Cullins v. 156 Fifth Avenue Corp.
- Andrew Carter
- 1:22-cv-10288
- U.S. District Court · Southern District of New York
- 1
In Cullins v. 156 Fifth Avenue Corp., Judge Carter dismissed state and local claims without prejudice after ADA claims were voluntarily dismissed with prejudice.
Plaintiff Datwan Cullins and defendants 156 Fifth Avenue Corp. and Nike Retail Services, Inc.; the state and local claims were dismissed without prejudice, while the Americans with Disabilities Act claims had been voluntarily dismissed with prejudice.
What happened
In Cullins v. 156 Fifth Avenue Corp., Plaintiff Datwan Cullins brought claims under the Americans with Disabilities Act and state and local laws against 156 Fifth Avenue Corp. and Nike Retail Services, Inc.
Cullins voluntarily dismissed his disability-law claims with prejudice. The court then declined to hear the remaining state and local claims and dismissed them without prejudice.
Judge Andrew L. Carter, Jr. ordered the Clerk of Court to close the case.
The detailed version
- Cullins v. 156 Fifth Avenue Corp. · No. 1:22-cv-10288
- Andrew Carter
- Aug. 15, 2023
Background
Plaintiff Datwan Cullins asserted claims under the Americans with Disabilities Act and under state and local laws against 156 Fifth Avenue Corp. and Nike Retail Services, Inc.
Ruling
Cullins voluntarily dismissed his Americans with Disabilities Act claims with prejudice, meaning those claims were permanently dismissed. The court declined to exercise supplemental jurisdiction, which is the authority to hear related state-law claims in a federal case, over the remaining state and local claims. The court dismissed those claims without prejudice, meaning the order did not bar a future filing based on that disposition.
Disposition
Judge Andrew L. Carter, Jr. ordered that the remaining state and local claims be dismissed without prejudice and requested that the Clerk of Court close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.