Summary
The United States District Court for the Northern District of New York adopted a magistrate judge’s Report-Recommendation and dismissed Angela Marroccolo’s Second Amended Complaint. The dismissal was without prejudice to refiling in state court because the court determined that subject-matter jurisdiction was lacking, while noting that the claims would alternatively be dismissed with prejudice for failure to state a claim if jurisdiction were found.
Holdings
- The district court accepted and adopted the Report-Recommendation in its entirety because the court found no error in the specifically objected-to portions and no clear error in the remaining portions.
- Because subject-matter jurisdiction was lacking, the court dismissed Plaintiff's claims without prejudice to refiling in state court within the governing limitations period.
Questions Presented
- Whether the district court should accept and adopt the magistrate judge's Report-Recommendation after reviewing Plaintiff's objections.
- Whether the action should be dismissed without prejudice because the court lacked subject-matter jurisdiction.
- Whether dismissal without prejudice permitted Plaintiff to refile the claims in state court within the governing limitations period.
Disposition
dismissed
Cases Cited (7)
- Mario v. P&C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002)(followed)
- Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995)(followed)
- Miller v. Brightstar Asia, Ltd., 43 F.4th 112, 126 (2d Cir. 2022)(followed)
- Green v. Department of Education of City of New York, 16 F.4th 1070, 1074 (2d Cir. 2021)(followed)
- Katz v. Donna Karan Co., L.L.C., 872 F.3d 114, 121 (2d Cir. 2017)(followed)
- Charles v. Levitt, 716 F. App'x 18, 22 (2d Cir. 2017)(followed)
- Vossbrinck v. Accredited Home Lenders, Inc., 773 F.3d 423, 427 (2d Cir. 2014)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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