Citation Codes Equivalent Citations citation codes Docket Number No. 1:09-CV-690-DNH-DRH. Motions Motion to dismiss : Denied Judges David N. Hurd See more information ... Smart Summary Please sign up to generate summary. KENT SINGER; THOMAS NOLLNER; and JONATHAN DECKER, Plaintiffs, v. CHRISTOPHER C. FERRO, in his indi ORDER DAVID HURD, District Judge Pursuant to the oral decision of the court, entered into the record after hearing oral argument on June 2, 2010, in Utica, New York, it is hereby ORDERED that defendants' motion to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) is DENIED. IT IS SO ORDERED.