Perez v. Ruby Tuesday, Inc. et al

Filing 8

DECISION and ORDER adopting Report and Recommendations re 5 Report and Recommendations. ORDERED that Plaintiff's Title VII claim is DISMISSED with prejudice as against defendants Roberta Briggs and Gary Cole; and Plaintiff's Title VI I claim is allowed to proceed against defendant Ruby Tuesday and plaintiff's New York State Human Rights Law claim is allowed to proceed against defendants Ruby Tuesday, Roberta Briggs, and Gary Cole. IT IS SO ORDERED. Signed by Judge David N. Hurd on 1/30/2018. (Copy served via regular and certified mail)(khr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------SYLVIA PEREZ,
Plaintiff,
-v-

6:16-CV-795

RUBY TUESDAY, INC.; ROBERTA BRIGGS,
General Manager; and GARY COLE, Manager,

Defendants.
-------------------------------APPEARANCES:
SYLVIA PEREZ
Plaintiff pro se
Last Known Address
229 Grand Street
Amsterdam, NY 12010

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Sylvia Perez brought this civil rights action alleging employment
discrimination. On July 14, 2016, the Honorable Therese Wiley Dancks, United States
Magistrate Judge, advised by Report-Recommendation that plaintiff's Title VII claim be
dismissed with prejudice as against defendants Briggs and Cole, and that the action
otherwise be allowed to proceed against defendants Ruby Tuesday Inc., Cole, and Briggs.
Plaintiff submitted timely objections to the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to
which plaintiff objected, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore, it is
ORDERED that
1. Plaintiff's Title VII claim is DISMISSED with prejudice as against defendants
Roberta Briggs and Gary Cole; and
2. Plaintiff's Title VII claim is allowed to proceed against defendant Ruby Tuesday
and plaintiff's New York State Human Rights Law claim is allowed to proceed against
defendants Ruby Tuesday, Roberta Briggs, and Gary Cole.
IT IS SO ORDERED.

Dated: January 30, 2018
Utica, New York.

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