Anand v. New York State Department of Taxation and Finance
Filing 20
ORDER granting in part and denying in part 15 Motion to Dismiss. SO ORDERED that defts' motion to dismiss is granted in part and denied in part. Defts' motion for a more definite statement is granted to the extent that plaintiff is direc ted to file a second amended complaint correcting the pleading deficiencies identified herein. As set forth supra, all claims in the amended complaint are dismissed with prejudice with the exception of the following: (1) Claims One and Three, as they relate to the Department; (2) Claims Two, Four, Five, Six, Seven, and Ten, as they relate to the individual defts in their individual capacities. Plaintiff is granted leave to file a second amended complaint with respect to the remaining claims no l ater than July 20, 2012 at five o'clock in the afternoon (5:00 p.m.). The second amended complaint must contain significantly more factual detail concerning each of the remaining claims, including the actual or approximate dates of all events at issue, and shall include the specific allegations underlying plaintiff's claims against each individual deft. If plaintiff chooses to file a second amended complaint, it shall be labeled "Second Amended Complaint" and shall be served upon defts in accordance with the Federal Rules of Civil Procedure. If plaintiff fails to file a second amended complaint in a timely manner, this case will be closed. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 6/18/2012. (Florio, Lisa)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.