Paladino v. Seals-Nevergold, Case No. 17-cv-538

• Court: United States District Courts. 2nd Circuit. United States District Court of Western District of New York
• Writing for the Court: William K. Sessions III District Court Judge
• Parties: CARL PALADINO, Plaintiff, v. DR. BARBARA SEALS-NEVERGOLD, SHARON BELTON-COTTMAN, HOPE JAY, DR. TERESA HARRIS-TIGG, JENNIFER MACOZZI, PAULETTE WOODS, CITY OF BUFFALO PUBLIC SCHOOL DISTRICT, and the BOARD OF EDUCATION FOR THE CITY OF BUFFALO PUBLIC SCHOOL DISTRICT, Defendants.
• Docket Number: Case No. 17-cv-538
• Decision Date: 01 November 2019

CARL PALADINO, Plaintiff,
v.
DR. BARBARA SEALS-NEVERGOLD,
SHARON BELTON-COTTMAN, HOPE JAY,
DR. TERESA HARRIS-TIGG, JENNIFER MACOZZI,
PAULETTE WOODS, CITY OF BUFFALO PUBLIC SCHOOL DISTRICT,
and the BOARD OF EDUCATION FOR THE CITY OF
BUFFALO PUBLIC SCHOOL DISTRICT, Defendants.

Case No. 17-cv-538

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK

November 1, 2019

OPINION AND ORDER: PLAINTIFF'S MOTION TO STRIKE
(ECF 47, May 8 2019)

Plaintiff Carl Paladino is suing the City of Buffalo Public School District, the Board of Education for the City of Buffalo, as well as individual members of the Board of Education, for relief under 42 U.S.C. § 1983, the First Amendment, and the "common law and Constitution of the State of New York" for removing him from the Board after he engaged in racially inflammatory public speech and disclosed information regarding a Board approved collective bargaining agreement. Mr. Paladino seeks compensatory and punitive damages, affirmative and equitable relief, and an award of costs, interest, and attorney's fees.

Page 2

On April 18, 2019, Defendants filed two separate motions to dismiss the suit under Fed. R. Civ. P. 12(b)(1) and (6). Mr. Paladino filed a motion to strike these filings on May 8, 2019, on grounds that they are improperly directed toward his First Amended Complaint. For the reasons set forth below, Plaintiffs' motion to strike is granted, and Defendants' motions to dismiss are denied without prejudice

PROCEDURAL BACKGROUND

On March 20, 2019, this Court granted Plaintiff's motion for leave to amend his First Amended Complaint. ECF 47. Plaintiff had initially filed his Second Amended Complaint with the Court on October 16, 2017 as a part of that motion. ECF 47. When Plaintiff attempted to re-file his Second Amended Complaint with the Court on April 4, 2019, he made a clerical error and mistakenly filed the First Amended Complaint once again instead. Id. Later that month, Defendants re-filed their motions to dismiss, which reference the First Amended Complaint rather than the Second Amended Complaint. See ECF 41; ECF 43. Plaintiff now moves to strike these pleadings as improperly referring to an earlier complaint that is now moot. He also moves to set a schedule for parties to oppose and respond to the Second Amended Complaint.

Page 3

DISCUSSION

The issue before the Court is whether Defendants' motions to dismiss should be struck due to the fact that they are directed toward Plaintiffs' First Amended...