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17-1137 - Sealy v. State University of New York at Stony Brook et al


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17-1137 - Sealy v. State University of New York at Stony Brook et al
March 27, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION; ORDERED that (1) the motion to dismiss (ECF No. 9) is granted in its entirety as to all defendants, (2) plaintiff is granted leave to replead the Title VII discrimination, hostile work environment, and retaliation claims against the University, consistent with the specifications set forth in this Order, as well as any potential state law claims, and (3) the motion to disqualify counsel filed by plaintiff (ECF No. 16) is denied. IT IS FURTHER ORDERED that plaintiff must file an amended complaint within thirty (30) days of the date of this Order. The amended complaint must not include any claims that the Court has dismissed with prejudice, which include plaintiff's claims pursuant to OSHA, MIERA, and the CAA, as well as plaintiff's Title VII claims against the Employee Defendants. Plaintiff is warned that failure to file an amended complaint will result in the dismissal of his federal claims with prejudice, and the case will be closed. IT IS FURTHER ORDERED that defendants serve a copy of this Order on plaintiff. So Ordered by Judge Joseph F. Bianco on 3/27/2018. (Valle, Christine)