Muniz v. The City of New York

S.D. New York

Muniz v. The City of New York

DecidedAugust 15, 2023

Docket1:20-cv-09223

StatusUnknown

This text of Muniz v. The City of New York (Muniz v. The City of New York) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Muniz v. The City of New York, (S.D.N.Y. 2023).

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USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K ---------------------------------------------------------------------- X : JOHNNY MUNIZ, : : Plaintiff, : : 20 Civ. 9223 (JPC) -v- : : ORDER THE CITY OF NEW YORK et al., : : Defendants. : : ---------------------------------------------------------------------- X

JOHN P. CRONAN, United States District Judge: On October 18, 2022, Defendants the City of New York and Deputy Inspector John Mastronardi moved for summary judgment on all claims brought by Plaintiff. Dkts. 55-58. Plaintiff’s Complaint brought nine Causes of Action. Dkt. 1 ¶¶ 37-86. The First Cause of Action alleges a violation of the Age Discrimination in Employment Act of 1967 (“ADEA”) and the Older Workers Benefit Protection Act and is titled “Age Discrimination – Disparate Treatment – Federal Claims against the City of New York,” but the allegations for this cause of action refer to “Defendants” in the plural. Further, the titles of the Fourth and Seventh Causes of Action, which allege a hostile work environment and discrimination under federal law, do not specify against which Defendants the claims are brought, although the allegations for these causes of action also refer to “Defendants” in the plural. Id. Finally, the Second, Fifth, and Eighth Causes of Action allege violations of the New York State Human Rights Law (“NYSHRL”) against both Defendants. By August 22, 2023, Plaintiff shall file a letter clarifying whether he intended to bring any of these Causes of Action against both the City of New York and John Mastronardi, and if so, which Causes of Action. If Plaintiff did so intend, by August 29, 2023, the parties shall each provide their views as to whether such claims may be brought against an individual defendant, in letters no more than five pages. See Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (Title VII and ADEA); Wrighten v. Glowski, 232 F.3d 119, 120 (2d Cir. 2000) (Title VI); Fellah v. City Univ. of N.Y., No. 20 Civ. 6423 (JPC), 2022 WL 4619902, at *7 & n.8 (S.D.N.Y. Sept. 30, 2022) (NYSHRL). SO ORDERED. Vb fa Dated: August 15, 2023 * New York, New York JOHN P. CRONAN United States District Judge

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USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K ---------------------------------------------------------------------- X : JOHNNY MUNIZ, : : Plaintiff, : : 20 Civ. 9223 (JPC) -v- : : ORDER THE CITY OF NEW YORK et al., : : Defendants. : : ---------------------------------------------------------------------- X

JOHN P. CRONAN, United States District Judge: On October 18, 2022, Defendants the City of New York and Deputy Inspector John Mastronardi moved for summary judgment on all claims brought by Plaintiff. Dkts. 55-58. Plaintiff’s Complaint brought nine Causes of Action. Dkt. 1 ¶¶ 37-86. The First Cause of Action alleges a violation of the Age Discrimination in Employment Act of 1967 (“ADEA”) and the Older Workers Benefit Protection Act and is titled “Age Discrimination – Disparate Treatment – Federal Claims against the City of New York,” but the allegations for this cause of action refer to “Defendants” in the plural. Further, the titles of the Fourth and Seventh Causes of Action, which allege a hostile work environment and discrimination under federal law, do not specify against which Defendants the claims are brought, although the allegations for these causes of action also refer to “Defendants” in the plural. Id. Finally, the Second, Fifth, and Eighth Causes of Action allege violations of the New York State Human Rights Law (“NYSHRL”) against both Defendants. By August 22, 2023, Plaintiff shall file a letter clarifying whether he intended to bring any of these Causes of Action against both the City of New York and John Mastronardi, and if so, which Causes of Action. If Plaintiff did so intend, by August 29, 2023, the parties shall each provide their views as to whether such claims may be brought against an individual defendant, in letters no more than five pages. See Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (Title VII and ADEA); Wrighten v. Glowski, 232 F.3d 119, 120 (2d Cir. 2000) (Title VI); Fellah v. City Univ. of N.Y., No. 20 Civ. 6423 (JPC), 2022 WL 4619902, at *7 & n.8 (S.D.N.Y. Sept. 30, 2022) (NYSHRL). SO ORDERED. Vb fa Dated: August 15, 2023 * New York, New York JOHN P. CRONAN United States District Judge

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