Borden v. City of New York Department of Parks and Recreation

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Borden v. City of New York Department of Parks and Recreation

Plaintiff:	Derrick Borden
Defendant:	City of New York Department of Parks and Recreation
Case Number:	1:2016cv00716
Filed:	January 29, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
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
February 24, 2017	Filing 24 MEMORANDUM OPINION AND ORDER re: 19 MOTION to Dismiss the Amended Complaint filed by City of New York. Plaintiff Derrick Borden, proceeding pro se and in forma pauperis, brings claims for employment discrimination against the Cit y of New York (the "City") in connection with his employment with the New York City Department of Parks and Recreation. The City has moved to dismiss Mr. Borden's amended complaint on the ground that it is barred by a prior settleme nt and general release. Because the claims that Mr. Borden asserts here fall within the scope of that release, the City's motion to dismiss is GRANTED, and Mr. Borden's amended complaint is DISMISSED. For the foregoing reasons, the C ity's motion to dismiss is GRANTED. Because it would be futile for Mr. Borden to replead his claims in light of the unambiguous prior release of those claims, his amended complaint is dismissed with prejudice. See Dougherty v. Town of Hemps tead Bd. of Zoning Appeals, 282 F.3d 83, 88 (2d Cir. 2002) ("An amendment to a pleading will be futile if a proposed claim could not withstand a motion to dismiss pursuant to Rule 12(b)(6)."); Palmatier v. Lockheed Martin Corp., No. 1 3-cv-133, 2014 WL 1466489, at *4 n.8 (N.D.N.Y. Apr. 15, 2014) (holding amendment would be futile where claim was barred by general release). The Clerk of Court is directed to enter judgment for the defendant and to close this case. The Court will mail a copy of this order to Mr. Borden, along with all unreported decisions cited herein. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/24/2017) (anc)

Date Filed

Document Text

February 24, 2017

Filing 24 MEMORANDUM OPINION AND ORDER re: 19 MOTION to Dismiss the Amended Complaint filed by City of New York. Plaintiff Derrick Borden, proceeding pro se and in forma pauperis, brings claims for employment discrimination against the Cit y of New York (the "City") in connection with his employment with the New York City Department of Parks and Recreation. The City has moved to dismiss Mr. Borden's amended complaint on the ground that it is barred by a prior settleme nt and general release. Because the claims that Mr. Borden asserts here fall within the scope of that release, the City's motion to dismiss is GRANTED, and Mr. Borden's amended complaint is DISMISSED. For the foregoing reasons, the C ity's motion to dismiss is GRANTED. Because it would be futile for Mr. Borden to replead his claims in light of the unambiguous prior release of those claims, his amended complaint is dismissed with prejudice. See Dougherty v. Town of Hemps tead Bd. of Zoning Appeals, 282 F.3d 83, 88 (2d Cir. 2002) ("An amendment to a pleading will be futile if a proposed claim could not withstand a motion to dismiss pursuant to Rule 12(b)(6)."); Palmatier v. Lockheed Martin Corp., No. 1 3-cv-133, 2014 WL 1466489, at *4 n.8 (N.D.N.Y. Apr. 15, 2014) (holding amendment would be futile where claim was barred by general release). The Clerk of Court is directed to enter judgment for the defendant and to close this case. The Court will mail a copy of this order to Mr. Borden, along with all unreported decisions cited herein. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/24/2017) (anc)

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