Vasquez v. The Reece School
- Gregory Woods
- 1:22-cv-05986
- U.S. District Court · Southern District of New York
- 3
In Vasquez v. The Reece School, Judge Woods granted in part and denied in part the school’s dismissal motion and denied amendment of the dismissed claims.
Lisa Vasquez and her infant daughter, J.V., whose 42 U.S.C. § 1983, 29 U.S.C. § 794, and negligent infliction of emotional distress claims were dismissed and who were denied leave to amend those claims; The Reece School, whose motion to dismiss was granted in part and denied in part.
What happened
Lisa Vasquez sued The Reece School on behalf of herself and her infant daughter, J.V. The court reviewed a magistrate judge’s recommendation on the school’s motion to dismiss the amended complaint.
The recommendation said the claims under 42 U.S.C. § 1983 and 29 U.S.C. § 794, along with the negligent infliction of emotional distress claim, should be dismissed. It said the breach of contract claim should remain. No party objected to the recommendation.
Judge Gregory H. Woods found no clear error, adopted the recommendation in full, and granted in part and denied in part The Reece School’s motion to dismiss. He also denied leave to amend the dismissed claims and directed the court clerk to terminate the motion.
The detailed version
- Vasquez v. The Reece School · No. 1:22-cv-05986
- Gregory Woods
- Feb. 8, 2024
Background
Lisa Vasquez brought the case on behalf of herself and her infant daughter, J.V., against The Reece School. Magistrate Judge Willis issued a Report and Recommendation on January 24, 2024, addressing The Reece School’s motion to dismiss under Rule 12(b)(6), which concerns whether a complaint adequately states a legal claim.
Recommended disposition of the claims
The Report and Recommendation concluded that the following claims should be dismissed:
- Vasquez’s claim under 42 U.S.C. § 1983; - her claim under 29 U.S.C. § 794; and - her negligent infliction of emotional distress claim.
It recommended that the breach of contract claim not be dismissed.
District court’s review and ruling
No party submitted an objection within the fourteen-day period. Judge Woods therefore reviewed the Report and Recommendation for clear error, meaning an obvious mistake in the recommendation or the record. He found none and accepted and adopted the Report and Recommendation in its entirety.
The court granted in part and denied in part The Reece School’s motion to dismiss. The three claims identified for dismissal were dismissed, while the breach of contract claim was not dismissed.
Leave to amend
The Report and Recommendation did not address whether Vasquez could amend the dismissed claims. Judge Woods denied leave to amend those claims. He explained that an earlier Report and Recommendation had identified pleading deficiencies, Vasquez had already amended the complaint, and the amended complaint had not corrected those deficiencies. The court also noted that Vasquez had not explained how another amendment would fix the deficiencies.
The court directed the Clerk of Court to terminate the motion listed at Docket No. 28.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.