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17-378 - Barr v. Bass Pro Shops


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17-378 - Barr v. Bass Pro Shops
March 13, 2018
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ORDER granting in part and denying in part 13 Motion to Dismiss for Failure to State a Claim. Defendant's motion to dismiss (Dkt. No. 13) is GRANTED as to Plaintiff's Title VII failure to train claim, and New York state law fraudulent inducement claim; Plaintiff's Title VII failure to train claim is DISMISSED without prejudice to repleading within thirty (30) days of the date of this order; Plaintiff's state law fraudulent inducement claim is DISMISSED with prejudice. Defendant's motion to dismiss is otherwise DENIED. Plaintiff is granted leave to file an amended complaint within thirty (30) days of the date of this Order; if Plaintiff fails to file an amended complaint within thirty (30) days of the date of this Order, this case will proceed on the basis of the original Complaint. Signed by Judge Brenda K. Sannes on 3/13/18. (Copy served on plaintiff via regular and certified mail)(rjb, )