DECISION and ORDER granting (10) Defendant's Motion to Dismiss and dismisses the complaint without prejudice for the reasons stated in the R&R. Plaintiff may either (1) re-submit an amended complaint by June 15, 2022, or (2) rely on the amende d complaint dated February 14, 2022 (Dkt. 20). Defendant shall respond to the amended by July 6, 2022. Plaintiff's Motion to Appoint Counsel (19) is denied without prejudice to reapply for appointment of counsel at a later date. The Court refers this matter back to Judge Roemer, consistent with the referral order (Dkt. 11) for further proceedings. Signed by Hon. John L. Sinatra, Jr. on 5/16/2022. (KM)
May 16, 2022
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Bailey-Lynch v. Dollar Tree Stores, Inc. (1:20-cv-01610-JLS-MJR)
U.S. District Court for the Western District of New York