Shelton J. Haynes and Gretchen K. Robinson v. Executive Chamber for the Office of the Governor of New York, Roosevelt Island Operating Corporation, Roger Maldonado, Tania Dissanayake, Ruthanne Visnauskas, Diana Lopez, Alejandro Valella, and Ben Fhala

District Court, S.D. New York·Decided September 30, 2025·No. 1:23-cv-08051·Unknown

Opinion

UNITED STATES DISTRICT COURT 9/30/2025 SOUTHERN DISTRICT OF NEW YORK SHELTON J. HAYNES AND GRETCHEN K.ROBINSON, Plaintiffs, -against- 1:23-cv-08051 (MKV) EXECUTIVE CHAMBER FOR THE OFFICE OF THE GOVENOR OF NEW OPINION AND ORDER YORK, ROOSEVELT ISLAND GRANTING DEFENDANT OPERATING CORPORATION, ROGER FHALA’S MOTION MALDONADO, TANIA DISSANAYAKE, RUTHANNE VISNAUSKAS, DIANA LOPEZ, ALEJANDRO VALELLA, and BEN FHALA, Defendants. MARY KAY VYSKOCIL, United States District Judge: Plaintiffs Shelton J. Haynes and Gretchen K. Robinson (collectively, “Plaintiffs”), brought this action against Defendants Executive Chamber for the Office of the Governor of New York (the “Chamber”) and Roosevelt Island Operating Corporation (“RIOC”) asserting discrimination and retaliation claims under Title VII and against Individual Defendants Roger Maldonado, Tania Dissanayake, Ruthanne Visnauskas, Diana Lopez, Alejandro Valella, and Ben Fhala alleging race discrimination, retaliation, and hostile work environment claims under Title 42, United States Code Section 1983 (“Section 1983”), the New York State Human Rights Law (“NYSHRL”), and the New York City Human Rights Law (“NYCHRL”). The Court previously granted a motion to dismiss on behalf of Defendants Chamber, Maldonado, Dissanayake, Visnauskas, Lopez, and Valella. [ECF No. 120]. Before the Court now is a motion by Defendant Ben Fhala to dismiss the Second Amended Complaint. [ECF No. 112]. Defendant Fhala moved to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure [ECF No. 111], however, Defendant Fhala previously filed an Answer in this action. [ECF No. 96]. As such, the Court construes and resolves the pending motion pursuant to Rule 12(c).1 For the reasons discussed below Defendants’ motion is GRANTED. BACKGROUND2

I. Factual Background Plaintiff Haynes was the Chief Executive Officer and President of RIOC. SAC ¶ 7. Plaintiff Robinson was the Vice President and General Counsel of RIOC. SAC ¶ 8. RIOC is a New York State public benefit corporation responsible for operating Roosevelt Island, New York. SAC ¶ 10. RIOC has a Board of Directors which governs RIOC, sets RIOC policy, and is responsible for the business affairs of RIOC. SAC ¶ 23. The RIOC Board is composed of nine members including the Commissioner of the New York State Division of Housing and Community Renewal (or his or her designee); the New York State Budget Director (or his or her designee); and seven public members appointed by the Governor with the advice and

consent of the Senate. SAC ¶ 23. Defendant Fhala was one of the seven public members and he was nominated and confirmed on or about June 9, 2023 to serve as a RIOC Board Member. SAC ¶ 17.

1 The Second Circuit has made clear that a district court can and should consider an untimely Rule 12(b)(6) pre-answer motion to dismiss as a Rule 12(c) motion for judgment on the pleadings. See Patel v. Contemp. Classics of Beverly Hills, 259 F.3d 123, 126–27 (2d Cir. 2001) (“Thus, here, even if [the defendant] had answered the complaint, his motion to dismiss, although styled as a Rule 12(b)(6) motion, could and should have been considered as a Rule 12(c) motion for judgment on the pleadings.”). 2 The facts are taken from the Second Amended Complaint, (“SAC,” ECF No. 81]), and are accepted as true for purposes of the motion to dismiss. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (“[F]or the purposes of a motion to dismiss we must take all of the factual allegations in the complaint as true.”); see also Patel, 259 F.3d at 126 (“[t]he standard for granting a Rule 12(c) motion for judgment on the pleadings is identical to that of a Rule 12(b)(6) motion for failure to state a claim.”). The New York State Inspector General (“NYSIG”) is responsible for receiving and investigating complaints concerning allegations of corruption, fraud, criminal activity, conflicts of interest or abuse in any entity under its jurisdiction, including New York State public benefit corporations. SAC ¶ 18. The New York State Office of Employee Relations (“OER”) is the New York State entity charged with investigating complaints of employment-related protected class

