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McGRATH v. DOMINICAN COLLEGE OF BLAUVELT, NEW YORK

No. 07 Civ. 11279.

672 F.Supp.2d 477 (2009)

Cynthia McGRATH, Individually and as Administratrix ad Prosequendum of the Estate of Megan Wright, Plaintiff, v. DOMINICAN COLLEGE OF BLAUVELT, NEW YORK, Sister Mary Eileen O'Brien, Individually and as President of Dominican College, John Lennon, Individually and as Director of Security of Dominican College, John Prescott, Individually and as Dean of Students of Dominican College, Carlyle Hicks, Individually and as Director of Resident Life of Dominican College, Richard Fegins, Jr., Kenneth A. Thorne, Jr., Isaiah Lynch, and Terrell E. Hill, Defendants.

United States District Court, S.D. New York.

November 25, 2009.

Attorney(s) appearing for the Case

Kirkpatrick & Lockhart Preston, Gates Ellis LLP, by Andrew L. Morrison, Esq., Sarah P. Kenney, Esq., New York, NY, Allred, Maroko & Goldberg, by Gloria Allred, Esq., Los Angeles, CA, Sullivan & Worcester LLP, by Nathan A. Goldberg, Esq., K & L Gates LLP, by Sarah Peck Kenney, Esq., New York, NY, for Plaintiff.

Biedermann, Reif, Hoenig & Ruff, P.C., by Philip R. Semprevivo, Jr., Esq., Peter W. Beadle, Esq., New York, NY, for Defendants Dominican College of Blauvelt, New York, Sister Mary Eileen O'Brien, John Lennon, John Prescott, and Carlyle Hicks.

Samimi and Murphy, by Kenneth J. Murphy, Esq., New City, NY, for Defendant, Richard Fegins, Jr.

Manatt, Phelps & Phillips, LLP, by Arunabha Bhoumik, Esq., Elizabeth Murray, Esq., New York, NY, for Defendant, Kenneth A. Thorne.

Lewis Brisbois Bisgaard & Smith LLP, by Karen L. Campbell, Esq., New York, NY, for Defendant, Isaiah Lynch.

OPINION

SWEET, District Judge.

The defendant Dominican College (the "College") has moved to dismiss plaintiff's Title IX, 42 USC § 1983, fraud, and intentional infliction of emotional distress claims against it in the Amended Complaint of the plaintiff, Cynthia McGrath, Individually and as Administratrix of the Estate of Megan Wright ("McGrath" or the "Plaintiff") pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6) and the defendants...

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