Glaser v. Upright Citizens Brigade, LLC

377 F. Supp. 3d 387
CourtDistrict Court, S.D. Illinois
DecidedMarch 28, 2019
Docket18-CV-971 (JPO)
StatusPublished
Cited by9 cases

This text of 377 F. Supp. 3d 387 (Glaser v. Upright Citizens Brigade, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glaser v. Upright Citizens Brigade, LLC, 377 F. Supp. 3d 387 (S.D. Ill. 2019).

Opinion

J. PAUL OETKEN, District Judge:

Plaintiff Aaron Glaser, a stand-up comedian, brings this sex discrimination suit against various affiliated comedy theatres and schools based in New York City and Los Angeles, as well as against a company that owns property leased by some of the theaters, and against three of the theatres' directors (collectively, "Defendants"). (Dkt. No. 25 ("FAC") ¶¶ 1, 7-22.) Glaser raises tort claims, as well as claims under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq. ; Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. § 1681 et seq. ; the New York State Human Rights Law ("NYSHRL"), N.Y. Exec. Law § 290 et seq. ; and the New York City Human Rights Law ("NYCHRL"), N.Y.C. Admin. Code § 8-101 et seq. (FAC ¶¶ 117-249.) Before the Court now are Defendants' three motions to dismiss the operative First Amended Complaint. (Dkt. Nos. 39, 52, 64.) For the reasons that follow, Defendants' motions to dismiss are granted.

I. Background

A. Factual Background

The following facts are drawn from Plaintiff's First Amended Complaint and are presumed true for purposes of the instant motions.

1. The Parties

Plaintiff Aaron Glaser is a 31-year-old male and was a resident of the State of New York at all relevant times. (FAC ¶ 6.) Defendant Upright Citizens Brigade LLC ("UCB LLC") is a New York company that operates comedy theatres and training centers in New York City and Los Angeles. (FAC ¶¶ 7, 9.) Upright Citizens Brigade Training Center, LLC ("UCBTC LLC") is a separate entity, also incorporated in New York, that operates two Manhattan theatres together with UCB LLC and that provides training in improvisational and sketch comedy. (FAC ¶¶ 11-14.) Glaser refers to these two entities collectively as the "New York Entities." (FAC ¶ 12.) Defendant Shannon Patricia O'Neill serves as the New York Entities' Artistic Director, and Alex Sidtis serves as UCB LLC's Managing Director, which also entails managing the operations of UCBTC LLC. (FAC ¶¶ 8-11.)

Glaser was a student of the New York Entities from 2006 to 2010, and he served as an intern for the New York Entities *391from 2007 to 2008. (FAC ¶¶ 42, 47.) Following the conclusion of his time as a student in 2010, Glaser continued to perform at the New York Entities' theatres; at the time of the August 2016 meeting that gave rise to this suit, Glaser was producing and hosting his own monthly stand-up comedy series. (FAC ¶ 49.) Glaser alleges that his stand-up show was a "hit," and that the New York Entities took advantage of his show's popularity by advertising their products at his performances and by requesting that he provide his services to a private client. (FAC ¶¶ 50-51.) During this period, Glaser "several times" assisted the New York Entities' teachers in the execution of their curricula by performing student works at their classes. (FAC ¶ 52.) Glaser represents that he was compensated for his efforts during this period in the form of free drinks, free admission tickets to shows hosted by the New York Entities, and the opportunity to showcase his work for casting directors. (FAC ¶ 53.)

Glaser alleges that various entities in Los Angeles, California, also operate under the Upright Citizens Brigade umbrella. (FAC ¶¶ 7, 16.) These entities, which Glaser collectively refers to as the "California Entities," include Defendants Upright Citizens Brigade Training Center LA, LLC; UCB Inner Sanctum, LLC; and UCBTLA, LLC. (FAC ¶ 17.) Defendant Susan Hale is the Managing Director of the California Entities. (FAC ¶ 18.)

Defendant 5419 Sunset Properties, LLC ("5419 Sunset") is an entity that owns a theatre and office space that it leases to the California Entities. (FAC ¶¶ 20-21.) Glaser alleges that 5419 Sunset and the New York and California Entities (collectively, the "UCB entities" or "UCB") all operate "as one unified entity." (FAC ¶ 35.) More specifically, he alleges that these entities all share common employees, management, and staff (FAC ¶ 23), including Hale, who serves as "an owner, employee and/or representative of 5419 Sunset, in conjunction with her duties as Managing Director of the California Entities" (FAC ¶ 22). Glaser further alleges that 5419 Sunset is a "dummy entity" created by the New York and California Entities in order to evade the constraints placed on educational institutions by Title IX. (FAC ¶ 101.)

2. The August 11, 2016 Meeting

On August 9, 2016, Glaser received an email inviting him to attend an August 11, 2016 meeting at "UCB's main offices" in Manhattan. (FAC ¶ 59.) Present at that meeting were Glaser and Defendants O'Neill and Sidtis. (Id. ) At the meeting, O'Neill and Sidtis told Glaser that he had been accused of having committed one or more rapes sometime prior to 2011, and that following an investigation into those accusations, the New York and California Entities had resolved to ban Glaser from their properties and from attending or performing at any of their shows or classes. (FAC ¶¶ 60-62.)

Glaser maintains that he is innocent of the rapes he has been accused of. (FAC ¶ 94.) Glaser alleges that UCB erroneously found him to be culpable for this conduct because UCB conducted a one-sided investigation in which he played no part, and because he was not afforded a hearing at which he could contest those allegations or confront his accusers. (FAC ¶¶ 61, 90.) Sidtis also allegedly never delivered on a promised opportunity for Glaser to appeal his ban. (FAC ¶¶ 81-82.)

Glaser alleges that the New York and California Entities declined to afford him these procedural protections because of their bias against men, a bias that stemmed from UCB's effort to refute public accounts of its past failures to properly address allegations of male-on-female sexual violence. (FAC ¶ 66-67.) In support of *392these allegations of gender bias, Glaser has attached to his First Amended Complaint a news article from the week following his ban that describes a long history of ignored allegations of male-on-female sexual harassment at UCB. (FAC ¶ 66 n.1; Dkt. No. 25-2 at 3-4.) The article also details the widespread and heated public reaction that followed on the heels of Glaser's ban. (Dkt. No. 25-2.)

3. Aftermath

Despite Defendants' promises that the allegations against Glaser would remain confidential (FAC ¶ 62), internet users began sharing that information on Twitter within days of the August 11, 2016 meeting (FAC ¶ 68). Plaintiff alleges that either Sidtis or O'Neill must have leaked that information, because they "were in such a ready position to do so," presumably because they had been the only others present at the meeting. (Id.

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377 F. Supp. 3d 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glaser-v-upright-citizens-brigade-llc-ilsd-2019.