Maack v. Wyckoff Heights Medical Center
||Dorota Von Maack
||Wyckoff Heights Medical Center
||May 22, 2015
||US District Court for the Southern District of New York
||Foley Square Office
|Nature of Suit:
||Americans with Disabilities - Other
|Cause of Action:
||42 U.S.C. § 1981
|Jury Demanded By:
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|September 11, 2017
OPINION AND ORDER re: 36 MOTION to Dismiss Amended Complaint filed by Wyckoff Heights Medical Center: Pro se plaintiff Dorota Von Maack brings this action against Wyckoff Heights Medical Center ("Defendant"), alleging, inter alia, employment discrimination and civil rights violations. The Court dismissed Plaintiff's original complaint on June 21, 2016 (the "June 2016 Order"), granting leave to amend Plaintiff's Section 1981 claim and allegations supp orting equitable tolling. Plaintiff subsequently filed an Amended Complaint ("Am. Compl.") on July 21, 2016. Before the Court is Defendant's motion to dismiss the Amended Complaint for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth above, Defendant's motion to dismiss Plaintiff's Amended Complaint is GRANTED and Plaintiff's Amended Complaint is dismissed with prejudice. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 36, to mail a copy of this Opinion and Order to Plaintiff, and to close the case. (Signed by Judge Edgardo Ramos on 9/8/2017) (jwh)
|June 21, 2016
OPINION AND ORDER re: 10 MOTION to Dismiss Complaint filed by Wyckoff Heights Medical Center, 14 MOTION to Vacate Arbitration filed by Dorota Von Maack. For the foregoing reasons, Defendant's motion to dismiss is GRANTED and Plaintiff's motion to vacate the arbitration award is DENIED. Plaintiff is granted leave to replead her EPA, FMLA, ERISA, and section 1981 claims, including allegations supporting tolling the limitations periods for the first three of these claims. Plaintiff's Amended Complaint shall be filed, if at all, on or before July 21, 2016. The Clerk of the Court is respectfully directed to terminate the motions, Doc. 10 and 14, and to mail a copy of this Opinion and Order to Plaintiff. It is SO ORDERED. (As further set forth in this Order.) (Amended Pleadings due by 7/21/2016.) (Signed by Judge Edgardo Ramos on 6/21/2016) (kko)
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