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15-1503 - Blundell v. Nihon Kohden America et al


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15-1503 - Blundell v. Nihon Kohden America et al
January 23, 2017
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DECISION AND ORDER granting in part and denying in part #14 Defendant's Motion to Dismiss Plaintiff's Amended Complaint for failure to state a claim. The following claims are DISMISSED from Plaintiff's Amended Complaint: (1) Plaintiff's age discrimination claims pursuant to the ADEA and NYSHRL; (2) Plaintiff's disability discrimination claims pursuant to the ADA and NYSHRL; and (3) Plaintiff's failure-to-accommodate claims pursuant to the ADA and NYSHRL, to the extent that they are predicated upon his request for an accommodation to remain seated while teaching. The following claims SURVIVE Defendant's motion: (1) Plaintiff's failure-to-accommodate claims pursuant to the ADA and NYSHRL, to the extent that they are predicated upon his requests for use of the company rental car and skycap services to assist in transporting his luggage while traveling on work assignments; and (2) Plaintiff's retaliation claims pursuant to the ADEA, ADA, and NYSHRL. Defendant is directed to file an answer to Plaintiff's Amended Complaint within 14 days of the date of this Decision and Order pursuant to Fed. R. Civ. P. 12(a)(4)(A). This case is referred back to Magistrate Judge Peebles for a Rule 16 conference and the scheduling of pretrial deadlines. Signed by Chief Judge Glenn T. Suddaby on 1/23/17. (lmw)