Bonnen v. Coney Island Hospital

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION in its entirely. The defendant's motion to dismiss the plaintiffs original complaint is granted; and the plaintiffs motion to amend the complaint is granted to assert claims against HHC under the ADA, NYS HRL, and NYCHRL, but denied with prejudice to the extent the plaintiff seeks to bring claims against HHC under the FMLA or ESTA. In addition, the plaintiffs motion to amend is denied with prejudice to the extent it seeks to assert any claims against CIH. Ordered by Judge Ann M. Donnelly on 9/26/2017. (Greene, Donna)

FILED
IN CLERK'S OFFICE

US DISTRICT COURT E.D.N.Y.

5 SEP 2 6 20t7

UNITED STATES DISTRICT COURT

A

EASTERN DISTRICT OF NEW YORK
■X

BROOKLYN OFFICE

PAULINE BONNEN,

Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION

-against-

16-CV-04258(AMD)
(CLP)

CONEY ISLAND HOSPITAL,
Defendant.
-X

Ann M.Donnelly, United States District Judge:
On August 4, 2016, the pro se plaintiff, Pauline Bonnen, commenced this action against
the defendant, Coney Island Hospital ("CIH"), alleging violation of the Americans with
Disabilities Act("ADA"),42 U.S.C. § 12101

the Family Medical Leave Act("FMLA"),

29 U.S.C. § 2601 et seq., and the New York City Human Rights Law ("NYCHRL"),N.Y.C.
Admin. Code § 8-101 et seq. (ECF No. 1.) Thereafter, on January 19, 2017, the plaintiff filed a
motion for leave to amend her complaint and add the New York City Health and Hospitals
Corporation("HHC")as a defendant, as well as add claims under New York State Human Rights
Law("NYSHRL"),N.Y. Exec. L. § 290 et seq. and the New York City Earned Sick Time Act

("ESTA"), N.Y.C. Admin. Code § 20-914 et seq. (ECF No. 20.) On March 9,2017,1 referred
this matter to United States Magistrate Judge Cheryl L. Pollak for a report and recommendation
as to whether to grant the defendant's motion to dismiss, and whether to grant the plaintiffs
motion to amend her complaint.
On September 6, 2017, Judge Pollak issued a report recommending that I grant in part
and deny in part the plaintiffs motion to amend her complaint, and grant the defendant's motion
to dismiss the plaintiffs original complaint. (ECF No. 25 at 2, 35.)

In reviewing an R&R,a district court"may accept, reject, or modify, in whole or in part,
the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C).
Where, as here, no party has objected to the magistrate judge's recommendation,"a district court
need only satisfy itself that there is no clear error on the face ofthe record." Urena v. New York,

160 F.Supp.2d 606,609-10(S.D.N.Y. 2001)(quoting

v. Smith, 618 F.Supp. 1186, 1189

(S.D.N.Y. 1985)).

1 have reviewed Judge Pollak's thorough and well-reasoned report and recommendation,
and find there are no legal or factual errors. Thus, I adopt the report and recommendation in its
entirely.

Accordingly, the defendant's motion to dismiss the plaintiffs original complaint is
granted; and the plaintiffs motion to amend the complaint is granted to assert claims against
HHC under the ADA,NYSHRL,and NYCHRL, but denied with prejudice to the extent the
plaintiff seeks to bring claims against HHC under the FMLA or ESTA. In addition, the

plaintiffs motion to amend is denied with prejudice to the extent it seeks to assert any claims
against CIH.

SO ORDERED.

s/Ann M. Donnelly

Ann^. Donnelly
Uniied States District Judge

Dated: Brooklyn, New York
September 26, 2017