Garcia v. College of Staten Island

Garcia v. College of Staten Island

Plaintiff:	John J. Garcia
Defendant:	College of Staten Island
Case Number:	1:2011cv02252
Filed:	May 10, 2011
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Lois Bloom
Presiding Judge:	Kiyo A. Matsumoto
Nature of Suit:	Civil Rights: Jobs
Cause of Action:	42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 10, 2012	Filing 22 ORDER ADOPTING REPORT AND RECOMMENDATIONS. For the reasons set forth in the attached Memorandum and Order, the Report and Recommendation issued by Magistrate Judge Bloom on 7/31/12 is adopted in its entirety. Defendant's motion to dismiss is g ranted in part and denied in part, as follows: (1) plaintiff's hostile work environment/sexual harassment claim is dismissed except for the claim based on allegations of harassment by Officer Robertson; (2) plaintiff's retaliation claims ar e dismissed except those based on plaintiff's complaint of Robertson's harassment, Mallon's promotion, and Clark's misconduct regarding Leung; (3) defendant's motion to dismiss the 2007 failure-to-promote claim is denied as m oot. The remainder of plaintiff's claims will proceed.The parties are directed to meet and confer and to contact Magistrate Judge Bloom in the near future to set a schedule for discovery. Additionally, the parties are ordered to submit a joint status letter to the court on or before October 3, 2012. Defendant shall serve a copy of this Memorandum and Order upon plaintiff and file a certificate of service via ECF by September 12, 2012. Ordered by Judge Kiyo A. Matsumoto on 9/10/2012. (Kelley, Jamuna)

Date Filed

Document Text

September 10, 2012

Filing 22 ORDER ADOPTING REPORT AND RECOMMENDATIONS. For the reasons set forth in the attached Memorandum and Order, the Report and Recommendation issued by Magistrate Judge Bloom on 7/31/12 is adopted in its entirety. Defendant's motion to dismiss is g ranted in part and denied in part, as follows: (1) plaintiff's hostile work environment/sexual harassment claim is dismissed except for the claim based on allegations of harassment by Officer Robertson; (2) plaintiff's retaliation claims ar e dismissed except those based on plaintiff's complaint of Robertson's harassment, Mallon's promotion, and Clark's misconduct regarding Leung; (3) defendant's motion to dismiss the 2007 failure-to-promote claim is denied as m oot. The remainder of plaintiff's claims will proceed.The parties are directed to meet and confer and to contact Magistrate Judge Bloom in the near future to set a schedule for discovery. Additionally, the parties are ordered to submit a joint status letter to the court on or before October 3, 2012. Defendant shall serve a copy of this Memorandum and Order upon plaintiff and file a certificate of service via ECF by September 12, 2012. Ordered by Judge Kiyo A. Matsumoto on 9/10/2012. (Kelley, Jamuna)

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Plaintiff: John J. Garcia
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Defendant: College of Staten Island
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