Davis v. Good Will Industries

Davis v. Good Will Industries

Plaintiff:	Jane Davis
Defendant:	Good Will Industries
Case Number:	1:2015cv07710
Filed:	September 29, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Unassigned
Nature of Suit:	Employment
Cause of Action:	42 U.S.C. § 2000
Jury Demanded By:	None

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Date Filed	Document Text
March 30, 2017	Filing 36 OPINION AND ORDER re: 27 MOTION to Dismiss Notice of Motion to Dismiss the Plaintiff's Amended Complaint with prejudice for failure to state a claim. filed by Good Will Industries of NY, NJ: For the reasons set forth above, Goodw ill's motion to dismiss is GRANTED in part and DENIED in part. Plaintiff is permitted to proceed on all of her retaliation claims and her race-based discrimination claim under the NYCHRL. Plaintiff is granted leave to replead the remainder of he r claims in a Second Amended Complaint. If Plaintiff chooses to file a Second Amended Complaint, she must do so by May 1, 2017. Otherwise, the matter will go forward only with respect to the retaliation claims and race-based discrimination claim unde r the NYCHRL. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 27, and to mail a copy of this Opinion and Order to Plaintiff. Furthermore, the Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this O pinion and Order would not be taken in good faith; therefore, in forma pauperis status is denied for purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Amended Pleadings due by 5/1/2017.) (Signed by Judge Edgardo Ramos on 3/29/2017) (jwh) Modified on 3/30/2017 (jwh).

Date Filed

Document Text

March 30, 2017

Filing 36 OPINION AND ORDER re: 27 MOTION to Dismiss Notice of Motion to Dismiss the Plaintiff's Amended Complaint with prejudice for failure to state a claim. filed by Good Will Industries of NY, NJ: For the reasons set forth above, Goodw ill's motion to dismiss is GRANTED in part and DENIED in part. Plaintiff is permitted to proceed on all of her retaliation claims and her race-based discrimination claim under the NYCHRL. Plaintiff is granted leave to replead the remainder of he r claims in a Second Amended Complaint. If Plaintiff chooses to file a Second Amended Complaint, she must do so by May 1, 2017. Otherwise, the matter will go forward only with respect to the retaliation claims and race-based discrimination claim unde r the NYCHRL. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 27, and to mail a copy of this Opinion and Order to Plaintiff. Furthermore, the Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this O pinion and Order would not be taken in good faith; therefore, in forma pauperis status is denied for purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Amended Pleadings due by 5/1/2017.) (Signed by Judge Edgardo Ramos on 3/29/2017) (jwh) Modified on 3/30/2017 (jwh).

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Plaintiff: Jane Davis
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Defendant: Good Will Industries
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