MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff John Doe brings this negligence action against the Roman Catholic Diocese of Erie, Pennsylvania (“Diocese”); Mercyhurst University (“Mercyhurst”); Sisters of Mercy of the Americas, Inc. (“the Institute”); and Sisters of Mercy of the Americas New York, Pennsylvania, Pacific West Community, Inc. (“SOM New York”), (collectively, “Defendants”). Dkt. No. 2 (“Complaint”). Now before the Court is a motion to dismiss brought by the Institute and SOM New York, Dkt. No. 53 (“SOM Motion to Dismiss”), Dkt. No. 53-1 (“SOM Memorandum in Support of Motion to Dismiss”), and Plaintiff’s motion to amend his Complaint, Dkt. No. 54, (“Motion to Amend”), Dkt. No. 54-6 (“Plaintiff’s Memorandum in Support of Motion to Amend”). Plaintiff has opposed the motion to dismiss, Dkt. No. 55 (“Plaintiff’s Response to Motion to Dismiss”), and Defendants SOM New York and the Institute have replied, Dkt. No. 56 (“SOM Reply in Support of Motion to Dismiss”). Additionally, all Defendants have opposed Plaintiff’s Motion to Amend. Dkt. No. 57 (“Mercyhurst Response to Motion to Amend”); Dkt. No. 58 (“Diocese Response to Motion to Amend”); Dkt. No. 59 (“SOM Response to Motion to Amend”). For the reasons that follow, the Court denies Plaintiff’s Motion to Amend and grants the Motion to Dismiss filed by the Institute and SOM New York. II. BACKGROUND A. Procedural History On March 4, 2021, Plaintiff filed his Complaint against Defendants in New York Supreme Court, Tompkins County. See Complaint. On March 7, 2020, the action was removed to this Court. See Dkt. No. 1. Subsequently, each of the respective defendants filed a motion to dismiss. See Dkt. Nos. 24, 25, 36. The Diocese, Mercyhurst, and the SOM Americas defendants were dismissed from this action on the grounds that the Complaint did not establish personal jurisdiction against them in the state of New York. See Dkt. Nos. 48, 52. Plaintiff was given leave to replead to establish such jurisdiction. Id. The remaining defendant, SOM New York, filed the present motion to dismiss for failure to state a claim on April 16, 2021. See SOM Mot. to Dismiss. Shortly thereafter, Plaintiff filed the other motion addressed in this order, Plaintiff’s motion to amend his Complaint to cure the jurisdictional deficiencies outlined in the Court’s grant of dismissal. See Mot. to Amend. Plaintiff’s Proposed Amended Complaint reasserts causes of actions against all defendants alleging negligence, negligent training and supervision, and negligent retention. See PAC
130-159. B. Factual History1 Plaintiff is a 68-year-old resident of California. PAC 2. The Diocese has its principal place of business in Erie, Pennsylvania and owns and operates St. John the Baptist Parish (“St. John’s”). Id.
