-WDW B.D.S et al v. Southold Union Free School District et al, No. 2:2008cv01319 - Document 34 (E.D.N.Y. 2009)

Court Description: OPINION AND ORDER granting in part and denying in part 27 Motion to Dismiss for Lack of Jurisdiction; granting 31 Motion to Consolidate Cases; granting in part and denying in part 31 Motion to Dismiss. The branch of Ingerman Smith's motion to consolidate Actions No. 1 and No. 2 is granted, the actions are consolidated for all purposes, including trial, and will proceed under the lead docket number CV-08-1319, all papers filed in this actions shall henceforth bear only the lead docket number, the caption of this action shall be amended accordingly and the Clerk of the Court is directed to administratively close case number CV-08-1864; the branches of Ingerman Smith's motion seeking dismissal of plff's Section 1983, Secti on 1985 and state law claims are granted and those claims are dismissed as against Ingerman Smith without prejudice; the branches of Ingerman Smith's and Kelly's motions seeking dismissal of plff's ADA and Rehabilitation Law claims are granted and those claims are dismissed in their entirety with prejudice as against them; the branch of Kelly's motion seeking dismissal of all claims against him as barred by the doctrine of absolute immunity is granted to the extent that all c laims asserted by plff on her own behalf against Kelly are dismissed with prejudice, with the exception that plff is granted leave to amend the amended complaints, as consolidated, to assert a claim seeking a declaratory judgment based upon any ongoi ng violation of federal law by Kelly; plff's Section 1985 claims are dismissed, sua sponte, without prejudice as against the non-moving dfts; plff's ADA and Rehabilitation Act claims are sua sponte dismissed with prejuidce as against the no n-moving individual dfts; plff's ADA claims in both actions and Rehabilitation Act claims in Action No. 2 are sua sponte dismissed without prejudice as against the UFSD and NYSED; and plff is directed to obtain counsel for the infant plff, or to move for the appointment of counsel for the infant plff, within 30 days from the date this Order is served with notice of entry, upon plff, or the claims asserted on plff's own behalf and dismissed without prejudice herein will be deemed dismis sed with prejudice. This matter is referred to Magistrate Judge William D. Wall for all pre-trial purposes. The parties are directed to contact the chambers of Magistrate Judge Wall to schedule a conference herein. The Clerk of the Court is direct ed to serve notice of entry of this Order on all parties in accordance with Rule 77(d)(1) of the Federal Rules of Civil Procedure, including mailing a copy of the Order to the pro se plffs at their last known address. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 6/24/2009. CM (Brienza, Lauren)