Miles v. Adams et al

Filing 5

MEMORANDUM AND ORDER re 3 : For the reasons stated above, Miles' request for an OTSC and TRO is denied. Ordered by Chief Judge Carol Bagley Amon on 10/27/2015. (Fernandez, Erica)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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PEARL MILES,
Plaintiff,
NOT FOR PUBLICATION
MEMORANDUM & ORDER
l 5-CV-6171 (CBA)(PK)

-againstERIC ADAMS; INGRID LEWIS-MARTIN;
DEMETRIUS LAWRENCE; PATRICIA
BAKER; DENISE MANN; JACQUELINE
WELCH; EVELYN WILLIAMS; SIMONE
BENNETT; ANDEW GOUNARDES; and
CITY OF NEW YORK,
Defendants.

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AMON, Chief United States District Judge:

On October 27, 2015, Plaintiff Pearl Miles ("Miles") filed this action against Eric Adams,
Ingrid Lewis-Martin, Demetrius Lawrence, Patricia Baker, Denise Mann, Jacqueline Welch,
Evelyn Williams, Simone Bennett, Andrew Gounardes, and the City of New York, alleging
violations of 42 U.S.C. § 1983, and the Age Discrimination in Employment Act ("ADEA''), 29
U.S.C. §§ 621 et seq. She seeks a temporary restraining order ("TRO") preventing the defendants
from terminating her employment with the City of New York or otherwise interfering with her
ability to perform the duties of her position, accompanied by an order to show cause ("OTSC")
requiring defendants to demonstrate why the Court should not enjoin them from firing her (or
recommending her firing) going forward. 1 She alleges that she e}{pects to be dismissed following
an imminent vote by the board governing her position. The Court declines to issue either the OTSC
or the TRO.

1 Miles acknowledges having given no advance notice to defendants of the pending application, though she claims
this was done deliberately to avoid triggering an accelerated schedule for the termination of her employment. (Harris
Affirm.1[ 47.)

I

BACKGROUND

Miles is 66 years old, (Harris Affirm.

if 6), and has worked for City of New York

Community Board 9 ("Community Board 9") for the past 30 years as District Manager, (ill if 2).
Miles claims to have been an exemplary employee, winning 30 awards in her tenure with the
Community Board 9. (Id.

ifif 3-4.)

Miles claims that, shortly after defendant Eric Adams ("Adams") became Borough
President of Brooklyn in January of 2014, (ill ifif 11-12), he began "conspiring to remove" her
from her position on the basis of her age, (ill if 13). Specifically, Miles alleges a series of actions
taken by Adams since early 2014 suggesting that he has consistently sought to terminate Miles'
employment because he believes she is too old, including by stating as much directly to others.
(See id.

ifif 15-24.) Miles alleges that Adams' efforts have led to a meeting of the full board

scheduled for the evening of October 27, 2015, at which the Executive Committee of Community
Board 9 will recommend her dismissal. (Comp!.

if 41.) The other named defendants either work

for defendant Adams or serve on the Executive Committee. M

ifif 4-12.)

DISCUSSION

In the Second Circuit, the standard for securing a TRO is identical to the standard for
securing a preliminary injunction. See Andino v. Fischer, 555 F. Supp. 2d 418, 419 (S.D.N.Y.
2008) (collecting cases and noting that "[i]t is well established that in this Circuit the standard for
an entry of a TRO is the same as for a preliminary injunction"). In either case, there are two tests
a party can meet to secure such relief. First, a party can demonstrate "that he is likely to succeed
on the merits; that he is likely to suffer irreparable harm in the absence of preliminary relief; that
the balance of equities tips in his favor; and that an injunction is in the public interest." Am. Civil
Liberties Union v. Clapper, 785 F.3d 787, 825 (2d Cir. 2015) (quoting Winter v. NRDC. 555 U.S.
2

s/Carol Bagley Amon