Canete v. Metropolitan Transportation Authority et al, No. 1:2017cv03961 - Document 51 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER re: 34 FIRST MOTION to Strike Document No. 31 Amended Complaint filed by Lawrence Ffrench, 24 MOTION for Judgment on the Pleadings filed by Triborough Bridge and Tunnel Authority, Metropolitan Transportation Authority, 32 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) filed by Triborough Bridge and Tunnel Authority, Metropolitan Transportation Authority. For the foregoing reasons, the Court denies the MT A' s motion to dismiss it as a proper party. The Court, however, grants the defendants' motion to dismiss claims two, three, nine, ten, and eleven and Canete's request for punitive damages. The Court also directs that paragraphs 41 to 43 and Exhibit 1 to the Amended Complaint be struck. The parties are directed to submit a revised case management plan that contemplates separate deadlines for discovery on the issue of the MTA's relationship to the TBTA. The Clerk of the Court is respectfully directed to terminate the motions pending at Dkts. 24, 32, and 34. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/20/2018) (anc)