Maioriello v. New York State Office for People with Developmental Disabilities et al
| Mary Maioriello |
| New York State Office for People with Developmental Disabilities, Katherine Bishop, Max E. Chmura, Diana Jones Ritter, David M. Slingerland, Leslie Meisner, Bill Murray, Leslie Fleud, Kathy LaBarge, John Doe(s) and Jane Doe(s) |
| 1:2014cv00214 |
| February 27, 2014 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Christian F. Hummel |
| Glenn T. Suddaby |
| Employment |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
96
DECISION AND ORDER granting # 84 Defendants' Motion for Summary Judgment. Plaintiff's amended complaint is dismissed. Signed by Chief Judge Glenn T. Suddaby on 9/27/17. (lmw)
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Filing
32
DECISION AND ORDER granting in part and denying in part # 6 Defendants' Motion to Dismiss Plaintiff's complaint, such that all of Plaintiff's claims are dismissed except the following claims which survive Defendants' motion: (1) Plaintiff's claims of retaliation under the Rehabilitation Act, and Title V of ADA to the extent they are based on a violation of Title II, against the individual Defendants in their official capacities for prospective declaratory and injunctive relief; (2) Plaintiff's claims of retaliation under the Rehabilitation Act, and Title V of the ADA to the extent they are based on a violation of Title II, against Defendant NYS OPWDD; (3) Plaintiff's claim of interference, coercion or int imation under 42 U.S.C. § 12203(b) of the ADA against Defendant NYS OPWDD; and (4) Plaintiff's claim of retaliation under N.Y. Executive Law § 296(6) against all Defendants. It is ORDERED that Plaintiff's # 13 cross-motion for l eave to file an Amended Complaint is granted in part and denied in part such that Plaintiff may file a signed copy of her proposed Amended Complaint, but all of the claims contained therein are DISMISSED except the claims recited in the preceding par agraph. Plaintiff shall file a signed copy of her Amended Complaint within SEVEN (7) DAYS of the date of entry of this Decision and Order. Defendants are directed to file an answer to the Plaintiff's Amended Complaint within Fourteen (14) days from the date that Plaintiff files her Amended Complaint pursuant to Fed.R.Civ.P. Rule 12(a)(4)(a), and this case is referred back to Magistrate Judge Hummel for the setting of pretrial scheduling deadlines. Plaintiff is reminded of her duty to timely serve Defendant Lisa Meisner, and her duty to timely identify and serve the John and Jane Doe Defendants, or risk dismissal of her claims against those individuals. Signed by Chief Judge Glenn T. Suddaby on 9/30/15. (lmw)
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