Phillips v. Dawes et al
| Laura Phillips |
| Lucy Dawes, Rosemary Palmer, Lisa Helmer, Siddigi, Dr. Stang, Christine Mandigo, Pat Bardo, Wapner, Ciulla MD, CNYPC, EHS of New York State, Josie Slifka and Walter P. Bowler |
| 6:2016cv00219 |
| February 23, 2016 |
| US District Court for the Northern District of New York |
| Utica Office |
| Oneida |
| Therese Wiley Dancks |
| Lawrence E. Kahn |
| Employment |
| 42 U.S.C. ยง 2000 |
| None |
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Filing
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MEMORANDUM-DECISION AND ORDERED, that CNYPCs motion to dismiss (Dkt. No. 19) is GRANTED; and it is further ORDERED, that Phillipss Amended Complaint (Dkt. No. 9) is DISMISSED with leave to amend; and it is further ORDERED, that if Phillips wishes to proceed with her Title VII claims, she must file a second amended complaint as set forth above within thirty (30) days of the filing date of this Memorandum-Decision and Order; and it is further ORDERED, that EHSs motion to dismiss (Dkt. No. 20) is DENIED as moot; and it is further ORDERED, that EHS shall be terminated as a defendant in this action. (Copy served via regular mail)(sas)
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Filing
13
DECISION AND ORDERED, that the Report-Recommendation and Order (Dkt. No. 10) is APPROVED and ADOPTED consistent with this Decision and Order; and it is furtherORDERED, that Plaintiffs Title VII claim be allowed to proceed against defendant Central Ne w York Psychiatric Center (CNYPC), and that defendant CNYPC is required to file a response in accordance with Rule 12 of the Federal Rules of Civil Procedure; and it is further ORDERED, that the following claims are DISMISSED with prejudice: (1) Plai ntiffs Title VII claims against defendants Lucy Dawes, Josie Slifka, Rosemary Palmer, Lisa Helmer, Dr. Siddigi, Dr. Stang, Christine Mandigo, Pat Bardo, Dr. Wapner, Dr. Crulla, and Walter P. Bowler; (2) Plaintiffs ADA claims against Defendants CNYPC and Employee Health Service of New York State (EHS); (3) Plaintiffs ADA claims for monetary damages against defendants Lucy Dawes, Josie Slifka, Rosemary Palmer, Lisa Helmer, Dr. Siddigi, Dr. Stang, Christine Mandigo, Pat Bardo, Dr. Wapner, Dr. Crull a, and Walter P. Bowler; (4) and Plaintiffs Health Insurance and Portability Accountability Act claims; and it is further ORDERED, that the following claims are DISMISSED without prejudice: (1) Plaintiffs Title VII claim against defendant EHS and (2) Plaintiffs ADA claims for equitable relief against defendants Lucy Dawes, Josie Slifka, Rosemary Palmer, Lisa Helmer, Dr. Siddigi, Dr. Stang, Christine Mandigo, Pat Bardo, Dr. Wapner, Dr. Crulla, and Walter P. Bowler, in their official capacities; a nd it is further ORDERED, that the orders in the Report-Recommendation and Order are AFFIRMED; and it is further ORDERED, that Plaintiffs appeal of the denial without prejudice of the request to file under seal is DISMISSED; and it is further ORDERED , that Plaintiffs appeal of the denial without prejudice of the Motion to Appoint Counsel (Dkt. No. 4) is DISMISSED; and it is further ORDERED, that Plaintiffs Letter Motion (Dkt. No. 12) seeking to add a new defendant to this case is DENIED without prejudice; and it is further ORDERED, that the Clerk of the Court serve a copy of this Decision and Order on Plaintiff in accordance with the Local Rules. Signed by Senior Judge Lawrence E. Kahn on October 07, 2016.***A copy of this Order was served upon pro se party via US Mail. (sas)
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