Linell et al v. New York City Department of Education et al

Filing 43

MEMORANDUM AND ORDER, Linell's defamation claim arising out of Ciccarone's email is dismissed, but defendants motion to dismiss is denied with respect to Linell's defamation claim arising out of the November 2013 disciplinary letter. Ordered by Judge Carol Bagley Amon on 3/2/2017. (Piper, Francine)

UNITED STATES DISTRICT COURT

Ft LED

EASTERN DISTRICT OF NEW YORK

us dIstSc?

'FI n.y.

-X

CAROL LINELL and CECELIA EDELMANN,

* MAR 0 3

Plaintiffs,

A

BROOKLYN OFFICE

-againstNOT FOR PUBLICATION

NEW

YORK

CITY

DEPARTMENT

OF

MEMORANDUM & ORDER

EDUCATION; KAYE HOULIHAN, in her 15-CV-5085(CBA)
(MDG)
official and individual capacity; THOMAS
OBERLE, in his official and individual capacity;
and CHRISTINE CICCARONE, in her official
and individual capacity,
Defendants.
X

AMON,United States District Judge:

Plaintiffs Carol Linell and Cecelia Edelmann, two retired teachers, bring suit against the
Department of Education("DOE")and three principals at Fort Hamilton High School—Principal
Kaye Houlihan, Assistant Principal Thomas Oberle,and Assistant Principal Christine Ciccarone—

for defamation,retaliation, negligence,and age, disability, and sex discrimination. The defendants
moved to dismiss a number of these claims pursuant to Federal Rule of Civil Procedure 12(b)(6).
The Court heard oral argument on May 3, 2016 and dismissed a number of claims for reasons
stated on the record. (See Minute Entry & Order dated May 9,2016.) The Court reserved decision,

however, on defendants' motion to dismiss Linell's defamation claim. For the following reasons,
the Court now grants that motion in part and denies it in part.
BACKGROUND

Linell alleges that defendants defamed her twice.

The first incident pertains to her proctoring of the administration of the PSAT at Fort
Hamilton on October 16,2013. Linell was brought in for a disciplinary conference with Ciccarone,

three other administrators, and her union representative after that test. (D.E. # 14-1 ("Am.

1

s/CBA