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Labor: Fair Standards | New York Southern
Order on Motion for Extension of Time to Amend
ORDER granting 26 Letter Motion for Extension of Time to Amend. Plaintiffs' request to vacate their deadline to respond to Defendants' motion to dismiss is GRANTED. Plaintiffs may file a second amended complaint by September 30, 2026. Defendants shall answer or otherwise respond to the second amended complaint by October 30, 2026. Plaintiff's opposition to Defendants' motion to dismiss, if any, will be due November 25, 2026, and any reply shall be submitted by December 16, 2026. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (dsh)
Civil Rights: Other | New York Southern
Order 30 Days Amended Complaint (case opening)
ORDER OF DISMISSAL WITH LEAVE TO REPLEAD: The Court dismisses this action for the reasons set forth in this order. The Court dismisses Plaintiff' claims under Title II of the ADA for failure to state a claim on which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). The also dismisses Plaintiff's claims under 42 U.S.C. § 1983 and the RA for the same reason, see id., but grants Plaintiff 30 days' leave to replead those claims in an amended complaint, as specified above. If Plaintiff does not file an amended complaint within the time allowed, the Court will direct the Clerk of Court to enter a judgment dismissing this action for the reasons set forth in this order. The additional effect of that judgment will be that the Court declines to consider, under its supplemental jurisdiction, Plaintiff's claims under state law. See 28 U.S.C. § 1367(c)(3). Plaintiff could then seek to pursue those claims in state court. The Court denies all pending requests in this action, including Plaintiff's request to speak with the undersigned. (ECF 11.) The Court certifies, under 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and, therefore, IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Court directs the Clerk of Court to hold this matter open on the docket until a civil judgment is entered. (Signed by Judge Laura Taylor Swain on 9/22/2026) (sgz)
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