Spence v. Housing Preservation & Development et al
Cardell Spence |
Housing Preservation & Development and Kathleen Bukofzer |
1:2015cv06167 |
August 5, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Loretta A. Preska |
Civil Rights: Jobs |
42 U.S.C. ยง 2000 e-2e Job Discrimination (Unlawful Employment Practices) |
Plaintiff |
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Filing 36 OPINION AND ORDER re: 29 FIRST MOTION to Dismiss Third Amended Complaint filed by Kathleen Bukofzer, Housing Preservation & Development: For the foregoing reasons, the Court GRANTS Spence's request to re-open the case in light of the parties' failure to consummate the settlement agreement. Doc. 35. The Clerk of the Court is respectfully directed to re-open the matter. The Court GRANTS in part and DENIES in part Defendants' motion to dismiss as follows: The Court DE NIES Defendants' motion to dismiss the § 1981 claims against Bukofzer. The Court GRANTS Defendants' motion to dismiss the § 1981 claims against HPD without prejudice. The Court GRANTS Defendants' to dismiss the Title VII clai ms against Bukofzer with prejudice. The Court DENIES Defendants' motion to dismiss the Title VII claims against HPD. The Court GRANTS Defendants' motion to dismiss the intentional and negligent infliction of emotional distress claims agains t both Bukofzer and HPD with prejudice. Should Spence wish to amend to include a 1981 Monell claim, the Fourth Amended Complaint shall be filed by April 27, 2017. The Clerk of Court is respectfully directed to terminate the motion, Doc. 29. The parties are directed to appear for a conference on May 3, 2017 at 10:00 A.M. (Status Conference set for 5/3/2017 at 10:00 AM before Judge Edgardo Ramos.) (Amended Pleadings due by 4/27/2017.) (Signed by Judge Edgardo Ramos on 3/30/2017) (jwh) |
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