determination in making its own — a dubious proposition at best
— that mistake in no way precluded plaintiff from filing suit in
order to preserve her claims.
Another case cited by plaintiff is simply inapposite. The case Ford v.
Bernard Fineson Development Center, 81 F.3d 304 (2d Cir. 1996), is not
about equitable tolling at all. It is about whether a worksharing
agreement between the EEOC and the State Division can contain a
self-executing waiver of a state agency's right to exclusively handle
discrimination claims. See id. at 311. The other cases cited by plaintiff
are equally unavailing.
In sum, there is no valid reason to extend the right-to-sue period
beyond ninety days from the date of the first right-to-sue notice.
Plaintiff's ADEA claims must therefore be dismissed as time-barred.
B. The State Law Claims
In her amended complaint, plaintiff invokes this court's jurisdiction
through 28 U.S.C. § 1331, the federal question statute. See Am.
Compl. ¶ 2. She also alleges that "[t]he court has supplemental
jurisdiction over the state causes of action." Id. Plaintiff's amended
complaint, however, dropped the state law claims in favor claims under
the New York City Administrative Code.
In any event, whether her invocation of supplemental jurisdictional
pertains to state or city law claims, the court will decline to exercise
jurisdiction over any pendent state or city law claims that remain after
the dismissal of her ADEA claims. See Grace v. Rosenstock, 228 F.3d 40,
55 (2d Cir. 2000) ("Certainly, if the federal claims are dismissed before
trial . . . the state claims should be dismissed as well.") (quoting
United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966)); Fay v. S.
Colonie Cent. Sch. Dist., 802 F.2d 21, 34 (2d Cir. 1986) (reversing
district court's exercise of pendent jurisdiction as abuse of discretion
where dismissal of federal claim was required and state law questions
Plaintiff's claims under the NYCHRL will therefore be dismissed
For the foregoing reasons, defendant's motion to dismiss the amended
complaint must be and is hereby GRANTED. Plaintiff's ADEA claims are
DISMISSED WITH PREJUDICE. Plaintiff's NYCHRL claims are DISMISSED WITHOUT
PREJUDICE. The pretrial conference scheduled for Thursday, April 11,
2002, is canceled. The Clerk of Court is directed to close this case and
remove it from the court's active docket.