Torres v. New York Metodist Hospital et al
| Nellie Torres |
| New York Methodist Hospital, Stanley Santorelli and Yvelise Torres |
| 1:2015cv01264 |
| March 11, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Pamela K. Chen |
| Viktor V. Pohorelsky |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
61
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Motion Hearing held on April 13, 2017 and ORDER granting in part and denying in part 54 Letter Motion to Compel Plaintiff to Produce Documents Improperly Withheld on the Basis of Privilege and/or to Amend Privilege Logs. Attorney Steven Seltzer appeared on behalf of Plaintiff. Attorney Brian Murphy appeared on behalf of Defendants. Detailed minutes of the motion hearing are annexed. (Tape #3:02-4:12.) (Syed, Sofie)
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Filing
31
MEMORANDUM & ORDER: For the reasons set forth in the attached, the Court finds oral argument unnecessary (see Dkt. 22) and concludes based on the parties' submissions that Defendants' partial motion to dismiss [Dkt. 17] be GRANTED i n part and DENIED in part. Defendants' motion is GRANTED with respect to Plaintiff's unexhausted Title VII hostile work environment claims based on (1) conduct that precedes April 1, 2011, and (2) sexually harassing conduct by individuals o ther than Dr. Santorelli. Defendants' motion is DENIED with respect to Plaintiff's exhausted Title VII hostile work environment claims based on (1) sexual harassment by Dr. Santorelli that occurred after April 1, 2011, and (2) the failure of NYMH management, including Defendant Torres, to respond to Plaintiff's complaints of harassment. Defendants' motion to dismiss Plaintiff's NYSHRL and NYCHRL hostile work environment claims premised on pre-April 2011 conduct as untimely is DENIED, with the exception of alleged conduct in 1993 and 1996. In addition, Defendants' motion to dismiss is GRANTED with respect to claims against Dr. Santorelli in his individual capacity: (1) under the NYSHRL for (a) direct discrimination and hostile work environment (§ 296(1)), (b) direct retaliation (§ 296(7)), and (c) aiding and abetting retaliation (§ 296(6)); and (2) under the NYCHRL for (a) direct retaliation (§ 8-107(1)(7)) and (b) aidi ng and abetting retaliation (§ 8-107(1)(6)). Defendants' motion is DENIED with respect to Plaintiff's claims against Dr. Santorelli in his individual capacity for (1) aiding and abetting discrimination and hostile work environment und er the NYSHRL (§ 296(6)) and NYCHRL (§ 8-107(1)(6)), and (2) under the NYCHRL for direct discrimination and hostile work environment (§ 8-107(1)(a)). Finally, Defendants' motion to strike certain allegations pursuant to FRCP 12(f) is DENIED in its entirety. Ordered by Judge Pamela K. Chen on 1/7/2016. (Pelaez, Jenny)
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