Broich v. The Incorporated Village of Southampton et al, No. 2:2008cv00553 - Document 30 (E.D.N.Y. 2009)

Court Description: OPINION AND ORDER granting in part and denying in part 27 Motion to Dismiss. For the reasons stated herein: (1) the branch of dfts' motion seeking dismissal of the second amended complaint for lack of subject matter jurisdiction and/or Colorad o River abstention is denied; (2) the branch of dfts' motion seeking dismissal of plff's Title VII claims is denied, with leave to renew with respect to plff's claims relating to the December 27, 1995 EEOC charge, as amended by the Jan uary 23, 2006 charge; (3) the branches of dfts' motion seeking dismissal of plff's Section 1985 claims and claims against the Village Board trustees are granted, and those claims are dismissed with prejudice; and (4) all official capacity c laims against the remaining individual dfts are sua sponte dismissed with prejudice. The parties are directed to appear in my courtroom at 1010 Federal Plaza, Central Islip, NY on July 28, 2009 at 11:30 AM, with authority or persons with authority to resolve this action, for a settlement and/or scheduling conference. Further, the parties are directed to engage in good faith settlement negotiations prior to the conference. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 7/23/2009.c/ecf (Brienza, Lauren)