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06-5425 - Collier et al v. Boymelgreen Developers


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06-5425 - Collier et al v. Boymelgreen Developers
May 17, 2007
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ORDER granting in part and denying in part 3 Motion to Dismiss. Based on the foregoing, the Court concludes as follows: (1) Plaintiff Thermidor's: (A) gender discrimination claims arising from denial of maternity leave are dismissed with prejudice; (B) gender discrimination claims arising from Imassuer's alleged sexual harassment are dismissed without prejudice; (C) racial discrimination claims for unlawful termination and hostile work environment survive Defendant's Motion to Dismiss; (D) defamation claim is dismissed with prejudice; (2) Plaintiff Collier's claims are dismissed without prejudice; (3) Plaintiffs are granted leave to replead all claims that have been dismissed without prejudice, within 30 days of the date this Memorandum and Order is filed; and (4) Defendant's request for attorneys' fees and costs is denied. Ordered by Judge Sterling Johnson, Jr. on May 17, 2007. (Johnson, Sterling)
March 28, 2008
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MEMORANDUM AND ORDER. Plaintiff Thermidor's gender discrimination claims survive Defendant's Second Motion to Dismiss, Plaintiff Collier's race discrimination claims are not time-barred and therefore survive Defendant's Second Motion to Dismiss on grounds of untimeeliness; retaliation claims are dismissed with prejudice; hostile work environment claims survive Defendant's Second Motion to Dismiss; unlawful termination claims are dismissed with prejudice; defamation claims are dismissed with prejudice; Defendant's request for sanctions, attorney's fees and costs is denied; Defendant's request to strike paragraphs 4 and 5 of the Amended Complaint is granted; Defendant's request to strike paragraphs 14 and 15 of the Amended Complaint is denied; Defendant's request to strike paragraphs 29-32 of the Amended Complaint is denied, except with respect to paragraph 31, which is stricken from the record; Defendant's request to strike paragraph 37 of the Amended Complaint is granted and Defendant's request to strike paragraph 42 of the Amended Complaint is granted. (See Attached). Ordered by Senior Judge Sterling Johnson, Jr on March 24, 2008. (Rocco, Christine)