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Curtis v. Gates Community Chapel of Rochester

Negligence-Based Claims Arising From Sexual Assault at Private School Partly Dismissed

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DECISION AND ORDER INTRODUCTION Plaintiff Melissa Curtis (“Plaintiff”) commenced this negligence action, arising under this Court’s diversity jurisdiction, against Defendants Gates Community Chapel of Rochester, Inc. d/b/a Freedom Village USA (“FVU”) and Fletcher A. Brothers a/k/a Pastor Brothers (“Brothers”) (collectively “Defendants”). (Dkt. 1). Presently before the Court is Defendants’ motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). (Dkt. 36). For the following reasons, Defendants’ motion is granted in part and denied in part. BACKGROUND The following facts are taken from Plaintiff’s complaint. (Dkt. 1). Plaintiff, a citizen of the Commonwealth of Pennsylvania, attended FVU, a private school for troubled teens located in Lakemont, New York, from the fall of 1996 through the spring of 2001. (Id. at

1, 5). She alleges that FVU and Brothers are both citizens of the State of New York. (Id. at

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