Placide-Eugene v. Visiting Nurse Service of New York et al
| Marie Placide-Eugene |
| Marian Haas, Jill Mendelson, Visiting Nurse Service of New York and Eloise Goldberg |
| 2:2012cv02785 |
| June 4, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Arthur D. Spatt |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
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Filing
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MEMORANDUM OF DECISION AND ORDER - It is hereby: ORDERED that the Plaintiffs NYSHRL claims are dismissed; and it is further ORDERED that the Plaintiffs 42 U.S.C. §§ 1981 and 1983 claims against the Individual Defendants Eloise Goldberg, Ji ll Mendelson and Marian Haas are dismissed and, as such, the Individual Defendants are dismissed from this action entirely; and it is further ORDERED that the Defendants motion to dismiss the Plaintiffs Title VII claim alleging discrimination and ret aliation based on national origin is denied; and it is further ORDERED that the Plaintiff is directed, within ten days of the date of this Order, to file an amended complaint asserting that the white or Caucasian nurses she references in her Complai nt are also non-Haitians if the Plaintiff believes that is factually correct. The Plaintiff may make these assertions upon information and belief. Failure to do so will result in the dismissal of her Title VII claim alleging national origin-based dis crimination and retaliation; and it is further ORDERED that the Defendants motion to dismiss the Plaintiffs Title VII harassment or hostile work environment claim based on national origin is granted; and it is further ORDERED that the Court sua spont e dismisses the Plaintiffs Title VII harassment or hostile work environment claim based on race/color; and it is further ORDERED that the caption in this action is amended to read as follows: (see "Decision"). Ordered by Judge Arthur D. Spatt on 5/30/2013. (Coleman, Laurie)
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