Ciardi v. Tiberio et al, No. 6:2013cv06388 - Document 28 (W.D.N.Y. 2014)

Court Description: DECISION AND ORDER. Based upon this Decision and Order, 8 Motion for Preliminary Injunction is denied; 20 Motion to Dismiss for Failure to State a Claim is granted; and 21 Motion for Summary Judgment is granted. Plaintiffs are not entitled t o judgment as a matter of law on the record taken as a whole. Judgment as a matter of law should be entered for Defendants. I hereby direct the Clerk of the Court to dismiss the Complaints filed, respectively, in Case No. 12-CV-6312 and Case No. 13-CV-6388 and to close the cases. IT IS SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 08/25/2014. (ST) -CLERK TO FOLLOW UP-