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Mamadou Hafiz Jallow v. Office of Court Administration (Oca) and District 37 Local 1070

September 26, 2012

MAMADOU HAFIZ JALLOW, PLAINTIFF,
v.
OFFICE OF COURT ADMINISTRATION (OCA) AND DISTRICT 37 LOCAL 1070, DEFENDANTS.



The opinion of the court was delivered by: Honorable Paul A. Crotty, United States District Judge:

USDC SDNY

DOCUMENT ELECTRONICALLY FILED

DOC #: September 26, 2012 - -

ORDER ADOPTING REPORT: AND RECOMMENDATION

DATE FILED:

Plaintiff Mamadou Hafiz Jallow ("Jallow") brings this action against his former employer, the New York Unified Court System Office of Court Administration ("OCA"), and his union, District Council 37, Local 1070 ("DC 37"), alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. ("Title VII"), the New York State Human Rights Law, N.Y. Exec. Law § 290, et seq. ("NYSHRL"), and the New York City Human Rights Law, N.Y. City Admin. Code § 8-101, et seq. ("NYCHRL"). (Compl. 1, ECF No. 2.) Jallow, a former court interpreter, alleges OCA required that he and others take a new proficiency examination and then wrongfully terminated him after he failed to pass, while Spanish interpreters were not required to take the new exam. (Id. ¶ II.) Defendants moved to dismiss the Complaint on various grounds, and on December 27, 2011,*fn1 Magistrate Judge Frank Mass issued a Report and Recommendation that Defendants' motions be granted, and particularly that Jallow's Title VII claims be dismissed for failure to produce any evidence that Jallow filed a timely charge with the Equal Employment Opportunity Commission ("EEOC") or received a right-to-sue letter from the EEOC before initiating this suit. (See ECF No. 21.) Subsequently, Jallow's newly engaged counsel produced a copy of an intake questionnaire that Jallow had previously submitted to the EEOC, and the Court referred the additional material to Magistrate Judge Mass for a supplemental Report and Recommendation (see ECF No. 25), which Magistrate Judge Mass issued on September 4, 2012 (see ECF No. 37) (the "R&R").*fn2

In his September 4, 2012 R&R, Magistrate Judge Mass recommended that OCA's motion to dismiss be granted in part and denied in part, and that DC 37's motion to dismiss be granted in its entirety. (R&R at 7--22.) The parties had fourteen days in which to file objections, see 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2), but have not done so. For the reasons set forth herein, the Court adopts in full the September 4, 2012 R&R.

DISCUSSION

A. Standard of Review

The Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). "To accept the report and recommendation of a magistrate, to which no timely objection has been made, a district court need only satisfy itself that there is no clear error on the face of the record." Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003) (citation omitted).

B. Subject Matter Jurisdiction

Magistrate Judge Mass concluded that the Court does not have subject matter jurisdiction over Jallow's NYSHRL and NYCHRL claims against OCA because OCA has Eleventh Amendment sovereign immunity to such suits in federal court. (R&R at 9--11.) See Tuckett v. New York State Dep't of Taxation & Fin., No. 99 Civ. 0679 (BSJ), 2000 WL 1028662, at *2 (S.D.N.Y. July 26, 2000); Leiman v. New York, No. 98 Civ. 5538 (MHD), 2000 WL 1364365, at *7 (S.D.N.Y. Sept. 21, 2000). The Court finds no clear error with this recommendation, and grants OCA's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) as to Plaintiff's NYSHRL and NYCHRL claims.

C. Exhaustion

For the reasons set forth in the carefully considered September 4, ...


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