Legal Opinion

Guiducci v. Kohl's Department Stores

District Court, E.D. New York

Decided June 14, 2004No. CV-02-6772PublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

PLATT, District Judge.

Defendant Kohl’s Department Stores [“Kohl’s”] moves for dismissal under Federal Rule of Civil Procedure 12(b)(6) of the claims of Plaintiffs William Guiducci and John Clancy as guardians of their respective daughters [collectively, “Plaintiffs”]. 1 Plaintiffs' sued Kohl’s under both 42 U.S.C. § 1983 and relevant State laws. 2 Oral argument was heard on June 10, 2004.

Plaintiffs may seek redress of their grievances through a tort suit in State court, but they may not obtain it through a civil rights suit in federal court. Kohl’s motion to dismiss is…

2Cases cited8 opinions

  1. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  2. Stephen Tancredi and Ronald Speidel v. Metropolitan Life Insurance Company, a New York Stock Company and Metlife, Inc., a Delaware Holding CompanyCourt of Appeals for the Second Circuit · 2003
  3. People v. JonesNew York Court of Appeals · 1979
  4. Rojas v. Alexander's Department Store, Inc.District Court, E.D. New York · 1986
  5. Estate of Iodice v. Gimbels, Inc.District Court, E.D. New York · 1976

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3Cited by18 opinions

  1. Castro v. County of NassauDistrict Court, E.D. New York · 2010
  2. Bishop v. TOYS" R" US-NY LLCDistrict Court, S.D. New York · 2006
  3. Prowisor v. Bon-Ton, Inc.District Court, S.D. New York · 2006
  4. BAKER v. THE HOME DEPOTDistrict Court, E.D. Pennsylvania · 2023
  5. Cole v. Empire City Casino/MGMDistrict Court, S.D. New York · 2019

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