Spiteri v. Camacho et al

Filing 187

ORDER granting 131 Motion to Dismiss for Failure to State a Claim; granting 135 Motion to Dismiss for Failure to State a Claim; granting 138 Motion to Dismiss for Failure to State a Claim; denying 149 Motion for Leave to Appeal in form a pauperis; denying 63 MOTION for Permanent Injunction. For the reasons set forth within the attached Memorandum and Order, the State Defendants' motion to dismiss the Complaint is granted and the Complaint is dismissed with prejudice in its entirety as to all the State Defendants Governor Andrew Cuomo, Judge Fernando Camacho, Michelle Harrington, Michelle Mulligan and New York State. In addition, Plaintiff's application for injunctive and declaratory relief as to the State De fendants is denied. The Attorney Defendants' motions to dismiss as to Plaintiff's federal claims RICO, RICO conspiracy and FLSA is granted and these claims are dismissed with prejudice. The Court declines to exercise supplemental jurisd iction over Plaintiff's state law claims for unjust enrichment, fraud, deceit and misrepresentation, fraudulent concealment, legal malpractice, unpaid wages, unpaid overtime and spread of hours and these claims are dismissed without prejudice. Plaintiff's remaining motion to strike is denied and his motion for the court to take judicial notice of various documents is denied. Ordered by Judge Margo K. Brodie on 9/7/2013. (Thomas, Alora)