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16-1277 - Berger v. NYS Office for People with Developmental Disabilities et al


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16-1277 - Berger v. NYS Office for People with Developmental Disabilities et al
November 8, 2016
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ORDER AND REPORT-RECOMMENDATION: Ordered that Pltf's 2 MOTION for Leave to Proceed in forma pauperis is granted. Ordered that Pltf submit her Right-to-Sue letter, together with any objections to this court's recommendations by 11/25/16. Recommended that the complaint be dismissed without prejudice for failure to state a claim as against defts LaFountain; recommended that the complaint be dismissed with prejudice for failure to state a claim as against deft Loya; recommended that pltf's second, fourth, fifth, sixth, and seventh causes of action be dismissed in their entirety with prejudice; recommended that if the district court adopts this R & R, the pltf's first, third, eighth, and ninth causes of action be allowed to proceed, and pltf be given 30 days to file a proposed amended complaint. ( Objections to R&R due by 11/25/2016, Case Review Deadline 11/29/2016). Signed by US Magistrate Judge Andrew T. Baxter on 11/8/16. [Served by mail.](sfp, )
February 22, 2017
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DECISION AND ORDERED, that the Report-Recommendation (Dkt. No. 5) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that the Complaint (Dkt. No. 1) is DISMISSED with leave to amend as against defendant Julie Lafountain; and it is further ORDERED, that the Complaint (Dkt. No. 1) is DISMISSED without leave to amend as against defendant Bill Loya; and it is further ORDERED, that Bergers second, fourth, fifth, sixth, and seventh causes of action are DISMISSED without leave to amend; and it is further ORDERED, that Berger has thirty (30) days to file a proposed amended complaint if she wishes to attempt to cure the defects in pleading as against defendant Lafountain. Signed by Senior Judge Lawrence E. Kahn on February 22, 2017. (Copy served via regular mail)(sas)
March 22, 2018
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MEMORANDUM-DECISION AND ORDERED, that Defendants Motion (Dkt. No. 22) is GRANTED in part and DENIED in part. The Motion is GRANTED as to Plaintiffs claims brought pursuant to 42 U.S.C. ยง 1320a(7)(b), the Fraud Enforcement and Recovery Act (FERA), and New York state law. The Motion is otherwise DENIED. Signed by Senior Judge Lawrence E. Kahn on March 22, 2018. (Copy served via regular mail)(sas)