Sosa v. Medstaff, Inc. et al
| Edgar Sosa |
| Medstaff, Inc., Cross Country Healthcare, Inc., Cornell University, Weill Cornell Medical College, Adela Vargas, Guy Mazz, David Greene, Isabel Stanshine and Ruben Niesvizky |
| 1:2012cv08926 |
| December 10, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Naomi Reice Buchwald |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
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Filing
41
MEMORANDUM AND ORDER. For the foregoing reasons, the Cornell Defendants' motion for judgment on the pleadings is granted. The Clerk of the Court is respectfully directed to terminate the motion pending at docket number 35 and close this case. Granting 35 Motion for Judgment on the Pleadings. (Signed by Judge Naomi Reice Buchwald on 9/3/2014) Copies Mailed By Chambers. (rjm)
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Filing
32
MEMORANDUM AND ORDER granting 22 Motion to Dismiss. For the foregoing reasons, the Cross Country Defendants' motion to dismiss Sosa's complaint is granted. First, the Cross Country Defendants' status as one of the plaintiff's jo int employers does not automatically confer liability for the conduct of the other employer, and Sosa has pled nothing to suggest that Vargas's conduct should be imputed to the Cross Country Defendants. Second, even if there was such an imputati on, Vargas's statements and actions would be insufficient to constitute race-based discrimination under Title VII, § 1981, or the NYCAC. Third, the plaintiff has not stated a plausible claim for retaliation, as we find that he could not hav e reasonably believed that he was protesting unlawful discrimination when he lodged his complaints. Finally, the threadbare assertions of aider and-abettor liability under the NYCAC are insufficient to survive this motion to dismiss. The Clerk of the Court is respectfully directed to terminate the motion pending at docket number 22. (Signed by Judge Naomi Reice Buchwald on 12/12/2013) Copies Mailed By Chambers. (ft) Modified on 12/13/2013 (ft).
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