Ilinca v. Board of Cooperative Educational Services, Nassau, Louise Flynn

Filing 30

MEMORANDUM & ORDER re: 18 Motion to Dismiss Mihai Ilinca as a party to this action is GRANTED. Mihai Ilinca is TERMINATED from this action. Ordered by Judge Joanna Seybert on 6/5/2014. (Nohs, Bonnie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
MIHAI ILINCA,
Plaintiff,

MEMORANDUM & ORDER
13-CV-3500(JS)(AKT)

-againstBOARD OF COOPERATIVE EDUCATIONAL
SERVICES,
NASSAU;
and
LOUISE
FLYNN,
Defendants.
---------------------------------------X
APPEARANCES
For Plaintiff:
Scott Thomas Roesch, Esq.
Roesch Law, P.C.
611 Newbridge Road
East Meadow, NY 11554
For Defendants:

Lewis R. Silverman, Esq.
Samantha Velez, Esq.
Rutherford & Christie, LLP
369 Lexington Avenue
New York, NY 10017

SEYBERT, District Judge:
Plaintiff Mihai Ilinca (“Plaintiff”) brings this action
against defendants the Board of Cooperative Educational Services,
Nassau

and

Louise

Flynn

(“Flynn”)

alleging

employment

discrimination in violation of Title VII of the Civil Rights Act
of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq.

Flynn moves to

dismiss the Amended Complaint as against her on the ground that
individuals may not be held liable under Title VII.
does not oppose the motion.
correct.

(See Docket Entry 22.)

Plaintiff
Flynn is

It is well settled that “individuals are not subject to

liability under Title VII.”

Patterson v. Cnty. of Oneida, 375

F.3d 206, 221 (2d Cir. 2004) (internal quotation marks and citation
omitted).

Accordingly, the Title VII claim against Flynn must be

dismissed as a matter of law.
CONCLUSION
For the foregoing reasons, Flynn’s motion to dismiss is
GRANTED.

The Clerk of the Court is directed to TERMINATE Flynn as

a party to this action.

SO ORDERED.

/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

June
4 , 2014
Central Islip, NY

2