Batiste v. The City University of New York et al
| Beverly Batiste |
| The City University of New York, Celeste Clarke, John and Jane Does 1-10 and XYZ CORP. 1-10 |
| 1:2016cv03358 |
| May 5, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Valerie E. Caproni |
| Other Civil Rights |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing
43
MEMORANDUM OPINION & ORDER re: 24 MOTION to Dismiss the Amended Complaint. filed by The City University of New York, Suri Duitch, 29 MOTION to Dismiss the FIRST AMENDED COMPLAINT. filed by Research Foundation of CUNY, Celeste Clarke: Plaintiff Beverly Batiste brings this action against The City University of New York ("CUNY"), the Research Foundation of The City University of New York ("RFCUNY"), Celeste Clarke ("Clarke"), and Suri D uitch ("Duitch") (collectively, "Defendants"), alleging violations of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq. ("Title VII"), the Age Discrimination in Employment Act, 2 9 U.S.C. § 621 et seq. ("ADEA"), the Executive Law of the State of New York, New York State Human Rights Law, Section 296, et seq. ("NYSHRL"), and the Administrative Code of the City of New York, New York City Human Rights La w, Section 8-101, et seq. ("NYCHRL"). Plaintiff also alleges breach of contract and breach of fiduciary duty. Defendants have moved to dismiss the Complaint for failure to state a claim. For the foregoing reasons, Defendants' motions to dismiss are GRANTED. Plaintiff's ADEA claim alleging age discrimination and Title VII claims alleging a hostile work environment and retaliation are dismissed with prejudice because Plaintiff failed to exhaust her administrative remedies as t o those claims. Plaintiff's Title VII race and color discrimination claims are dismissed without prejudice. If Plaintiff chooses to amend her complaint further, she must do so no later than July 21, 2017, and she must allege facts that go beyond the allegations included in her Amended Complaint and the affidavit filed in support of her opposition to Defendants' motions to dismiss. Because all of Plaintiff's federal claims are dismissed, the Court declines to exercise supplemental jurisdiction over Plaintiff's state and local law claims. The Clerk of Court is respectfully directed to close the open motions at docket entries twenty-four and twenty-nine. ( Amended Pleadings due by 7/21/2017.) (Signed by Judge Valerie E. Caproni on 7/7/2017) (jwh) Modified on 7/7/2017 (jwh).
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