United States District Court, S.D. New York
June 2, 2004.
BEATE WALTER, Plaintiff, -against- WESTDEUTSCHER RUNDFUNK, et ano., Defendants
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
The Court has considered defendants' motion to dismiss the complaint,
the report and recommendation of Magistrate Judge Francis recommending
that the motion be granted in part and denied in part, and the objections
of all parties.
The Court concludes that Judge Francis' report is correct insofar as it
recommended denial of several aspects of defendants' motion. While the
sufficiency of the claim of gender discrimination is a close one, the
Court is persuaded, purely at this pleading stage, that this aspect of
the complaint should not be dismissed. See Gregory v. Daly, 243 F.3d 687,
697-98 (2d Cir. 2001).
Accordingly, defendants' motion to dismiss the complaint is denied.
© 1992-2004 VersusLaw Inc.