Colon v. City Of New York

Filing 43

OPINION & ORDER re: 27 MOTION to Dismiss plaintiff's complaint. filed by City Of New York, Melissa Mark-Viverito, 24 MOTION to Dismiss the Complaint. filed by New York City Housing Authority, Brian Clarke, Michae l Kelley., City Of New York and Melissa Mark-Viverito (New York City Council Speaker) terminated. For the reasons stated above, the City Defendants' motion to dismiss, (Doc. 27), is GRANTED in its entirety, and all claims against the Cit y Defendants are dismissed. Additionally, the NYCHA Defendants' motion to dismiss, (Doc. 24), is GRANTED IN PART and DENIED IN PART. The NYCHA Defendants' motion to dismiss is DENIED as to Plaintiff's (1) retaliation claims brought u nder Title VII, the NYSHRL, and the NYCHRL against NYCHA; (2) retaliation claim brought under § 1983 against Kelly and Clarke, and (3) aiding and abetting claim brought under the NYSHRL against Kelly and Clarke. The NYCHA Defendants' motio n to dismiss is GRANTED as to Plaintiff's (1) hostile work environment claim against NYCHA; (2) Section 1985 claim against Kelly and Clarke; (3) First Amendment retaliation claim against the NYCHA; and (4) IIED claim against Kelly and Clarke . The Clerk of Court is respectfully directed to terminate the open motions, (Docs. 24, 27), and to terminate Defendants City of New York and Council Speaker Melissa Mark-Viverito from this case. The remaining DefendantsNYCHA, Kelly, and Clarke ar e directed to meet and confer with Plaintiff regarding a proposed date for the remaining Defendants to file their answers as well as the scheduling of discovery. The parties are directed to submit a joint letter addressing these issues, as well as a proposed Case Management Plan and Scheduling Order, on or before April 10, 2018. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/26/2018) (rj)