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10-464 - Thomas, Ed. D. v. New York City Department of Education et al

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10-464 - Thomas, Ed. D. v. New York City Department of Education et al
March 29, 2013
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MEMORANDUM & ORDER: Defendants' motion is granted in the following respects. With respect to the first two causes of action, Plaintiff's hostile work environment claims under the ADA are dismissed, as are all ADEA, ADA and/or Title VII claims brought against defendants Klein, Finley, Reedy, Lacey-Berman and Paradis in their individual capacities. Any employment discrimination claims relating to Finley's 2003, 2004, and 2005 decision not to appoint Plaintiff as a guidance counselor are dismissed as time-barred. The question of whether Plaintiff may conduct discovery with respect to these three decisions is respectfully referred to Magistrate Judge Pollak to hear and determine. This Court reserves decision on whether evidence uncovered in the course of that discovery, if any, will be admissible at a trial in this case. Plaintiff's third and fourth causes of action alleging violations of the NYSHRL and NYCHRL, respectively and the sixth cause of action, alleging negligent and intentional infliction of emotional distress, are dismissed. To the extent that Plaintiff's fifth cause of action, alleging violations of 42 U.S.C. §1983, includes claims based on (1) due process and equal protection violations relating to the DOE's disciplinary proceedings, (2) violations of employment discrimination statutes, or (3) violations of substantive due process based on Plaintiff's treatment following her return to BHSA, those claims are dismissed. This Court expresses no opinion as to whether Plaintiff's Complaint states a §1983 claim based on due process or equal protection violations arising from age discrimination. Defendants' motion to dismiss is denied in all other respects. Ordered by Judge Sandra L. Townes on 3/29/2013. (Frullo, Veronica) Modified on 4/3/2013 (Frullo, Veronica).
March 30, 2018
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MEMORANDUM & ORDER, For the reasons set forth above, the Court denies Thomas's motion for reconsideration and Defendants' motion to dismiss under Rule 41(b). So Ordered by Judge Carol Bagley Amon on 3/30/18. (Lee, Tiffeny)