Stewart v. The City of New York et al, No. 1:2015cv04335 - Document 91 (S.D.N.Y. 2018)

Court Description: OPINION AND ORDER re: 77 MOTION to Dismiss Second Amended Complaint. filed by Raul Ramos, The City of New York, Nina Edwards, Beth Parboo, Zachary Rosner, Zulfiquar Bhuiyan, Tanisha Bowen. For the foregoing reasons, Defendants& #039; motion to dismiss is granted with prejudice as to Plaintiff's claims under § 1983 and without prejudice to his claims under the ADA and Rehabilitation Act. The Court further declines jurisdiction over, and dismisses without prejudic e, Plaintiff's state-law claims. Plaintiff may file a third amended complaint reasserting his claims under the ADA and Rehabilitation Act. He may also reassert his state-law claims to the extent he has a good-faith basis for arguing that the C ourt still has subject matter jurisdiction over them. Plaintiff's third amended complaint, and a redlined copy comparing the third amended complaint to the second amended complaint, shall be filed no later than April 30, 2018. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 77. (As further set forth in this Order.) (Amended Pleadings due by 4/30/2018.) (Signed by Judge Ronnie Abrams on 3/31/2018) (cf)