discrimination in agencies and departments over which the Governor has executive authority. SAC ¶ 19. The New York State Commission on Ethics and Lobbying in Government (“COELIG”) was created to ensure compliance with the ethics and lobbying laws and regulations of the State and has jurisdiction over New York State public benefit corporations. SAC ¶ 20. The New York State Department of Human Rights (“NYSDHR”) is the State agency charged with enforcing New York State’s Human Rights Law. SAC ¶ 21. The Office of the New York State Comptroller is responsible for providing independent fiscal oversight on the State and local finances. SAC ¶ 22. Plaintiffs allege that the prior CEO and President of RIOC, Susan Rosenthal, was terminated by the Defendant Chamber following an investigation by the OER, which revealed

numerous instances in which Rosenthal spoke to subordinates using racist and sexually inappropriate language. SAC ¶ 52. Plaintiff Haynes was appointed to the role of acting President of RIOC by the RIOC Board and later appointed to the permanent position of CEO and President of RIOC. SAC ¶¶ 53–54. Plaintiffs, both of whom are African American, SAC ¶ 1, allege that they have received an unprecedented level of scrutiny and hostility because of their race since the promotion of Plaintiff Haynes to CEO and President of RIOC. SAC ¶¶ 55–56. On June, 16, 2023, Chamber and HCR received a letter from Plaintiffs’ counsel requesting a litigation hold and citing racial discrimination and retaliation. SAC ¶ 141. Plaintiffs allege that approximately one month after Defendant Fhala was confirmed to the RIOC Board, he sent an email, on which Plaintiffs were not included, requesting that he be added to the Audit Committee and asking to create a new committee for transportation and parking. SAC ¶ 143. Plaintiffs further allege that Defendant Fhala ignored the practice of how an RIOC Board Member should contact stakeholders. SAC ¶¶ 145–46. Plaintiffs also allege that Defendant Fhala

contacted sister agencies and other RIOC staff without first reaching out to Plaintiff Haynes. SAC ¶ 147. Plaintiffs allege that Defendant Fhala sent an email with respect to an upcoming RIOC Board meeting that accused Plaintiff Robinson of deliberately delaying the upcoming RIOC Board meeting. SAC ¶ 148. This email was sent to the RIOC Board, Plaintiff Haynes, Plaintiff Robinson, the RIOC Legal Department, Senator Krueger, Assemblymember Seawright, and others, which allegedly breached the general practice of not sending emails pertaining to internal RIOC Board matters to non-RIOC parties. SAC ¶ 148. At the subsequent RIOC Board meeting, on or about August 7, 2023, Defendant Fhala allegedly accused Plaintiff Haynes of blocking his appointment to committee positions and

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Shelton J. Haynes and Gretchen K. Robinson v. Executive Chamber for the Office of the Governor of New York, Roosevelt Island Operating Corporation, Roger Maldonado, Tania Dissanayake, Ruthanne Visnauskas, Diana Lopez, Alejandro Valella, and Ben Fhala, (S.D.N.Y. 2025).

Shelton J. Haynes and Gretchen K. Robinson v. Executive Chamber for the Office of the Governor of New York, Roosevelt Island Operating Corporation, Roger Maldonado, Tania Dissanayake, Ruthanne Visnauskas, Diana Lopez, Alejandro Valella, and Ben Fhala (Shelton J. Haynes and Gretchen K. Robinson v. Executive Chamber for the Office of the Governor of New York, Roosevelt Island Operating Corporation, Roger Maldonado, Tania Dissanayake, Ruthanne Visnauskas, Diana Lopez, Alejandro Valella, and Ben Fhala) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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