Avaras v. Clarkstown Central School District et al

Filing 132

ORDER: On February 9, 2021 the Court issued an opinion and order stating The Third Amended Complaint is dismissed without prejudice to a re-filing within twenty days. Any new pleading must properly allege claims for which NYSED is a proper party. If Avaras fail[s] to re-plead properly, or to move for an extension of time together with a showing of cause, I will dismiss the complaint with prejudice." (ECF No. 129) By letter dated March 5, 2021, New York State Department of Educatio n Filed a letter requesting dismissal with prejudice due to Plaintiff's failure to file amended complaint. (ECF No. 79.) Therefore, the claims previously dismissed without prejudice are dismissed with prejudice. The Clerk of Court is directed to terminate this case. So Ordered. (Signed by Judge Nelson Stephen Roman on 9/10/2021) (js)

Case 7:15-cv-09679-NSR Document 132 Filed 09/10/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CONNIE AVARAS,

9/10/2021
Plaintiff,

-against-

No. 15 CV 9679 (NSR)
ORDER

CLARKSTOWN CENTRAL SCHOOL DISTRICT, et
al.,
Defendants.
NELSON S. ROMÁN, United States District Judge:
On February 9, 2021 the Court issued an opinion and order stating “The Third Amended
Complaint is dismissed without prejudice to a re-filing within twenty days. Any new pleading
must properly allege claims for which NYSED is a proper party. If Avaras fail[s] to re-plead
properly, or to move for an extension of time together with a showing of cause, I will dismiss the
complaint with prejudice.” (ECF No. 129) By letter dated March 5, 2021, New York State
Department of Education Filed a letter requesting dismissal with prejudice due to Plaintiff’s
failure to file amended complaint. (ECF No. 79.)
Therefore, the claims previously dismissed without prejudice are dismissed with prejudice.
The Clerk of Court is directed to terminate this case.
Dated: September 10, 2021
White Plains, New York