeking to dismiss plaintiff's claims against it in the amended complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is granted and plaintiff's claims against defendant in the amended complaint are dismissed in their entirety with prejudice for failure to state a claim for relief. The Clerk of the Court shall enter judgment in favor of defendant and close this case. SO Ordered by Judge Sandra J. Feuerstein on 2/9/2018. (Tirado, Chelsea)