The opinion of the court was delivered by: Honorable Paul A. Crotty, United States District Judge:
Pro se plaintiff Kyle Jiggetts ("Jiggetts") brings this action against the New York City Department of Citywide Administrative Services ("DCAS")*fn1 and AlliedBarton Security Services ("AlliedBarton") (collectively, "Defendants"), asserting claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"), the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. ("ADA"), and New York State law. Jiggetts alleges that Defendants: discriminated against him based on his race and perceived disability; retaliated against him for engaging in union-related activities and for filing complaints with the Equal Employment Opportunity Commission ("EEOC"), the Department of Labor ("DOL"), and this Court; and breached their contract with each other, to which Jiggetts was not a party. This is Jiggetts's fourth suit relating to his employment as a security guard at properties operated by DCAS.
On January 6, 2012, Magistrate Judge Frank Maas issued a Report & Recommendation ("R&R"), recommending that Court grant in part and deny in part Defendants' motions, and close the case. Neither Jiggetts, nor any other party filed objections to the R&R. For the reasons that follow, the Court adopts the R&R in its entirety and closes this case.
From December 1, 2006 to June 30, 2010, Jiggetts worked as a security officer for AlliedBarton. Jiggetts alleges that during his employment, he was harassed, subjected to racial slurs and threats, transferred between work sites, and not permitted to advance to a higher paid position due to his race, and was discriminated against based on a perceived disability.*fn3 He further alleges that he was retaliated against for his unionizing activities, and for filing EEOC complaints and lawsuits. Finally, Jiggetts alleges that he was not rehired in violation of a collective bargaining agreement.
To date, Jiggetts has filed at least fifteen lawsuits in his own name in state or federal court. (See AlliedBarton Br. at 4). The instant case is Jiggetts's fourth suit relating to his employment as a security guard at buildings owned or operated by the City.
In the first suit, Jiggetts v. Tristar Patrol Services, Inc., No. 06 Civ. 4868 (JSR)(RLE) ("Jiggetts I"), Jiggetts sued DCAS and Tristar Patrol Services, Inc. ("Tristar"), a predecessor of AlliedBarton on the City security guard contract, alleging, inter alia, a violation of Title VII and the ADA. Tristar settled with Jiggetts, and Judge Rakoff, adopting Magistrate Judge Ellis's R&R, granted summary judgment for DCAS, because, inter alia, DCAS was not Jiggetts's employer, and there was no evidence to show that Jiggetts's termination was in violation of Title VII or the ADA.
In Jiggetts v. AlliedBarton, No. 08 Civ. 4371 (JSR)(RLE) ("Jiggetts II"), Jiggetts sued AlliedBarton and the New York City Department of Transportation, alleging defendants discriminated against him based on his race and disability, and created a hostile work environment. Judge Rakoff again adopted Magistrate Judge Ellis's R&R and granted summary judgment for defendants, finding Jiggetts failed to adduce any evidence to show that defendants' transferred and terminated Jiggetts based on his race or disability, or to show that the conditions Jiggetts was subject to amounted to a hostile work environment.
In Jiggetts v. Local 32BJ, SEIU, No. 10 Civ. 9082 (DAB)(JCF) ("Jiggetts III"), Jiggetts sued his union, the City, and AlliedBarton, alleging defendants discriminated against him based on his race and disability, retaliated against him, and breached the collective bargaining agreement. While Jiggetts filed the case in state court, the defendants removed the action to this court. Judge Batts, adopting Magistrate Judge Francis's R&R, dismissed Jiggetts's claims, because Jiggetts failed to state a claim for discrimination and retaliation. Judge Batts, again adopting Magistrate Judge Francis's recommendation, then enjoined Jiggetts from filing another suit against AlliedBarton in federal court relating to Jiggetts's employment as a security guard at City owned or operated sites. Due to comity concerns, however, the court did not enjoin Jiggetts from filing suit in state court.
On January 19, 2011, Jiggetts obtained a "right-to-sue" letter from the EEOC, and filed this action in New York Supreme Court. Here, much like in Jiggetts III, Jiggetts alleges: (1) he was discriminated against based on his race and a perceived disability; (2) he was retaliated against based on his union-activities, EEOC complaints, and prior suits; and (3) Defendants breached a contract they had with each other. On February 23, 2011, Defendants removed this action to this Court.
On April 28, 2011, Jiggetts moved to remand the case back to New York State Supreme Court or, in the alternative, for dismissal. On May 11, 2011, Magistrate Judge Maas, in a memorandum, noted that he could not grant Jiggetts's request because a motion to dismiss was already pending. Magistrate Judge Maas directed Jiggetts to respond to the motions to dismiss. Jiggetts, however, did not do so. In their motions, Defendants argue that Jiggetts's complaint should ...