Verdi v. City of New York et al
| Manuele Verdi |
| City of New York, New York City Department Of Education, Carmen Farina, Elizabeth Rose, Melodie Mashel and Steven Schwartz |
| 1:2017cv01755 |
| March 9, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E. Caproni |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
39
OPINION AND ORDER: re: 28 MOTION to Dismiss the First Amended Complaint with Prejudice. filed by Steven Schwartz, Elizabeth Rose, Melodie Mashel, New York City Department Of Education, Carmen Farina. For the reasons stated abov e, Defendants' motion to dismiss is granted in part and denied in part. Plaintiff's § 1983 and negligence claims are dismissed in their entirety with prejudice. Two of Plaintiff's NYCHRL claims survive: the allegations regarding Mashel's efforts to discipline and dismiss Plaintiff survive only as to Mashel and DOE, while the allegations regarding Schwartz's alterations to Plaintiff's duties and resources survive only as to Schwartz and DOE. The remaining N YCHRL claims are dismissed with prejudice. Plaintiff's Section 75- b claim regarding Schwartz's conduct survives, but only as against Defendant DOE; the remaining Section 75-b claims are dismissed with prejudice. Plaintiff's Title VI claim is dismissed without prejudice; he may replead the claim, but only with respect to Mashel's and Schwartz's retaliation as described above, and naming only DOE as a Defendant. As a result, Defendants Faria and Rose are dismissed from the action entirely.21 Plaintiff's Second Amended Complaint (SAC) must be filed no later than February 8, 2018. The FAC's 65 pages contained excessive and duplicative allegations; Plaintiff should significantly prune and revise his a llegations in drafting the SAC. The Court orders Plaintiff to organize the SAC chronologically and logically, to remove extraneous and redundant factual allegations, to number the paragraphs sequentially, and to state each of the four remaining cl aims in four separate, individually numbered counts (one for Title VI, two for NYCHRL, and one for § 75-b). The parties are ordered to appear for a pretrial conference on February 16, 2018. The Clerk of Court is instructed to terminate Docket Entry 28. (Signed by Judge Valerie E. Caproni on 1/22/2018) (js)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
