Rodriguez v. Town Of Ramapo et al
| Eric Rodriguez |
| Town Of Ramapo, Beth Finkelstein, Linda Condon, Anthony Sharan and Jonas Gelb |
| 7:2018cv01878 |
| March 1, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Kenneth M. Karas |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing
62
ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reop en the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty day period to be "so ordere d" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are denied. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/29/2020) (jca)
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Filing
53
OPINION AND ORDER: For the reasons stated above, Plaintiff's Motion is granted in part, and Defendants' Motion is granted in part and denied in part. The Court dismisses Plaintiff's Title VII claims against Sharan in his individual capacity. Plaintiff's disparate impact claims with respect to the lack of a time clock, the policy of favoring the Orthodox Jewish community, and the adjusted promotion requirements for minority employees are also dismissed. Plaintiff's retaliation, disparate treatment, altered test score, hostile work environment, and disparate impact claims with respect to the policy of not having a performance rating system and the policy of nepotism survive as discussed in the Opinion. The c laims that are dismissed are dismissed with prejudice, as Plaintiff, who is counseled, has already twice amended his Complaint, including in response to Defendants' pre-motion letters raising the arguments addressed in the instant Opinion, an d based on conversations with opposing counsel and the Court during conferences. Justice v. McGovern, No. 11-CV-5076, 2013 WL 1809634, at *3 (E.D.N.Y. Apr. 29, 2013) ("Although when a motion to dismiss is granted, the usual practice is to grant leave to amend the complaint, when the plaintiff is put on notice of the deficiencies in his complaint and fails to correct them in the amended complaint[,] dismissal with prejudice is proper" (citation, some alterations, and quotation marks omitted)); Tyler v. Liz Claiborne, Inc., 814 F. Supp. 2d 323, 344 (S.D.N.Y. 2011) ("[A]s plaintiff has already amended his complaint twice, dismissal with prejudice is appropriate at this stage in the litigation." (citations omitted)). The Clerk of the Court is respectfully requested to terminate the pending Motions. (Dkt. Nos. 40, 49.) The Court will hold a Status Conference on November 13, 2019 at 11:30 a.m. SO ORDERED. (Status Conference set for 11/13/2019 at 11:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 9/26/2019) (jca)
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