Lopez v. City of Albany et al
| Mariah Lopez |
| City of Watervliet, Capital Region Transportation Authority, City of Albany, Capital District Transportation Authority, Daniel P. McCoy and Jeremy Smith |
| 1:2019cv01072 |
| August 29, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Thomas J McAvoy |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 American Disabilities Act |
| Plaintiff |
Docket Report
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Filing 5
REPORT-RECOMMENDATION AND ORDER: Ordered, that plaintiff's motion for in forma pauperis relief (Dkt. No. #2 ) be Granted; Recommended, that to the extent that plaintiff sets forth an ADA/Section 504 claim against defendants City of Albany, Capital Region Transportation Authority, and CDTA, based a reasonable accommodation theory, such claim proceeds; Recommended, that to the extent that plaintiff sets forth a ADA/Section 504 claim against defendants City of Albany, Capital Region Transportation Authority, CDTA, and the City of Watervliet, such claim proceed; Recommended, that to the extent that plaintiff attempts to set forth an ADA retaliation claim against defendants on the basis of her status as a transgender person or diagnosis of gender dysphoria, it is recommended that this claim be dismissed with prejudice; Recommended, that to the extent that plaintiff attempts to allege that defendants intentionally discriminated against her due to her gender identity in violation of Section 296 of the New York State Human Rights Law, these claims be dismissed without prejudice and with opportunity to renew as set forth herein; Recommended, that plaintiff's ADA claims against the individual defendants be dismissed without prejudice and with opportunity to amend to demonstrate how the individual defendants discriminated against plaintiff under the ADA; Recommended, that to the extent that plaintiff seeks money damages against Jeremy Smith and Daniel P. McCoy under the ADA, these claims be dismissed with prejudice; Recommended, that if the District Judge adopts this Report-Recommendation and Order, plaintiff be provided thirty (30) days from the date of any order adopting this Report-Recommendation and Order to file an amended complaint limited to claims not otherwise dismissed with prejudice by this Court, and should plaintiff decline to file an amended complaint within that time, the Clerk return the case to the magistrate judge for service of the amended complaint with the unamended claims deemed stricken; Ordered, that if the District Judge permits an amended complaint and plaintiff files an amended complaint within the time frame set forth herein, the Clerk of the Court is to return the case to the magistrate judge for review of the amended complaint; and Ordered, that the Clerk of the Court serve a copy of this Report-Recommendation and Order on Plaintiff in accordance with Local Rules. Objections to R&R Deadline - 10/28/2019 and Case Review Deadline - 10/30/2019. Motions terminated: #2 MOTION for Leave to Proceed in forma pauperis filed by Mariah Lopez.Signed by Magistrate Judge Christian F. Hummel on 10/09/2019. (Attachments: #1 Exhibit - Unpublished Case, #2 Exhibit - Unpublished Case)(Copy of Report-Recommendation and Order, together with both unpublished cases served upon Mariah Lopez at c/o Ryan Ramdass, 42 Elder Street, Schenectady, NY 12304 via regular mail on 10/9/2019.)(hmr) Modified on 10/9/2019 (hmr).
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CLERK'S CORRECTION OF DOCKET ENTRY re #5 Report and Recommendations and Order: Clerk added "Objections to R&R Deadline - 10/28/2019 and Case Review Deadline - 10/30/2019" to this docket entry as it was removed in error on the original filing docket text. (hmr)
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Filing 4
ORDER: that based on the procedural deficiencies outlined, the application for a TRO and other injunctive relief is Denied with leave to renew upon proper papers. Signed by Senior Judge Thomas J. McAvoy on 08/31/2019. (Copy served upon Mariah Lopez c/o Ryan Ramdass, 42 Elder Street, Schenectady, NY 12304 via regular mail on 9/3/2019.)(hmr)
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Filing 3
PRO SE HANDBOOK and NOTICE issued and explained to Mariah Lopez at time complaint was filed. [Copy of the Pro Se Notice and Pro Se Packet was given to pro se plaintiff at the counter on 8/29/2019.] (hmr)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Mariah Lopez. Motions referred to Christian F. Hummel. (hmr)
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Filing 1
COMPLAINT with Jury Demand against Capital District Transportation Authority, Capital Region Transportation Authority, City of Albany, City of Watervliet, Daniel P. McCoy, Jeremy Smith filed by Mariah Lopez.(hmr)
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