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13-1572 - LeBarron v. Warren County Sheriff's Office et al


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13-1572 - LeBarron v. Warren County Sheriff's Office et al
May 13, 2015
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DECISION AND ORDER granting in part and denying in part #13 Defendant NYSP Officer Barboza's motion to dismiss for failure to state a claim as set forth in Part III.A. of this Decision and Order; granting in part and denying in part #22 County Defendants' Motion for judgment on the pleadings as set forth in Part III.B. of this Decision and Order. The following claims in Plaintiff's Complaint SURVIVE Defendants' motions to dismiss: (1) her claim that Defendant County Sheriff's Office discriminated against her based on her gender in violation of Title VII, to the extent the claim is based on events occurring after April 16, 2011; and (2) her claim that Defendants York, LaFarr and Marlo Barboza discriminated against her based on her gender in violation of 42 U.S.C. § 1983 and the Fourteenth Amendment. The following claims in Plaintiff's Complaint are conditionally DISMISSED in that they shall be dismissed without further Order of this Court unless, within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff files an AMENDED COMPLAINT correcting the pleading defects in the claims: (1) her claim that Defendant Trooper Barboza retaliated against her based on her EEOC complaint (and internal complaints) in violation of 42 U.S.C. § 1983 and the First Amendment; (2) her claim that Defendants County Sheriffs Office, Gates, Maday, Farmer, Clifford, Feldeison, Farmer, Perilli, Gordon and Kelly discriminated against her based on her gender in violation of 42 U.S.C. § 1983 and the Fourteenth Amendment; (3) her claim that Defendant County Sheriffs Office discriminated against her based on her gender in violation of Title VII, to the extent the claim is based on events occurring before April 16, 2011; (4) her claim that Defendant County Sheriff's Office retaliated against her based on her EEOC complaint in violation of Title VII; and (5) her claim that the individual County Defendants retaliated against her based on her EEOC complaint in violation of 42 U.S.C. § 1983 and the First Amendment. The remainder of Plaintiff's claims as set forth in this Decision and Order are DISMISSED with prejudice and without a further opportunity to amend. This case is referred back to Magistrate Judge Hummel for a Rule 16 conference and the setting of pretrial scheduling deadlines. Signed by Judge Glenn T. Suddaby on 5/13/15. (lmw) (Copy served upon pro se plaintiff via regular mail)
April 6, 2016
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igned by Magistrate Judge Christian F. Hummel on 04/06/2016. (Attachments: # (1) Unpublished Case)(hmr)REPORT AND RECOMMENDATIONS and ORDER: re 1 Complaint filed by Michelle A. LeBarronRecommended that defendants' motion to dismiss for failure to prosecute (Dkt. No. 50) be Granted; and that the complaint (Dkt. No. 1) be dismissed in it entirety; and Ordered, that copies of this Report-Recommendation and Order be served on the parties in accordance with the Local Rules. re 1 Complaint filed by Michelle A. LeBarron. Objections to R&R due by 4/25/2016 Case Review Deadline 4/27/2016 S
May 6, 2016
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DECISION AND ORDER: that Magistrate Judge Hummel's Report-Recommendation (Dkt. No. 57) is Accepted and Adopted in its entirety, that Defendants' motion to dismiss (Dkt. No. 50) is Granted, that Plaintiff's Complaint (Dkt. No. 1) is Dismissed in its entirety and that the Clerk of the Court shall enter Judgment for Defendants and close this action. Signed by Chief Judge Glenn T. Suddaby on 05/06/2016. (hmr)
May 6, 2016
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JUDGMENT dismissing Plaintiff's Complaint (Dkt. No.: 1) in accordance with the 58 Decision and Order of the Honorable Chief Judge Glenn T. Suddaby dated 05/06/2016. (hmr)