Levi v. RSM McGladrey, Inc.
Daniel A. Levi |
RSM McGladrey, Inc. |
1:2012cv08787 |
December 3, 2012 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Unassigned |
Civil Rights: Jobs |
42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
Plaintiff |
Available Case Documents
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Filing 71 OPINION AND ORDER re: 59 MOTION to Dismiss the Third Amended Complaint filed by McGladrey, LLP. Accordingly, and for the reasons set forth above, Defendant's Third Amended Complaint is DISMISSED without prejudice. Plai ntiff is directed to file the Fourth Amended Complaint, if he so chooses, by no later than Friday, April 29, 2016. The Clerk of the Court is respectfully directed to terminate McGladrey LLP as a party, and terminate the motion, Doc. 59. (As further set forth in this Opinion and Order.) (Signed by Judge Edgardo Ramos on 3/31/2016) (mro) |
Filing 40 OPINION AND ORDER re: 30 MOTION to Dismiss the Second Amended Complaint. filed by RSM McGladrey, Inc.. For the reasons set forth herein, Defendant's motion to dismiss is GRANTED, and Plaintiff's motion to further amend hi s complaint is GRANTED in part and DENIED in part. All Title VII, EPA and NYSHRL claims are dismissed, and Plaintiff is denied leave to add H&R Block as a party or to allege claims for statutory penalties under 29 U.S.C. §§ 1132(a)(1)(A) and (c). Plaintiff is granted leave to interpose a claim against Defendant, in its capacity as planadministrator, to recover benefits under 29 U.S.C. § 1132(a)(1)(B). To the extent he desires topursue alternative forms of redress, Plaintiff is also granted leave to file ERISA claims of thekind discussed in note 24. Plaintiff is directed to file his Third Amended Complaint by October 31, 2014. The complaint should identify Defendant by its proper name (McGladrey, LLP) and should name Defen dant solely in its capacity as plan administrator. The Clerk of the Court is respectfully directed to (1) update the case caption so that Defendant is properly identified as McGladrey, LLP and (2) terminate the pending motion (Doc. 30). (Signed by Judge Edgardo Ramos on 9/24/2014) (kgo) |
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Plaintiff: Daniel A. Levi | |
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Defendant: RSM McGladrey, Inc. | |
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