Workneh v. Super Shuttle International Inc. (1:15-cv-03521-ER-RWL)
U.S. District Court for the Southern District of New York
Office: Foley SquareCase Flags: CASREF,ECF,MEDTFR7,PRO-SENOS: Civil Rights: JobsCause: 42:2000e-2e Job Discrimination (Unlawful Employment Practices)
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OPINION AND ORDER #106806 re: (Document 31) MOTION to Dismiss filed by Golden Touch Transportation, Super Shuttle International Inc., Veolia Transportation, Inc., New York City Airporter. For the reasons set forth above, Defendant& #039;s motion to dismiss is GRANTED in part and DENIED in part. Specifically: The Title VII discrimination claims are dismissed with prejudice; The motion to dismiss the Title VII, NYSHRL and NYCHRL retaliation claims is DENIED; The NYSHRL and NYCHRL discrimination claims are dismissed without prejudice; and The FMLA claim is dismissed without prejudice. Plaintiff may file a Second Amended Complaint, titled as such, asserting (1) the Title VII, NYSHRL and NYC HRL retaliation claims, (2) the NYSHRL and NYCHRL discrimination claims, and (3) the FMLA claim. If the Plaintiff chooses to file a Second Amended Complaint, he must do so by November 4, 2016. Otherwise, the matter will go forward only with resp ect to the retaliation claims. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 31 and to mail a copy of this Opinion and Order to Plaintiff. Furthermore, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), tha t any appeal from this Opinion and Order would not be taken in good faith; therefore, in forma pauperis status is denied for purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (As further set forth in this Opinion and Order.) (Signed by Judge Edgardo Ramos on 9/30/2016) (mro) (Main Document 68 replaced on 10/7/2016) (jar).
Sep 30, 2016