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17-1189 - Pearson v. Renaissance Hotel Albany et al


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17-1189 - Pearson v. Renaissance Hotel Albany et al
November 15, 2017
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REPORT-RECOMMENDATION and ORDER: RECOMMENDED, that Plaintiff's claims against Defendants Milstein and Perry under Title VII be DISMISSED with prejudice; RECOMMENDED, that Plaintiff's 1 Complaint be otherwise DISMISSED without prejudice arate Judge Daniel J. Stewart on 11/15/2017. (Copy served via regular mail)(mgh)nd that prior to outright dismissal Plaintiff be afforded an opportunity to amend her Complaint, including any right-to-sue letter she has obtained from the EEOC. Objections to R&R due by 12/4/2017 Case Review Deadline 12/6/2017. Signed by Magist
April 2, 2018
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DECISION AND ORDER accepting and adopting #5 Magistrate Judge Stewart's Report and Recommendation in its entirety. Plaintiff's Title VII claims against Defendants Milstein and Perry are sua sponte DISMISSED with prejudice. The remainder of Plaintiff's Complaint shall be DISMISSED unless, within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff files an Amended Complaint that cures the pleading defects identified by Magistrate Judge Stewart in his Report-Recommendation; and it is furtherORDERED that any Amended Complaint. Any Amended Complaint filed by Plaintiff shall be a complete pleading that supersedes and replaces (and does not incorporate by reference) her original Complaint, and shall not re-assert her Title VII claims against Defendants Milstein and Perry (which have been dismissed with prejudice). Should Plaintiff file an Amended Complaint within the referenced thirty-day time period, it shall be referred to Magistrate Judge Stewart for his review. Signed by Chief Judge Glenn T. Suddaby on 4/2/18. (lmw) (Copy served upon pro se plaintiff via regular mail)