Shaywitz v. American Board of Psychiatry & Neurology
District Court, S.D. New York
1Opinion of the Court
DECISION AND ORDER
VICTOR MARRERO, District Judge.
Plaintiff Jonathan Shaywitz (“Shaywitz”) brought this action, naming the American Board of Psychiatry and Neurology (the “Board”) as defendant. Shaywitz asserts three causes of action, the first under Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12189, and the second and third under Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2, respectively. The Board now moves to dismiss Shaywitz’s complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) (“Rule 12(b)(1)”) for lack of subject matter jurisdiction…
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