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12-1087 - Smith v. United States Dept. of Homeland Security


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12-1087 - Smith v. United States Dept. of Homeland Security
January 15, 2013
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MEMORANDUM-DECISION and ORDER - That Magistrate Judge Therese Wiley Danck's November 13, 2012 Report-Recommendation and Order (Dkt. No. 5) is ADOPTED in its entirety. That Smith's Complaint (Dkt. No. 1) is DISMISSED with leave to amend her Title VII and ADA claims. That Smith may - in accordance with the requirements of N.D.N.Y.L.R. 7.1(a)(4) - file an Amended Complaint, if she can, in good faith, allege sufficient facts to cure the deficiencies articulated in Judge Danck's R&R, within forty-five (45) days of this order. That if Smith fails to file an Amended Complaint within forty-five (45) days of the date of this Memorandum-Decision and Order, the Clerk is directed to close this case without further order of the court. Signed by Chief Judge Gary L. Sharpe on 1/15/2013. (Attachments: # (1) Judge Danck's Report-Recommendation)(jel, )
April 28, 2015
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MEMORANDUM-DECISION and ORDER - that defendants' 22 Partial Motion to Dismiss is GRANTED, and Smith's claims pursuan to the ADA and the Rehabilitation Act are DISMISSED, leaving only a claim pursuant to Title VII of the Civil Rights Act of 1964. That the parties contact Magistrate Judge Therese Wiley Dancks to schedule further proceedings in the case. Signed by Chief Judge Gary L. Sharpe on 4/28/2015. (jel, )
March 30, 2018
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MEMORANDUM-DECISION and ORDER - That the Clerk substitute Kirstjen M. Nielsen for defendant Janet Napolitano and amend the caption accordingly. That the TSA's 45 motion for summary judgment is GRANTED. That Smith's amended complaint (Dkt. No. 11) is DISMISSED. That the Clerk close this case. Signed by Senior Judge Gary L. Sharpe on 3/30/2018. (Copy served via regular and certified mail)(jel, )