Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cullen v. Verizon Communications

United States District Court, W.D. New York

November 21, 2014

DAVID CULLEN, Plaintiffs,
v.
VERIZON COMMUNICATIONS, [1] Defendants.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief District Judge.

INTRODUCTION

In this action, filed on June 16, 2014, Plaintiff alleges that his former employer failed to accommodate his disability and terminated his employment in violation of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101 et seq., and the New York Human Rights Law, N.Y. EXEC. LAW §§ 290 et seq. Defendant has moved to dismiss the Complaint, under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The motion is fully briefed and the Court has determined oral argument is unnecessary. For the reasons stated, the motion is granted.

DISCUSSION

A. Standard of Review

Rule 12 (b)(6) allows dismissal of a complaint for "failure to state a claim upon which relief can be granted." Fed.R.Civ.P. 12(b)(6). Federal pleading standards are generally not stringent: Rule 8 requires only a short and plain statement of a claim. Fed.R.Civ.P. 8(a)(2). But the plain statement must "possess enough heft to sho[w] that the pleader is entitled to relief.'" Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 557, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (quoting Fed.R.Civ.P. 8(a)(2)).

When determining whether a complaint states a claim, the court must construe it liberally, accept all factual allegations as true, and draw all reasonable inferences in the plaintiff's favor. Goldstein v. Pataki, 516 F.3d 50, 56 (2d Cir. 2008); ATSI Commc'ns, Inc. v. Shaar Fund, Ltd., 493 F.3d 87, 98 (2d Cir. 2007). Legal conclusions, however, are not afforded the same presumption of truthfulness. See Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) ("the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions").

"To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 570). Labels, conclusions, or "a formulaic recitation of the elements of a cause of action will not do." Twombly, 550 U.S. at 555. Facial plausibility exists when the facts alleged allow for a reasonable inference that the defendant is liable for the misconduct charged. Iqbal, 446 U.S. at 129 S.Ct. at 678. The plausibility standard is not, however, a probability requirement: the pleading must allege more than "a sheer possibility that a defendant has acted unlawfully." Id. at 1950; Fed.R.Civ.P. 8(a)(2). Well-pleaded allegations in the complaint must nudge the claim "across the line from conceivable to plausible." Twombly, 550 U.S. at 570.

B. The Parties' Submissions

1. Plaintiff's Complaint

In accordance with the standard set forth above, the following factual allegations are presumed true for purposes of assessing the sufficiency of Plaintiffs' Complaint.

Plaintiff suffers from alcoholism. Defendant became aware of Plaintiff's alcoholism when Plaintiff lost his driver's license. From August 2012 through January 31, 2013, Defendant accommodated Plaintiff by not requiring that he perform "on the road" duties. Defendant terminated Plaintiff's employment on January 31, 2013.

Based on these facts, Plaintiff alleges that Defendant unlawfully ceased accommodating his disability, and unlawfully ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.