Meyers et al v. City of New York et al

Filing 47

OPINION & ORDER re: 7 MOTION to Dismiss . filed by Michael Bloomberg, Joseph J. Esposito, Raymond Kelly, City of New York. For the reasons described above, the City's motion to dismiss the claims grounded in violations of the First Amendment based on an impermissible time, place, and manner restriction, the Fourth Amendment based on eviction without a warrant, and the Fourteenth Amendment's Due Process Clause based on eviction without notice and an opportunity to be heard is GRANTED. "In the ordinary course, the Federal Rules of Civil Procedure provide that courts should freely give leave to amend a complaint when justice so requires. Fed.R.Civ.P. 15(a)(2). This permissive standard is consistent with our strong preference for resolving disputes on the merits." Williams v. Citigroup Inc., 659 F.3d 208, 212-13 (2d Cir. 2011) (internal quotation marks omitted). Accordingly, Meyers may his amend his complaint as to those claims. The City' ;s motion to dismiss all other claims is DENIED WITHOUT PREJUDICE. The Court also schedules a status conference for November 23, 2015 at 11:00 a.m. Counsel for the parties should report to Courtroom 1306 at the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 10/27/2015) (kgo)