Guzman v. Macy's East, Inc. et al
| Elizabeth Guzman |
| Macy's East, Inc., Michael Dervos and Justin Charpentier |
| 1:2009cv04472 |
| May 8, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Rockland |
| Paul G. Gardephe |
| Plaintiff |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
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Filing
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MEMORANDUM OPINION & ORDER: For the reasons stated above, Macy's motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiffs claims under Title VII, the NYSHRL, and the NYCHRL are dismissed to the extent that they are based on a construc tive discharge theory. Plaintiffs NYCHRL hostile work environment claim and NJLAD retaliation claim are likewise dismissed. Plaintiffs COBRA claim and NYCHRL retaliation claim are dismissed with leave to replead. Plaintiffs Amended Complaint is to be filed by April 9, 2010. Macy's motion to dismiss is otherwise DENIED. The Clerk of the Court is directed to terminate the motion. [Docket No.5] (Signed by Judge Paul G. Gardephe on 3/29/2010) (jfe)
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