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16-556 - Yennard v. Herkimer BOCES et al


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16-556 - Yennard v. Herkimer BOCES et al
March 14, 2017
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DECISION AND ORDER granting in part and denying in part #21 Defendants' Motion for Judgment on the Pleadings; and granting in part and denying in part #30 Plaintiff's Cross-Motion for leave to file an Amended Complaint. Based upon Defendants' motion for judgment on the pleadings, the following claims are also DISMISSED from Plaintiff's Complaint: (1) Plaintiff's Second Cause of Action (asserting a retaliation claim pursuant to the Rehabilitation Act); (2) Plaintiff's Third Cause of Action (asserting a retaliation claim pursuant to the ADA); (3) Plaintiff's Fourth Cause of Action (asserting a hostile-learning-environment claim pursuant to the Rehabilitation Act); (4) Plaintiff's Fifth Cause of Action (asserting a hostile-learning-environment claim pursuant to the ADA); (5) Plaintiff's Seventh Cause of Action (asserting a defamation claim); (6) Plaintiff's Eighth Cause of Action (asserting a negligence claim); (7) Plaintiff's Ninth Cause of Action (asserting a breach-of-contract claim); and (8) Plaintiff's Tenth Cause of Action (asserting an intentional-infliction-of-emotional-distress claim). Based upon Plaintiff's cross-motion for leave to file an Amended Complaint, and in accordance with Plaintiff's Proposed Amended Complaint, the following claims are also DISMISSED from this action: (1) Plaintiff's Sixth Cause of Action (asserting a claim of disability discrimination pursuant to NYSHRL § 296); and (2) Plaintiff's Eleventh Cause of Action (asserting a claim pursuant to 42 U.S.C. § 1983 for violation of her civil rights). Based upon Plaintiff's cross-motion for leave to file an Amended Complaint, and in accordance with Plaintiff's Proposed Amended Complaint, Plaintiff's request to interpose a discrimination claim pursuant to the ADA is GRANTED. The following claims remain PENDING in this action:(1) Plaintiff's First Cause of Action in her Proposed Amended Complaint (asserting a discrimination claim pursuant to Section 504 of the Rehabilitation Act); and (2) Plaintiff's proposed Second Cause of Action in her Proposed Amended Complaint (asserting a discrimination claim pursuant to the ADA). Plaintiff shall, within SEVEN (7) DAYS from the date of this Decision and Order, file a revised, signed Amended Complaint that omits the claims dismissed by, and asserts only the claims permitted by, this Decision and Order. Defendants are directed to file an answer to Plaintiffs Amended Complaint in accordance with the Federal Rules of Civil Procedure. This case is referred back to Magistrate Judge Baxter for the setting of pretrial deadlines. Signed by Chief Judge Glenn T. Suddaby on 3/14/17. (lmw)