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)

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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

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