LeBarron v. Warren County Sheriff's Office et al
| Michelle A. LeBarron |
| Warren County Sheriff's Office, Nathan H. York, James A. Lafarr, Marlo Barboza, Michael T. Gates, Albert Maday, Wayne Farmer, Daniel Clifford, Michael Feldeison, Steven Farmer, Christopher Perilli, Michael Gordon, Daniel Kelly and Ernest Barboza |
| 1:2013cv01572 |
| December 20, 2013 |
| US District Court for the Northern District of New York |
| Albany Office |
| Warren |
| Christian F. Hummel |
| Glenn T. Suddaby |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
| Document Text |
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Filing
59
JUDGMENT dismissing Plaintiff's Complaint (Dkt. No.: 1 ) in accordance with the 58 Decision and Order of the Honorable Chief Judge Glenn T. Suddaby dated 05/06/2016. (hmr)
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Filing
33
DECISION AND ORDER granting in part and denying in part # 13 Defendant NYSP Officer Barboza's motion to dismiss for failure to state a claim as set forth in Part III.A. of this Decision and Order; granting in part and denying in part # 22 Coun ty Defendants' Motion for judgment on the pleadings as set forth in Part III.B. of this Decision and Order. The following claims in Plaintiff's Complaint SURVIVE Defendants' motions to dismiss: (1) her claim that Defendant County Sheri ff's Office discriminated against her based on her gender in violation of Title VII, to the extent the claim is based on events occurring after April 16, 2011; and (2) her claim that Defendants York, LaFarr and Marlo Barboza discriminated agains t her based on her gender in violation of 42 U.S.C. § 1983 and the Fourteenth Amendment. The following claims in Plaintiff's Complaint are conditionally DISMISSED in that they shall be dismissed without further Order of this Court unless, w ithin THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff files an AMENDED COMPLAINT correcting the pleading defects in the claims: (1) her claim that Defendant Trooper Barboza retaliated against her based on her EEOC complaint (and in ternal complaints) in violation of 42 U.S.C. § 1983 and the First Amendment; (2) her claim that Defendants County Sheriffs Office, Gates, Maday, Farmer, Clifford, Feldeison, Farmer, Perilli, Gordon and Kelly discriminated against her based on he r gender in violation of 42 U.S.C. § 1983 and the Fourteenth Amendment; (3) her claim that Defendant County Sheriffs Office discriminated against her based on her gender in violation of Title VII, to the extent the claim is based on events occur ring before April 16, 2011; (4) her claim that Defendant County Sheriff's Office retaliated against her based on her EEOC complaint in violation of Title VII; and (5) her claim that the individual County Defendants retaliated against her based o n her EEOC complaint in violation of 42 U.S.C. § 1983 and the First Amendment. The remainder of Plaintiff's claims as set forth in this Decision and Order are DISMISSED with prejudice and without a further opportunity to amend. This case is referred back to Magistrate Judge Hummel for a Rule 16 conference and the setting of pretrial scheduling deadlines. Signed by Judge Glenn T. Suddaby on 5/13/15. (lmw) (Copy served upon pro se plaintiff via regular mail)
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