Lewis v. Roosevelt Island Operating Corporation et al, No. 1:2016cv03071 - Document 148 (S.D.N.Y. 2017)

Court Description: OPINION AND ORDER re: 56 MOTION to Dismiss filed by Margaret Smith, Michael Shinozaki, Mary Beth Labate, Howard Polivy, Roosevelt Island Operating Corporation, Roosevelt Island Operating Corporation Board of Directors, Fran ces A. Walton, Darryl Towns, David Kraut, Charlene M. Indelicato, Katherine Grimm, Fay Freyer Christian, Claudia McDade, Mary Beth Labate. Plaintiff Donald Lewis brings this suit against Defendants Roosevelt Island Operating Corporation and certain of its executives and members of its Board of Directors. He alleges that he was subject to discrimination on the basis of his race and gender, and that his employment was terminated for retaliatory reasons in violation of Title VII , 42 U.S.C. § 2000e et seq.; 42 U.S.C. § 1981; 42 U.S.C. § 1983; the New York State Human Rights Law; the New York City Human Rights Law; and New York common law. Defendants have moved to dismiss the Complaint in its entirety pursua nt to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, Defendants' motion is granted in part and denied in part. Plaintiff's § 1981, § 1983, NYSHRL, NYCHRL, and common l aw claims are dismissed with prejudice against Defendants RIOC, the Board of Directors, and the Individual Defendants in their official capacities for lack of subject matter jurisdiction. Plaintiff's § 1981 claims, as related to gender discrimination, also are dismissed with prejudice. Plaintiff's claims for discrimination, retaliation, and hostile work environment under Title VII may proceed against RIOC and the Board. Additionally, Plaintiff's claims under § 1981, § 1983, the NYSHRL, and the NYCHRL may proceed against the Individual Defendants in their individual capacities, except as to Walton and McDade as described. Plaintiff's common law claim against the Director Defendants is dismissed without prejudice. Finally, Plaintiff's request for punitive damages against RIOC is stricken. (As further set forth in this Opinion and Order.) (Signed by Judge Andrew L. Carter, Jr on 3/28/2017) (mro)
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