Moleon et al v. Alston et al, No. 1:2021cv01398 - Document 84 (S.D.N.Y. 2021)

Court Description: OPINION & ORDER re: 57 MOTION to Dismiss the Second through Seventh Causes of Action filed by Fred Alston, Local 272 John Doe 1, 61 MOTION to Dismiss Second Amended Complaint. filed by SP Plus Corporation, Margarita Lopez, Margarita Lopez (Margarita Lopez, Regional HR Director), Margarita Lopez (Margarita Lopez, Regional HR Director). For the foregoing reasons, the Court grants in full the motions to dismiss by the Union Defendants and the Employer Defend ants. The claims that survive because they were not subject to the motions to dismiss are (1) against the Union, the duty of fair representation claim, and (2) all claims against the Kent Defendants. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 57 and 61, and to terminate SP Plus, Lopez, and Doe as parties. SO ORDERED. SP Plus Corporation, SP Plus Corporation, Local 272 John Doe 1 and Local 272 John Doe 1 terminated. (Signed by Judge Paul A. Engelmayer on 12/3/2021) (va) Transmission to Orders and Judgments Clerk for processing.