Jarzembek v. County of Erie et al, No. 1:2020cv01796 - Document 16 (W.D.N.Y. 2021)
Court Description: ORDER granting 9 Motion to Dismiss. Signed by Hon. Geoffrey Crawford on 10/7/21. (SG)
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Jarzembek v. County of Erie et al Doc. 16 Dockets.Justia.com I .- 1 I better pleading cure Plaintiff's state law IIED claim which once again fails to meet the extreme and outrageous conduct standard. Because the court has already granted leave to amend the complaint and because a liberal reading of the amended complaint does not indicate Plaintiff could state a valid claim on these facts in the future, the court will deny Plaintiff's request for leave to amend the amended complaint. VI. Conversion to Motion for Summary Judgment Defendants' second motion to dismiss seeks dismissal under Rule 12(b)(6) or altematively-conversion under Rule 12(d) into a motion for summary judgment. (Doc. 9-1 9; Doc. 9-9 at 7-8.) The comt finds it unnecessary to reach the question of conversion to a motion for summary judgment. The analysis above relies on facts aiticulated in the pleadings and matters that are appropriate for judicial notice. The court has not considered any extra-pleading evidence in reaching its decision and thus it is unnecessary to conve1t the motion to dismiss into a motion for summary judgment. Conclusion Defendants' motion to dismiss (Doc. 9) is GRANTED. Dated this 7th day of October, 2021. Geoffrey W. Crawford, Judge United States District Comt 9
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