Raeman v. County of Ontario et al, No. 6:2012cv06009 - Document 13 (W.D.N.Y. 2013)

Court Description: -CLERK TO FOLLOW UP-DECISION AND ORDER granting in part and denying in part 7 Motion to Dismiss; denying 7 Motion for Summary Judgment. Defendants motion for summary judgment is denied. Defendants motion to dismiss is granted in part, and the f irst two causes of action, both plead under Federal law, are dismissed for failure to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). Pursuant to 28 U.S.C. § 1367(c)(3) (1990), the Court declines to exercise jurisdictio n over the remaining state law claims in the third and fourth causes of action, and those causes of action are dismissed without prejudice. The Clerk is directed to enter judgment for Defendants on the first two causes of action with prejudice, and enter judgment on the third and fourth causes of action for Defendants without prejudice, and close this case.Signed by Hon. Charles J. Siragusa on 3/11/13. (KAP)