Johnson et al v. Myers et al
Filing 72
ORDER denying 68 Motion to Dismiss. To the extent that this motion is brought under Rule 12(b)(6), this denial is WITH PREJUDICE, because, by answering, the Nassau University Defendants forfeited their right to move to dismiss under Rule 12(b)(6). To the extent that the Court construes the Nassau University Defendants' motion as one for summary judgment under Rule 56, this denial is WITHOUT PREJUDICE. The Nassau University Defendants may file a procedurally-compliant summary judgment motion at the appropriate time. The Clerk of the Court is directed to send a copy of this Order to the pro se Plaintiffs. So Ordered by Judge Joanna Seybert on 2/18/2011. C/M; C/ECF (Valle, Christine)
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