Davis v. The Department of Education of The City of New York et al
| Yvonne Davis |
| The Department of Education of The City of New York and The City of New York |
| 1:2010cv05213 |
| July 8, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Colleen McMahon |
| Employment |
| 28 U.S.C. ยง 1441 |
| None |
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Filing
25
MEMORANDUM AND OPINION AND ORDER TO SHOW CAUSE re: 11 MOTION for Summary Judgment. filed by The Department of Education of The City of New York, The City of New York. For the foregoing reasons, it is hereby ORDERED as follows: 1. The following cla ims, having been voluntarily withdrawn by Plaintiff, are dismissed without prejudice: a. all First Amendment retaliation claims asserted by Plaintiff in this action, as against any defendant, under 42 U.S.C. § 1983; b. all claims asserted by Pla intiff in this action as against defendant the City of New York; c. all claims asserted by Plaintiff in this action, as against any defendant, under the New York State Human Rights Law, N.Y. Exec. Law § 290, et seq., and the New York City Human Rights Law, N.Y.C. Administrative Code § 8-101, et seq.; and d. all discrimination claims asserted by Plaintiff in this action, as against any defendant, under Title VII and/or the ADEA, except for Plaintiffs failure-to-promote claims against th e DOE, arising out of the rejection of her January 2008 applications for assistant-principal positions at P.S. 210 and P.S. 4.2. Defendant is granted summary judgment in its favor on Plaintiffs remaining Title VII and ADEA discrimination claims again st the DOE, arising from the alleged failure topromote Plaintiff to the position of assistant principal at P.S. 210 and/or P.S. 4, and those claims are therefore dismissed with prejudice. 3. Plaintiff is directed to show cause within thirty (30) day s of the date of this Orderwhy this Court should not dismiss, with prejudice, any Title VII or ADEA retaliation claims that Plaintiff may still be seeking to assert, with respect to the denials of her applications for positions at P.S. 210 and/or P.S . 4. If Plaintiff wishes to withdraw her remaining Title VII and ADEA retaliation claims voluntarily and without prejudice, then she should promptly notify the DOE and the Court of this, in writing. The Clerk of the Court is directed to close Defend ants' motion for summary judgment (Dkt. 11) on the Court's Docket. In light of the within Order to Show Cause, however, the Court will defer decision as to the extent to which judgment should be entered in Defendants' favor, and as to whether the entire case should be closed. (Signed by Magistrate Judge Debra C. Freeman on 9/28/2012) (djc)
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