Johnson v. Frida's Bakery Inc. et al, No. 5:2019cv01613 - Document 10 (N.D.N.Y 2020)

Court Description: DECISION AND ORDER adopting 9 Report and Recommendations. Ordered that Plaintiff's Title VII claims against the individual defendants and all Section 1983claims are DISMISSED WITH PREJUDICE and without opportunity to amend; The complaint as as serted against individual defendants Hernandez, Dayan,and Pollack is DISMISSED WITH PREJUDICE and without opportunity to amend; Plaintiff's state law claims are DISMISSED WITH PREJUDICE and withoutopportunity to amend; Plaintiff's Title VII claim asserted against Frida's Bakery Inc. is DISMISSEDWITHOUT PREJUDICE and with opportunity to amend; Plaintiff is provided an opportunity to amend his Title VII claim against Frida'sBakery Inc. within thirty (30) days of the date of thi s Decision and Order to correct thedeficiencies identified in the Report-Recommendation; If plaintiff timely files an amended complaint within thirty (30) days of the date ofthis Decision and Order, the file be forwarded to United States Magistrate Judge Hummel forfurther review; and If plaintiff fails to file an amended complaint within thirty (30) days of the date ofthis Decision and Order, the complaint be dismissed in its entirety without further order.Signed by Judge David N. Hurd on 5/14/20. (Copy served via regular mail)(sfp, )