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16-238 - Pertillar v. AAA Western and Central New York et al


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16-238 - Pertillar v. AAA Western and Central New York et al
January 26, 2018
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MEMORANDUM-DECISION and ORDER - That Pertillar's [21 cross-motion to amend his complaint is GRANTED, and he is directed to file his amended complaint immediately. That defendants' 16 motion to dismiss is GRANTED IN PART and DENIED IN PART as follows: DENIED as to the second cause of action in Pertillar's amended complaint for a violation of Section 1981 as against AAA (Am. Compl. paragraphs 33-34), the fourth cause of action in Pertillar's amended complaint for Title VII retaliation against AAA (Am. Compl. paragraphs 39-40), and the fifth cause of action in Pertillar's amended complaint for Section 1981 retaliation as against AAA (Am. Compl. paragraphs 42-43). GRANTED in all other respects. That the Clerk terminate defendants Rollin Skellington and Joseph Britton from this action. Signed by Senior Judge Gary L. Sharpe on 1/26/2018 (jel, )