Johnson v. Deegan et al, No. 1:2008cv05277 - Document 42 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER:#98236 Because none of Johnson's federal claims states a plausible claim to relief with respect to the NYU defendants, the motion to dismiss those claims pursuant to Rule 12(b)(6) is granted. However, because the Court is curre ntly retaining jurisdiction over the state law claims pursuant to 28 U.S.c. § 1367, defendants' motion to dismiss the state law claims is denied. Finally, Johnson's motion to further amend the complaint is denied insofar as it seeks to add Carl Villanueva as a defendant. (Signed by Judge Sidney H. Stein on 11/12/2009) (jpo) Modified on 11/17/2009 (eef).

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