Rivera v. Balter Sales Co. Inc. et al
William Rivera |
Balter Sales Co. Inc., Mark Balter, Lori Balter and Michael McGuire |
1:2014cv01205 |
February 25, 2014 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Laura Taylor Swain |
Employment |
28 U.S.C. ยง 1331 |
Plaintiff |
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Filing 19 MEMORANDUM OPINION AND ORDER re: 9 MOTION to Dismiss . filed by Mark Balter, Michael McGuire, Lori Balter, Balter Sales Co. Inc. For the foregoing reasons, the Court (i) grants Defendants' motion to dismiss the FMLA claims (Fi rst and Second Causes of Action); (ii) denies Defendants' motion to dismiss the NYSHRL claim against Defendant McGuire (Seventh Cause of Action); and (iii) denies Defendants' motion to dismiss the false arrest claim (Eleventh Cause of Actio n). Plaintiff's request for leave to amend the Complaint is denied. The initial pre-trial conference in this case is scheduled for December 12, 2014, at 10:00 AM. The parties must consult in advance of the conference and file a joint preliminary pre-trial statement in accordance with the Initial Conference Order (docket entry no. 3 ). This Memorandum Order resolves docket entry number 9. SO ORDERED. (See Order.) (Signed by Judge Laura Taylor Swain on 12/1/2014) (ajs) |
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