Judge Denise Cote's ruling:
"The defendants' May 15, 2012 motion to dismiss is granted as to Fisch's [*20] claims against the Individual Defendants, and denied as to Fisch's claim against the School under the whistleblower provisions of the FCA. This ruling disposes of all claims against the Individual Defendants. The Clerk of Court shall remove defendants Winnitt, Grossmann, Davis, and Rampoltd from the case."
In July, 2013, a settlement was agreed to by all parties:
JOINT MOTION TO STAY THIS ACTION PLEASE TAKE NOTICE that, Plaintiff Gene Fisch Jr. and Defendants New Heights Academy Charter School have reached a tentative agreement to settle this action. The parties jointly move this Court for a stay of the litigation in order to finalize their Settlement Agreement. Once this Agreement is executed, the parties will submit a Stipulation of Dismissal. Dated: July 9, 2013
Below is the Cote Decision.
12 Civ. 2033 (DLC)
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
2012 U.S. Dist. LEXIS 131603
September 13, 2012, Decided
September 13, 2012, Filed
COUNSEL: [*1] For Plaintiff: Jeremy Heisler, Steven L. Wittels, Andrew Melzer, Sanford, Wittels & Heisler, LLP, New York, NY; David W. Sanford, Thomas J. Henderson, Brandon Jamison, Sanford, Wittels & Heisler, LLP, Washington, DC.
For Defendants: Marjorie Kaye Jr., Samantha Abeysekera, Jackson Lewis LLP, New York, NY.
JUDGES: DENISE COTE, United States District Judge.
OPINION BY: DENISE COTE
Dated: New York, New York
September 13, 2012
/s/ Denise Cote
United States District Judge