McNamara v. The Associated Press

Filing 31

OPINION AND ORDER. Accordingly, for the reasons identified in my Opinion and Order dated August 21, 2014, summary judgment is granted dismissing the complaint to the extent it asserts claims under the ADEA and the NYSHRL. Because this Order resolves all remaining claims in this matter, the Clerk of the Court is directed to mark this matter closed. (Signed by Magistrate Judge Henry B. Pitman on 1/13/2015) Copies Mailed By Chambers. (lmb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

-----------------------------------X
DOLORES MCNAMARA,
Plaintiff,

12 Civ. 2559 (HBP)

-against-

OPINION
AND ORDER

THE ASSOCIATED PRESS,
Defendant.

-----------------------------------X
PITMAN, United States Magistrate Judge:

On August 21, 2014, I issued an Opinion and Order in
this matter granting defendant's motion for summary judgment and
dismissing the complaint to the extent it asserted claims under
the Fair Labor Standards Act. 1

Because the record was ambiguous

as to whether plaintiff was asserting claims under the Age
Discrimination in Employment Act ("ADEA") and the New York State
Human Rights Law ("NYSHRL"), I afforded plaintiff the benefit of
the doubt and construed the complaint as also asserting claims
under these statutes.

My Opinion and Order also identified fatal

flaws in the complaint concerning claims under ADEA and the
NYSHRL and directed plaintiff to show cause by September 20, 2014
why summary judgment should not be granted dismissing the com-

The parties have consented to my exercising plenary
jurisdiction in this matter pursuant to 28 U.S.C. 636(c).
1

plaint to the extent it asserts claims under these two statutes.
I subsequently granted plaintiff's request to extend her time to
respond to my Order to show cause to December 1, 2014.
Plaintiff has not made any submission to me showing
cause why summary judgment should not be granted dismissing the
complaint to the extent it asserts claims under the ADEA or the
NYSHRL, nor has she contacted my chambers in any way.
Accordingly, for the reasons identified in my Opinion
and Order dated August 21, 2014, summary judgment is granted
dismissing the complaint to the extent it asserts claims under
the ADEA and the NYSHRL.

Because this Order resolves all remain-

ing claims in this matter, the Clerk of the Court is directed to
mark this matter closed.
Dated:

New York, New York
January 13, 2015
SO ORDERED

HENRY PITMAN
United States Magistrate Judge
Copies mailed to:
Ms. Dolores McNamara
Apt. 1R
110 Morris Street
Jersey City, New Jersey

07302

2

Joseph B. Cartafalsa, Esq.
Putney Twombly Hall & Hirson LLP
521 Fifth Ave.
New York, New York 10175

3