Rodriguez v. Diaz et al, No. 1:2005cv01831 - Document 43 (S.D.N.Y. 2009)

Court Description: DECISION AND ORDER WITHDRAWING THE REFERENCE FROM THE MAGISTRATE JUDGE AND DENYING DEFENDANTS' MOTION TO DISMISS OR IN THE ALTERNATIVE FOR JUDGMENT ON PLEADINGS: For the reasons herein, the motion to dismiss the complaint is denied. This constitutes the decision and order of the court. (Signed by Judge Colleen McMahon on 3/24/2009) Copies Mailed By Chambers.(jpo)