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 re: (Document 81) MOTION to Dismiss 2nd Amended Complaint filed by Super Shuttle International Inc., Veolia Transportation, Inc., New York City Airporter, (Document 61) MOTION to Dismiss filed by Veolia Transportation, Inc., New York City Airporter: For the reasons set forth above, Defendant's motion to dismiss is DENIED in part and GRANTED in part. Specifically: The motion to dismiss the NYSHRL and NYCHRL discrimination claims is DENIED; and The FMLA cl aim is dismissed without prejudice. Plaintiff may file a Third Amended Complaint, titled as such, asserting (1) the Title VII, NYSHRL and NYCHRL retaliation claims, (2) the NYSHRL and NYCHRL discrimination claims, and (3) the FMLA claim. If the Pl aintiff chooses to file a Third Amended Complaint, he must do so by Friday, April 28, 2017.7 Otherwise, the matter will go forward only with respect to the retaliation and discrimination claims. The Clerk of the Court is respectfully directed to ter minate the motions, Docs. 61 and 81, 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), that any appeal from this Opinion and Order would not be taken in good faith; therefore, informa pauperis status is denied for purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Amended Pleadings due by 4/28/2017.) (Signed by Judge Edgardo Ramos on 3/28/2017) (jwh) Modified on 3/28/2017 (jwh).
Mar 28, 2017