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13-1284 - Kelly v. North Shore-Long Island Health System


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13-1284 - Kelly v. North Shore-Long Island Health System
June 22, 2014
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MEMORANDUM & ORDER granting 7 Motion to Dismiss for Failure to State a Claim. For the foregoing reasons, LIJ's motion to dismiss is GRANTED with leave to replead consistent with this Memorandum and Order. If Plaintiff wishes to replead, she must do so within thirty (30) days of the date of this Memorandum and Order. If she fails to do so, the entire action will be dismissed with prejudice. So Ordered by Judge Joanna Seybert on 6/22/2014. C/ECF (Valle, Christine)
January 15, 2016
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MEMORANDUM & ORDER granting in part and denying in part 19 Motion to Dismiss; For the foregoing reasons, Defendant's motion is GRANTED IN PART and DENIED IN PART. Plaintiff's claim for ADA discrimination based on constructive discharge is DISMISSED WITH PREJUDICE. Plaintiff's claims for ADA retaliation based on her filing of the EEOC Complaint is DISMISSED WITH PREJUDICE. Plaintiff's claim for ADA retaliation based on the July 27th Call is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Plaintiff's remaining claim is for ADA discrimination based on Defendant placing her on administrative leave. So Ordered by Judge Joanna Seybert on 1/15/2016. C/ECF (Valle, Christine)