UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
June 30, 2008
XU-SHEN ZHOU, ALSO KNOWN AS JASON ZHOU, PLAINTIFF,
STATE UNIVERSITY OF NEW YORK INSTITUTE OF TECHNOLOGY; DR. LISA BERADINO, DR. STEPHEN HAVLOVIC, DR. WILLIAM LANGDON, AND DR. PETER SPINA, EACH PERSONALLY, AND IN THEIR OFFICIAL CAPACITY, DEFENDANTS.
The opinion of the court was delivered by: David N. Hurd United States District Judge
Defendants State University of New York Institute of Technology ("SUNYIT"), Stephen Havlovic, and Peter Spina move to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff's complaint alleges claims under 42 U.S.C. § 1981 ("§ 1981"), and 42 U.S.C. § 2000e et seq ("Title VII"). He withdraws his § 1981 claims against these defendants in their official capacities, and the Title VII claims in their individual capacities. Otherwise, he opposes the motion.
Reviewing the allegations in the complaint as true for the purpose of this motion, it sets forth causes of action under § 1981, and Title VII. Further, based upon the unrefuted documentary evidence presented by plaintiff, his Title VII claims are not time-barred.
Therefore, it is ORDERED, that
1. The § 1981 claims in the complaint against the defendant State University of New York Institute of Technology, Stephen Havlovic, and Peter Spina in their official capacity are DISMISSED;
2. The Title VII claims against defendants Stephen Havlovic and Peter Spina in their individual capacities are DISMISSED; and
3. The defendants shall file and serve an answer to the remaining allegations in the complaint on or before July 14, 2008.
IT IS SO ORDERED.
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