Tiffany v. Dzwonczyk et al
| Randall Scott Tiffany |
| Philip J. Dzwonczyk, Bonnie Norton, Susan Parker, Deborah Murphy, Cynthia Fairchild and New York State Veterans Home |
| 3:2015cv00108 |
| January 29, 2015 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Chenango |
| Mae A. D'Agostino |
| David E. Peebles |
| 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:
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Filing
22
MEMORANDUM-DECISION AND ORDER granting 13 Motion to Dismiss for Failure to State a Claim: The Court hereby ORDERS that Defendants' motion to dismiss is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment i n Defendants' favor and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 7/5/2016. (ban)
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Filing
7
ORDER adopting Report and Recommendations re 4 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge Peebles' Report, Recommendation, and Order is ADOPTED; and the Court further ORDERS that Plaintiff's claims for d amages and injunctive relief asserted against the Home are DISMISSED with prejudice; and the Court further ORDERS Plaintiff's damage claims asserted against all of the individual Defendants in their official capacities are DISMISSED with prej udice; and the Court further ORDERS Plaintiff's FMLA claim asserted against the individual Defendants based on the allegation that his request for FMLA leave was unlawfully denied is DISMISSED without prejudice; and the Court further ORDERS P laintiff's Title VII claims asserted against all Defendants is DISMISSED without prejudice; and the Court further ORDERS as follows: (1) The Clerk of the Court shall issue summonses and forward them with copies of the complaint to United Sta tes Marshal, along with packets containing General Order 25, which sets forth this District's Civil Case Management Plan, for service upon the named Defendants (2) The Clerk is directed to schedule a Rule 16 conference (3) Subsequent to servi ce of process on Defendants, Defendants or their counsel shall file a formal response to Plaintiff's complaint as provided for in the Federal Rules of Civil Procedure; and the Court further ORDERS that the Clerk of the Court shall serve the parties with a copy of this Order in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 7/21/15. [copy mailed to pro se plaintiff via certified mail/return receipt] (ban)
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