Aiola v. Malverne Union Free School District et al
| Nicholas Aiola |
| James Bosworth, Spiro Colaitis, James Hunderfund, Malverne Union Free School District and Malverne Union Free School District Board of Education |
| 2:2015cv00064 |
| January 7, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Arthur D. Spatt |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
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Filing
69
MEMORANDUM OF DECISION & ORDER - Based on the foregoing, the Defendants' 55 motion for summary judgment is granted in part and denied in part. In particular, the Court GRANTS the following portions of the motion: (1) The First Cause of Ac tion against the District and the Board is dismissed insofar as it alleges a failure to accommodate and/or a hostile work environment under the ADA; the Rehabilitation Act; and the NYSHRL; (2) The Third Cause of Action against the District and the Bo ard, alleging retaliation under the ADA; the Rehabilitation Act; and the NYSHRL, is dismissed in its entirety; (3) The Fourth Cause of Action, alleging aider and abettor liability under the NYSHRL, is dismissed as against the individual Defendants H underfund and Bosworth only; and (4) The Fifth Cause of Action against the individual Defendant Colaitis, alleging New York defamation, is dismissed in its entirety. Insofar as the Fourth Cause of Action contained the only remaining claims against th e individual Defendants Hunderfund and Bosworth, this action is dismissed as against them in its entirety. Further, the Court DENIES the following portions of the motion: (1) The First Cause of Action against the District and the Board survives insof ar as it alleges intentional discrimination under the ADA; the Rehabilitation Act; and the NYSHRL; and (2) The Fourth Cause of Action, alleging aider and abettor liability under the NYSHRL, survives as against the individual Defendant Colaitis only. Therefore, the sole issue remaining for trial is whether, in May 2011, the District and the Board, aided and abetted by Colaitis, intentionally discriminated against the Plaintiff on the basis of a disability by removing him from the position of Dis trict Checker.Consistent with this opinion, the Clerk of the Court is respectfully directed to amend the official caption as follows: (see Decision). This case is respectfully referred back to United States Magistrate Judge Anne Y. Shields for the completion of discovery. SEE ATTACHED DECISION for details. It is So Ordered by Judge Arthur D. Spatt on 9/5/2017. Parties James Bosworth and James Hunderfund terminated. (Coleman, Laurie)
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Filing
40
ORDER - The April 5, 2016 27 Report and Recommendation by Magistrate Judge Shields is adopted in its entirety, and the Plaintiffs 27 motion for further leave to amend his amended complaint is denied. The Court notes that, according to the most re cent scheduling order in this case, the deadline to complete discovery is May 1, 2016. The Court respectfully refers this matter back to Judge Shields for a conference to assess the need, if any, for additional discovery, and to establish a timetable for setting a trial date. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 4/20/2016. (Coleman, Laurie)
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Filing
17
MEMORANDUM OF DECISION AND ORDER granting in part and denying in part 8 Motion to Dismiss - For the reasons set forth herein, the Court grants in part and denies in part the Defendants motion to dismiss. The Court grants the motion and dismisses the Plaintiffs Second Cause of Action based on national origin-based discrimination under the NYSHRL; the Fourth Cause of Action insofar as it seeks to impose individual liability against Defendants Hunderfund, Bosworth, and Colaitis for aiding and a betting national origin-based discrimination under the NYSHRL; and the Sixth Cause of Action for a violation of NYLL § 220. The Court denies the motion to dismiss the Fourth Cause of Action insofar as it seeks to impose individual liability agai nst Hunderfund for aiding and abetting disability discrimination and retaliation under the NYSHRL; and the First, Second, Third, and Fourth Causes of Action insofar as they allege violations of the NYSHRL. Finally, the Court denies without prejudice the Plaintiffs request for leave to amend as procedurally improper, and grants the Plaintiff leave to renew his request in a manner consistent with Fed. R. Civ. P. 15. So Ordered by Judge Arthur D. Spatt on 7/13/15. (Coleman, Laurie)
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