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13-7144 - Jones-Khan v. Westbury Board of Education - Westbury Union Free School District et al


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13-7144 - Jones-Khan v. Westbury Board of Education - Westbury Union Free School District et al
February 7, 2014
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ORDER re: 2 Motion for Leave to Proceed in forma pauperis is GRANTED. The Clerk of the Court is directed to forward copies of the Summonses, Complaint, and this Order to the Marshal Service for service upon the Defendants without prepayment of fees forthwith. Ordered by Judge Joanna Seybert on 2/7/2014. (Nohs, Bonnie)
March 31, 2015
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MEMORANDUM & ORDER: For the foregoing reasons, Defendants'16 Motion to Dismiss the Amended Complaint is GRANTED IN PART and DENIED IN PART as follows: Defendants motion is GRANTED with respect to: (1) all claims under Title VII and the ADEA against Zimbler; (2) the failure to promote claims under Title VII and the ADEA against the District; (3) the retaliatory discharge claim under Title VII against the District based on Plaintiffs alleged complaints regarding Zimblers alleged discriminatory conduct; and (4) the breach of contract claim against the District and Zimbler. Since amendment of these claims would be futile, these claims are DISMISSED WITH PREJUDICE. Defendants motion to dismiss is DENIED with respect to Plaintiffs retaliatory discharge claim under Title VII against the District based on Plaintiffs alleged support of the former school principal. The District has not moved to dismiss Plaintiffs disparate treatment claims under Title VII or the ADEA. These claims will therefore proceed to discovery. Since there are no claims remaining against Zimbler, the Clerk of the Court is directed to TERMINATE him as a defendant in this action. David Zimbler terminated. Defendants' 11 Motion to Dismiss the original Complaint is DENIED AS MOOT. Ordered by Judge Joanna Seybert on 3/31/2015. c/m by cm/ecf. (Mahon, Cinthia)
April 25, 2017
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MEMORANDUM & ORDER granting 49 Motion for Summary Judgment; For the foregoing reasons, Defendant's motion for summary judgment (Docket Entry 49) is GRANTED. The Clerk of the Court is directed to enter judgment accordingly and mark this case CLOSED. So Ordered by Judge Joanna Seybert on 4/25/2017. C/ECF (Valle, Christine)