Edrehi v. Brookhaven Science Associates, LLC
Theresa Ann Edrehi |
Brookhaven Science Associates, LLC |
2:2015cv05940 |
October 15, 2015 |
US District Court for the Eastern District of New York |
Central Islip Office |
Sandra J. Feuerstein |
Steven I. Locke |
Civil Rights: Americans with Disabilities - Employment |
28 U.S.C. ยง 1331 Fed. Question: Employment Discrimination |
Plaintiff |
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Filing 39 ORDER ADOPTING REPORT AND RECOMMENDATIONS - Upon review, the Court is satisfied that the Report is not facially erroneous. Therefore, Magistrate Judge Shields' Report is adopted in its entirety, and Defendant's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) is granted in part and denied in part. Specifically, Defendant's motion is: (i) granted with respect to Plaintiff's claims arising under the ADA; (ii) granted with respect to Plaintiff's claims arising under T itle VII that accrued prior 4/25/2014 as such claims are time barred; and (iii) denied with respect to Plaintiff's claims arising under Title VII that accrued on or after 4/25/2014. Furthermore, Defendant's motion to strike Plaintiff's claim for economic damages pursuant to Fed. R. Civ. P. 12(f) is granted insofar as any verdict ultimately awarded for wages, accrued vacation, sick time, and the calculation of Plaintiff's seniority will be set off by amounts already awarded to Plaintiff in connection with the settlement of Plaintiff's Grievance No. 2014-030. SO Ordered by Judge Sandra J. Feuerstein on 9/27/2017. (Tirado, Chelsea) |
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Defendant: Brookhaven Science Associates, LLC | |
Represented By: | Christopher A. Parlo |
Represented By: | Melissa C. Rodriguez |
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Plaintiff: Theresa Ann Edrehi | |
Represented By: | Scott M. Mishkin |
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