Pothen v. Stony Brook University

211 F. Supp. 3d 486, 2016 U.S. Dist. LEXIS 136065, 2016 WL 5716842
CourtDistrict Court, E.D. New York
DecidedSeptember 30, 2016
DocketNo 13-CV-6170 (JFB)(AYS)
StatusPublished
Cited by14 cases

This text of 211 F. Supp. 3d 486 (Pothen v. Stony Brook University) 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
Pothen v. Stony Brook University, 211 F. Supp. 3d 486, 2016 U.S. Dist. LEXIS 136065, 2016 WL 5716842 (E.D.N.Y. 2016).

Opinion

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge:

Stephen Pothen (“Pothen” or “plaintiff’), proceeding pro se and informa pau-peris, filed this action against the State University of New York at Stony Brook (“Stony Brook” or “defendant”) on November 7, 2013, alleging that Stony Brook violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (“Title VII”) by discriminating and retaliating against him based upon his race, national origin, color, and religion. The Court, in an order dated March 21, 2014 (the “March 21, 2014 Order”), dismissed plaintiffs complaint for failure to state a cause of action and gave plaintiff an opportunity to amend.1 Plaintiff filed an amended com[489]*489plaint on June 26, 2014, and a second amended complaint on April 28, 2015.2

Defendant moves to dismiss the second amended complaint pursuant to Rules 8(a) and 12(b)(6) of the Federal Rules of Civil Procedure on the grounds that (1) plaintiff fails to state a Title VII discrimination claim; (2) plaintiff fails to state a claim for retaliation under Title VII; (3) plaintiff fails to state a claim for hostile work environment; and (4) plaintiff failed to properly serve the second amended complaint and did not comply with the Court’s orders such that dismissal under Federal Rule of Civil Procedure 41(b) is warranted.

As discussed below, defendant’s motion to dismiss is granted in part and denied in part.

I.Background

A. Factual Background

The following facts are taken from the second amended complaint filed on April 28,. 2015 (“SAC”)3 and are not findings of fact by the Court. Instead, the Court will assume the facts in the SAC to be true and, for purposes of the pending 12(b)(6) motion to dismiss, will construe them in a light most favorable to plaintiff, the non-moving party.4

Beginning in 2005, plaintiff worked as a maintenance engineer at Stony Brook, (SAC at 1.) Plaintiff alleges that his supervisors discriminated and retaliated against him because of his Indian national origin and his religion, and created a hostile work environment by engaging in a conspiracy to destroy his career and by failing to provide a safe working environment in violation of Stony Brook’s code of conduct. (Id. at 1-3.) Plaintiff alleges that he was given “bad” reports, denied overtime, denied a promotion, given undesirable work assignments, denied an assistant for work assignments where one was customary, yelled at and called names by his supervisors, and terminated from his position. (Id. at 2-9.)

Plaintiff alleges that he and his co-worker, also of Indian descent, were given “bad reports” by a supervisor, Frank Nappie (“Nappie”), who “hated Indians.” (Id. at 1-2.) Plaintiff claims that, under a prior supervisor, his service record was good. (Id. at 8.) Plaintiff states that he is Christian and has Jewish grandparents. (Id. at 3.) He alleges that he was denied a promotion to the position of “Engineer 2” and that management provided him with “no utility assistant (except on [S]aturdays and [Sundays during the last year of my service) as [490]*490they did to other engineers,” which caused plaintiff to have to do his work as an engineer and the work an assistant would do. (Id.) Plaintiff also alleges that Nappie was responsible for allotting overtime and requested plaintiff give him money in exchange for an allotment of overtime. (Id. at 3.) Plaintiff alleges that, after he refused to pay Nappie for overtime on religious grounds, Nappie withheld overtime from him, but provided overtime to plaintiffs colleagues. (Id.)

Plaintiff also alleges the following specific incidents were the result of discrimination and contributed to a hostile work environment:5 (1) on April 20, 2013, plaintiffs supervisor David Kingsly (“Kingsly”) “hammered on the table,” yelled at plaintiff, and called him stupid; (2) on June 15, 2013, the assistant director questioned plaintiff about a building inspection log and yelled at plaintiff; (3) on June 12, 2013, plaintiff was asked to clean paint which caused him dizziness and other discomfort, a task he alleges other engineers were not asked to do; (4) on September 10, 2012, plaintiff had an accident, which his supervisor refused to report and which led to an altercation; (5) on June 10, 2013, Kingsly threw a soiled raincoat at plaintiff, interrogated and yelled at plaintiff, told plaintiff that he needed treatment for paranoia, asked plaintiff to do an “imposed job” of energy survey (a task plaintiff alleges he was only tasked with doing on Saturdays and Sundays), and refused to give plaintiff a log sheet used to track plaintiffs work; and (6) on May 27, 2013, Kinglsy permitted plaintiffs colleague to leave early, but denied plaintiffs request to leave the next day and threatened to take action against him. (Id. at 5-7.)

With respect to his claim of retaliation, plaintiff alleges that he filed numerous complaints with various departments at Stony Brook, and filed complaints with the Human Rights Commission (“HRC”) and the Equal Employment Opportunity Commission (“EEOC”), including a “workplace violence complaint” on September 27, 2013. (Id. at 1.) Plaintiff alleges that he was retaliated against by supervisors who mistreated him, including by trying to poison him, manhandling and threatening him, giving him unfavorable work assignments without an assistant, and denying him a promotion. (Id. at 13.)

B. Procedural History

Plaintiff filed the initial complaint on November 7, 2013. By order dated November 20, 2013, the Court stated that it would dismiss the action without prejudice if service of the summons and complaint were not made on Stony Brook by March 7, 2014, or if plaintiff failed to show good cause as to why such service had not been effected. Plaintiff submitted an affirmation of service dated January 6, 2014 stating that he served the summons and complaint by mailing copies to the “Director” of Stony Brook, the Attorney General of the. United States, and the United States Attorney for the Eastern District of New York. On February 7, 2014, Stony Brook filed its first motion to dismiss based upon failure to state a claim, which the Court granted on March 21, 2014. Plaintiff was given leave to amend, which plaintiff attempted to do by letter and which Stony Brook opposed. By Order dated May 28, 2014, the Court gave plaintiff one final opportunity to amend his complaint. Plaintiff filed an amended complaint on June 26, 2014 and, on October 20, 2014, Stony [491]*491Brook made a second motion to dismiss. On March 25, 2015, the Court permitted plaintiff to file the SAC. The SAC was filed on April 28, 2015, and on May 29, 2015, the defendant filed a third motion to dismiss. By order dated August 10, 2015, the Court directed the plaintiff to serve “the defendant with a full, paper copy of the Second Amended Complaint and a copy of the disc he has filed with the Court” by August 23, 2015.

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211 F. Supp. 3d 486, 2016 U.S. Dist. LEXIS 136065, 2016 WL 5716842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pothen-v-stony-brook-university-nyed-2016.