Falcon v. City University of New York

263 F. Supp. 3d 416
CourtDistrict Court, E.D. New York
DecidedJuly 10, 2017
Docket15-cv-3421 (ADS)(ARL)
StatusPublished
Cited by15 cases

This text of 263 F. Supp. 3d 416 (Falcon v. City University of New York) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Falcon v. City University of New York, 263 F. Supp. 3d 416 (E.D.N.Y. 2017).

Opinion

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge:

This case arises from allegations by the Plaintiff Nancy Falcon (the “Plaintiff’) that her current employer the Defendant City University of New York (“CUNY”) violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VU”) by engaging in gender discrimination, creating a hostile work environment, and retaliating against her for objecting to the alleged discrimination.

Presently before the Court is a motion by CUNY for a judgment on the pleadings pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.” or “Rule”) 12(c), dismissing the Plaintiffs complaint. For the following reasons, CUNY’s motion is granted in part, and denied in part.

I. BACKGROUND

A. The Relevant Facts

The relevant facts have already been recited and summarized by this Court in a previous memorandum of decision and order. (See ECF No. 29); Falcon v. City Univ. of N.Y., No. 15CV3421ADSARL, 2016 WL 3920223, 2016 U.S. Dist. LEXIS 92396 (E.D.N.Y. July 15, 2016). Therefore, the Court need not repeat them here.

B. The Relevant Procedural History

On March 17, 2015, the U.S. Department of Justice notified the Plaintiff that conciliation efforts had failed and issued to the Plaintiff a right to institute a civil action based on her first charge for gender and age discrimination.

[422]*422On June 8, 2015, the EEOO issued a second notice of a right to sue based on the Plaintiffs second charge for gender discrimination, 'age discrimination, and retaliation.

On June 12, 2015, the Plaintiff commenced the instant action against CUNY and formér defendant Queens College at the City University of New York (“Queens College”). The Plaintiffs original complaint included causes of action brought under the Age Discrimination in Employment Act of 1967, 29 U.S.C.A. § 62Í et seq. (“ADEA”) and 42 Ü.S.C. § 1983 (“Section 1983”), as well as under Title VIL The Plaintiff attached two exhibits to her complaint: the EEOC's January 31, 2012.de-termination, and her right to sue letter issued on March 17, 2015 by the United States Department of Justice.

On November 13, 2015, CUNY and Queens' College filed a motion to' dismiss all claims except the Plaintiffs Title VII claims against CUNY pursuant to Rules 12(b)(1) and 12(b)(6).

On December 4, 2015, the Plaintiff filed an amended complaint (the “FAC”) as a matter of right. The Plaintiff did not allege any new facts, or bring any new causes of action. The amended complaint included an additional exhibit — namely, the June 8, 2015 letter from the EEOC to the Plaintiff notifying her of her right to sue based on her second EEOC charge of discrimination and retaliation.

On December 21, 2015, the Plaintiff filed a motion to amend’ her complaint a second time pursuant to Rule 15 to add additional defendants. •

. On July 15, 2016, the Court issued a memorandum of-decision and order granting CUNY and Queens College’s partial motion'to dismiss in its entirety, and denying the Plaintiffs cross-motion for leave to amend.

On September 9, 2016, CUNY filed the instant motion for a judgment on the pleadings pursuant to Rule 12(c). CUNY attached several documents to its motion, all of which fall into one of four categories: documents from the Plaintiffs 2008 EEOC complaint; documents from the Plaintiffs 2012 EEOC complaint; a CUNY charge of discrimination form completed by the Plaintiff; and 'the Plaintiffs letter, with exhibits, to the EEOC on December 1, 2014.

As of April 19, 2017, the Plaintiff had not filed a memorandum in opposition to CUNY’s motion for a judgment on the pleadings, so the Court ordered the Plaintiff to show cause why the mótion should not be granted as unopposed. The Plaintiff responded on April 28, 2017. On May 4, 2017, despite the fact that the Plaintiff had not shown good cause as to why she had not responded, the Court extended the Plaintiffs time to respond to CUNY’s motion. In doing so, the Court noted that there was a strong preference for deciding cases on their merits; and even if the Court were to analyze the Defendant’s motion as unopposed, it would still have to accept the factual assertions in the Plaintiffs complaint as true and construe all possible inferences in her favor.

The motion was fully briefed on June 14, 2017.

II. DISCUSSION.

A. The Relevant Legal Standard

The standard for a motion for a judgment on the pleadings pursuant to Rule' 12(c) is the same as a motion to dismiss a 'complaint pursuant to Rule 12(b)(6). Irish Lesbian & Gay Org. v. Giuliani, 143 F.3d 638, 644 (2d Cir. 1998).

In reviewing a motion- to dismiss pursuant to Rule 12(b)(6), the Court must accept the factual allegations set forth in the com[423]*423plaint -as true and draw all reasonable inferences in favor of the' Plaintiff. See Walker v. Schult, 717 F.3d 119, 124 (2d Cir. 2013); Cleveland v. Caplaw Enters., 448 F.3d 518, 521 (2d Cir. 2006); Bold Elec., Inc. v. City of N.Y., 53 F.3d 465, 469 (2d Cir. 1995); Reed v. Garden City Union Free School Dist., 987 F.Supp.2d 260, 263 (E.D.N.Y. 2013).

Under the now well-established Tivom-bly standard, a complaint should be dismissed only if it does not contain enough allegations of fact to state a claim for relief that is “plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct 1956, 1974, 167 L.Ed. 2d 929 (2007). The Second Circuit has explained that, after Twombly, the Court’s inquiry under Rule 12(b)(6) is guided by two principles:

First, although a court must accept as true all of the allegations contained in a complaint, that tenet is inapplicable'to legal conclusions, and [t]hreadbare recitals of the elements of a cause of action, supported by mere conelusory statements, do not suffice. Second, only a complaint that , states a plausible claim for relief survives a motion to dismiss and [d]etermining whether a complaint states a plausible claim for relief will ... be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.

Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 664, 129 S.Ct. 1937, 1940, 173 L.Ed. 2d 868 (2009)).

Thus, “[w]hen there are well-pleaded factual allegations, a court should assume their veracity and ... determine whether they plausibly give rise to an entitlement of relief.” Iqbal, 556 U.S. at 679, 129 S.Ct. 1937.

B. As to CUNY’s Exhibits

The Court first notes that it will take judicial notice of CUNY’s exhibits without converting the motion into- one for summary judgment.

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263 F. Supp. 3d 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/falcon-v-city-university-of-new-york-nyed-2017.