Parker v. BJs Wholesale Club, Inc.

Parker v. BJs Wholesale Club, Inc.

Plaintiff:	Mark L. Parker
Defendant:	BJs Wholesale Club, Inc.
Case Number:	2:2013cv06065
Filed:	October 29, 2013
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Joanna Seybert
Presiding Judge:	William D. Wall
Nature of Suit:	Civil Rights: Jobs
Cause of Action:	42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By:	None

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Date Filed	Document Text
March 18, 2015	Filing 19 MEMORANDUM & ORDER granting in part and denying in part 15 Motion to Dismiss for Failure to State a Claim; Defendant's motion to dismiss (Docket Entry 15) is GRANTED IN PART and DENIED IN PART. Specifically, Plaintiff's claims for ag e discrimination (Count II), retaliation (Count IV), and breach of contract are DISMISSED WITH PREJUDICE. Plaintiff's claims for racial discrimination under Title VII and the NYSHRL (Counts III and V) are DISMISSED WITHOUT PREJUDICE and WITH LEA VE TO REPLEAD. The balance of Defendant's motion is DENIED. Thus, Plaintiff's claim for disparate treatment (Count I) is the only claim that remains unchanged by this Order. If Plaintiff wishes to file a Second Amended Complaint he must do so within thirty (30) days of the date of this Order. If Plaintiff fails to file a Second Amended Complaint Counts III and V will be DISMISSED WITH PREJUDICE. So Ordered by Judge Joanna Seybert on 3/18/2015. C/ECF (Valle, Christine)
January 10, 2014	Filing 5 MEMORANDUM & ORDER re: 2 Motion for Leave to Proceed in forma pauperis is GRANTED but his ADEA claim is sua sponte DISMISSED WITHOUT PREJUDICE for failure to state a claim. If Plaintiff wishes to file an Amended Complaint he must do so by February 12, 2014. If Plaintiff does not timely file an Amended Complaint, his ADEA claim against Defendant will be dismissed with prejudice. Plaintiff's Title VII claims shall proceed, however no summons shall issue at this time. This action shall be ST AYED for 45 days, at the cvonclusion of which, if Plaintiff has not filed an Amended Complaint, the Clerk of the Court is directed to issue a Summons for BJ's and to forward the Summons, a copy of the Complaint, and a copy of this Order to the USMS for service. The Court certifies that any appeal from this Order would not be taken in good faith and in forma pauperis status is DENIED for the purpose of any appeal. Ordered by Judge Joanna Seybert on 1/10/2014. (C/M Plaintiff) (Nohs, Bonnie)

Date Filed

Document Text

March 18, 2015

Filing 19 MEMORANDUM & ORDER granting in part and denying in part 15 Motion to Dismiss for Failure to State a Claim; Defendant's motion to dismiss (Docket Entry 15) is GRANTED IN PART and DENIED IN PART. Specifically, Plaintiff's claims for ag e discrimination (Count II), retaliation (Count IV), and breach of contract are DISMISSED WITH PREJUDICE. Plaintiff's claims for racial discrimination under Title VII and the NYSHRL (Counts III and V) are DISMISSED WITHOUT PREJUDICE and WITH LEA VE TO REPLEAD. The balance of Defendant's motion is DENIED. Thus, Plaintiff's claim for disparate treatment (Count I) is the only claim that remains unchanged by this Order. If Plaintiff wishes to file a Second Amended Complaint he must do so within thirty (30) days of the date of this Order. If Plaintiff fails to file a Second Amended Complaint Counts III and V will be DISMISSED WITH PREJUDICE. So Ordered by Judge Joanna Seybert on 3/18/2015. C/ECF (Valle, Christine)

January 10, 2014

Filing 5 MEMORANDUM & ORDER re: 2 Motion for Leave to Proceed in forma pauperis is GRANTED but his ADEA claim is sua sponte DISMISSED WITHOUT PREJUDICE for failure to state a claim. If Plaintiff wishes to file an Amended Complaint he must do so by February 12, 2014. If Plaintiff does not timely file an Amended Complaint, his ADEA claim against Defendant will be dismissed with prejudice. Plaintiff's Title VII claims shall proceed, however no summons shall issue at this time. This action shall be ST AYED for 45 days, at the cvonclusion of which, if Plaintiff has not filed an Amended Complaint, the Clerk of the Court is directed to issue a Summons for BJ's and to forward the Summons, a copy of the Complaint, and a copy of this Order to the USMS for service. The Court certifies that any appeal from this Order would not be taken in good faith and in forma pauperis status is DENIED for the purpose of any appeal. Ordered by Judge Joanna Seybert on 1/10/2014. (C/M Plaintiff) (Nohs, Bonnie)

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Defendant: BJs Wholesale Club, Inc.
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