Bayandor v. Board Of Visitors, Virginia Polytechnic Institute And State University et al

Filing 31

ORDER granting 11 Joint Motion to Dismiss; granting in part and denying in part 21 Motion to Amend/Correct; granting in part and denying in part 27 Motion for Leave to Supplement the record. Signed by Judge Elizabeth K. Dillon on 3/25/19. (sas)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
JAVID BAYANDOR,
Plaintiff,
v.
VIRGINIA POLYTECHNIC AND STATE
UNIVERSITY | COMMONWEALTH
OF VIRGINIA,
and
THANASSIS RIKAKIS,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No.: 7:18-cv-00026
By: Elizabeth K. Dillon
United States District Judge

ORDER
In accordance with the memorandum opinion entered this day, it is hereby ORDERED as
follows:
1. Plaintiff’s motion for leave to supplement the record regarding his opposition to
defendants’ motion to dismiss (Dkt. No. 27) is GRANTED IN PART and DENIED IN PART. It
is DENIED as to plaintiff’s letter to the court, Exhibit E, and GRANTED in all other respects;
2. Count IV (Retaliation in Violation of Virginia Public Policy (“Bowman claim”)) and
Count VI (National Origin Discrimination Pursuant to Title VI) are WITHDRAWN by
agreement of counsel;
3. Defendants’ joint motion to dismiss (Dkt. No. 11) is GRANTED. Count I
(Discrimination in Violation of the Rehabilitation Act of 1973) and Count III (Failure to
Accommodate in Violation of the Rehabilitation Act of 1973) are DISMISSED WITH
PREJUDICE; Count II (Retaliation in Violation of the Rehabilitation Act of 1973) is

DISMISSED IN PART WITH PREJUDICE and DISMISSED IN PART WITHOUT
PREJUDICE, with the claim regarding audits being the only claim dismissed without prejudice;
and Count V (Deprivation of Liberty Interest) and Count VII (Discrimination and Retaliation
pursuant to 42 U.S.C. § 1981) are DISMISSED WITHOUT PREJUDICE; and
4. Plaintiff’s motion for leave to file an amended complaint (Dkt. No. 21) is GRANTED
IN PART and DENIED IN PART. Plaintiff is granted leave to file a newly amended complaint
for claims dismissed without prejudice no later than twenty (20) days after entry of this order,
but plaintiff may not file the previously submitted proposed amended complaint. Plaintiff is
advised that if he fails to file an amended complaint within the twenty (20) day time frame
allowed, this case will be struck from the active docket of the court.
The clerk is directed to send copies of this order and the accompanying memorandum
opinion to all counsel of record.
Entered: March 25, 2019.

/s/ Elizabeth K. Dillon
Elizabeth K. Dillon
United States District Judge