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13-715 - Sullivan v. WSWHE BOCES


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13-715 - Sullivan v. WSWHE BOCES
January 17, 2014
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DECISION and ORDER. Defendant's motion 9 is GRANTED IN PART and DENIED IN PART. The motion to dismiss based on insufficient service of process and lack of personal jurisdiction is DENIED pending Plaintiff's proper service of a summons within fourteen days of the date of this Order. Failure to do so shall result in the dismissal of this action. Defendant's motion based on the statute of limitations is GRANTED insofar as all discrete acts occurring prior to May 3, 2011 are DISMISSED. Defendant's motion to dismiss the claim pursuant to 42 U.S.C. 1983 is GRANTED. In all other respects, Defendant's motion is DENIED. Signed by Senior Judge Thomas J. McAvoy on 1/17/2014. (lah, )