House v. Wackenhut Services, Inc. et al, No. 1:2010cv09476 - Document 41 (S.D.N.Y. 2011)

Court Description: OPINION AND ORDER GRANTING IN PART AND DENYING IN PART WACKENHUT SERVICES, INC.'S, LT. RENALTO VELATI'S, AND OFFICER JAMES CARBONARO'S MOTION TO DISMISS re: 21 MOTION to Dismiss by WACKENHUT SERVICES, INC., JAMES CARBONARO, AND RE NATO VELATI'S NOTICE OF MOTION FOR PARTIAL DISMISSAL OR, IN THE ALTERNATIVE, FOR PARTIAL SUMMARY JUDGMENT filed by Wackenhut Services, Inc., Carbanaro, Renato Velati.For all of the above reasons, the motion to dismiss is GRANTED with respect to Counts II and V and DENIED with respect to Count III. Counts II and V are dismissed with prejudice. The Clerk of the Court is respectfully directed to remove the instant motion (ECF Dkt. No. 21) from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 12/15/2011) (lmb)