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14-6668 - Roth v. Farmingdale Public School District

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14-6668 - Roth v. Farmingdale Public School District
February 26, 2016
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ORDER granting in part and denying in part 28 Motion to Dismiss for Failure to State a Claim. For the reasons set forth herein, the Court grants in part and denies in part defendant's motion to dismiss the complaint. In an abundance of caution, the Court grants plaintiff leave to replead his Title VII, ADA, ADEA, and slander claims. In so doing, plaintiff must attempt to provide grounds for equitable tolling, and must allege how the events and incidents plaintiff describes in his complaint were taken on the basis of, or related to, plaintiff's protected status under Title VII, the ADEA, or the ADA. In repleading his state law slander claim, plaintiff must allege the time, place, and manner of the allegedly false statements, as well as to whom the statements were made. Any amended complaint shall be filed no later than thirty (30) days from the date of this Order. Plaintiff is cautioned that an amended complaint completely replaces the original, and therefore all allegations and claims against all of the defendants that plaintiff wishes to pursue must be included in the amended complaint. Failure to do so will result in dismissal of the Title VII, ADEA, ADA, and slander claims with prejudice. Ordered by Judge Joseph F. Bianco on 2/26/2016. (Dolecki, Lauren)
January 30, 2017
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ORDER granting 71 Motion for Summary Judgment. For the reasons stated herein, the Court grants defendant's motion for summary judgment (ECF No. 71) as to plaintiff's federal Title VII, ADA, ADEA, First Amendment, and Fourteenth Amendment claims, and declines to exercise jurisdiction over plaintiff's remaining New York State law claims. The Clerk of the Court shall enter judgment accordingly and close this case. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/30/2017. (Zbrozek, Alex)