Leon v. New York State, Office of Mental Health Rockland Psychiatric Center

Justia Dockets & Filings Second Circuit New York Southern District Leon v. New York State, Office of Mental Health Rockland Psychiatric Center

Leon v. New York State, Office of Mental Health Rockland Psychiatric Center

Plaintiff:	Joseph H. Leon
Defendant:	New York State, Office of Mental Health Rockland Psychiatric Center
Case Number:	1:2015cv05040
Filed:	June 25, 2015
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Sullivan
Presiding Judge:	Kenneth M. Karas
Nature of Suit:	Employment
Cause of Action:	29 U.S.C. § 621
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 8, 2017	Filing 100 OPINION & ORDER re: 87 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(1) and (6), filed by New York State, Office of Mental Health Rockland Psychiatric Center, Patricia Soto. The Court grants Defendants' Motion in its entirety. Plaintiff's claims against the RPC and his NYSHRL and NYCHRL claims are dismissed with prejudice. However, Plaintiff's Fourteenth Amendment and ADEA claims are dismissed without prejudice. Plaintiff is given 30 days to file a Second Amend ed Complaint curing the deficiencies identified in this Opinion. Failure to honor this deadline could result in dismissal of the Action with prejudice. In a Second Amended Complaint, Plaintiff must include all of his claims against any defendants within that pleading and should not rely on letters to the Court to add claims after the complaint is filed. Additionally, Defendants are given 15 days from the date of this Opinion to notify the Court as to the status of any litigation between Def endants and Plaintiff in state court. The Clerk of Court is respectfully requested to modify the caption to conform with the caption as it appears at the beginning of this Opinion and to terminate the pending Motion. (Dkt. No. 87.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/7/17) (yv)

Date Filed

Document Text

February 8, 2017

Filing 100 OPINION & ORDER re: 87 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(1) and (6), filed by New York State, Office of Mental Health Rockland Psychiatric Center, Patricia Soto. The Court grants Defendants' Motion in its entirety. Plaintiff's claims against the RPC and his NYSHRL and NYCHRL claims are dismissed with prejudice. However, Plaintiff's Fourteenth Amendment and ADEA claims are dismissed without prejudice. Plaintiff is given 30 days to file a Second Amend ed Complaint curing the deficiencies identified in this Opinion. Failure to honor this deadline could result in dismissal of the Action with prejudice. In a Second Amended Complaint, Plaintiff must include all of his claims against any defendants within that pleading and should not rely on letters to the Court to add claims after the complaint is filed. Additionally, Defendants are given 15 days from the date of this Opinion to notify the Court as to the status of any litigation between Def endants and Plaintiff in state court. The Clerk of Court is respectfully requested to modify the caption to conform with the caption as it appears at the beginning of this Opinion and to terminate the pending Motion. (Dkt. No. 87.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/7/17) (yv)

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Plaintiff: Joseph H. Leon
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Defendant: New York State, Office of Mental Health Rockland Psychiatric Center
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