Collins v. City Of New York ; et al
Latanya M Collins |
City Of New York ;, New York City Department Of Education ("DOE"), Timothy Lisante, Robert Zweig and Joan Indart-Etienne |
1:2015cv05008 |
June 26, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
Queens |
Valerie E. Caproni |
Employment |
42 U.S.C. ยง 1981 |
Plaintiff |
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Filing 24 MEMORANDUM OPINION & ORDER re: 16 MOTION to Dismiss the Complaint, filed by Timothy Lisante, New York City Department Of Education ("DOE"), Joan Indart-Etienne, City Of New York, Robert Zweig. For the foregoing reasons , Collins first, fifth through seventh, and ninth through eleventh causes of action are DISMISSED with prejudice. Collins' eighth cause of action brought under the Rehabilitation Act is DISMISSED without prejudice and with leave to amend as to D efendants Zweig and Lisante for claims arising after June 26, 2012, and DISMISSED with prejudice as to Defendants Indart-Etienne and DOE for claims arising prior to June 26, 2012. Collins' second through fourth causes of action are DISMISSED wit h prejudice as to all Defendants except Indart-Etienne. The parties must address whether Collins' state and municipal claims should be dismissed for lack of subject matter jurisdiction. Defendants must file a letter brief no later than January 2 9, 2016, and Collins must respond no later than February 12, 2016. Defendants must answer the Complaint no later than February 2, 2016. The Clerk of the Court is respectfully directed to close docket entry sixteen. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 1/11/2016) (spo) |
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