Trostle v. The State of New York et al
Melissa Trostle |
The State of New York, Theresa Knapp-David and Doug Botsford |
1:2013cv00709 |
June 19, 2013 |
US District Court for the Northern District of New York |
Albany Office |
Greene |
Glenn T. Suddaby |
Randolph F. Treece |
Family and Medical Leave Act |
29 U.S.C. ยง 2601 Family and Medical Leave Act of 1993 |
Defendant |
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Filing 50 DECISION AND ORDER granting # 31 Defendants' Motion for Summary Judgment. All of the claims in Plaintiff's Complaint (Dkt. No. 1 ) are dismissed, except for her Title VII retaliation claim against the State of New York, which shall be dis missed if not corrected as specified within this Decision and Order. Plaintiff has FOURTEEN (14) DAYS from the date of this Decision and Order to file an Amended Complaint asserting her Title VII retaliation claim (Count Two in the original Complain t) against DOCCS; and should Plaintiff fail to file an Amended Complaint by APRIL 7, 2016, Plaintiff's Title VII retaliation claim against the State of New York shall be DISMISSED without further Order of the Court. Defense counsel is directed t o file a letter on the docket by APRIL 1, 2016 advising whether or not he is authorized to accept service of the Amended Complaint on behalf of Defendant DOCCS. If defense counsel will not accept service, Plaintiff is directed to serve a copy of tha t Amended Complaint upon Defendant DOCCS pursuant to Rule 4 of the Fed.R.Civ.P., and file an affidavit of service thereafter. Defendant DOCCS is directed to file an answer thereafter pursuant to Rule 12. Upon the filing of the Amended Complaint and response thereto, a pretrial conference will be scheduled to set a trial date. Signed by Chief Judge Glenn T. Suddaby on 3/24/16. (lmw) |
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