DiJoseph v. Erie County

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK MICHAEL DiJOSEPH, Plaintiff, v. DECISION AND ORDER 18-CV-919S ERIE COUNTY, Defendant. I. INTRODUCTION Before this Court is the second attempt of Defendant Erie County (or the “County”) to dismiss this case (Docket No. 13; cf. Docket No. 5). The County now moves for judgment on the pleadings, under Federal Rule of Civil Procedure 12(c); its motion for this Court to consider extrinsic evidence pursuant to Rule 12(d); for summary judgment under Rule 56, and for dismissal of this action for failure to state a claim under Rule 12(b)(6)…