United States District Court, S.D. New York
ORDER ADOPTING REPORT AND RECOMMENDATION AND
PAUL A. CROTTY, District Judge.
On January 6, 2014, Plaintiff Rosanna Mayo-Coleman, prose, commenced this action alleging that her employer, American Sugar Holdings,  Inc., and its Human Resources Manager, Robert Jandovitz, discriminated against her. Subsequently she retained counsel who filed an Amended Complaint. The Amended Complaint alleges (1) hostile work environment and "an atmosphere of adverse employment actions" based on Plaintiffs "gender, sex, race, and age"; (2) discrimination based on gender, sex, race, and age, in violation of NYSHRL and NYCHRL; and (3) retaliation and discrimination based on gender, sex, race, and age, "in violation of Federal Law, " NYSHRL, and NYCHRL.
Defendants move to partially dismiss the Amended Complaint, pursuant to Fed.R.Civ.P. 12(b)(6), and to strike allegations from the Amended Complaint, pursuant to Fed.R.Civ.P. 12(f). Defendants also request a more definite statement of Plaintiffs claims, pursuant to Fed.R.Civ.P. 12(e).
On March 2, 2015, Magistrate Judge Kevin Fox issued a Report and Recommendation ("R&R") that Defendants' partial motion to dismiss be granted, Defendants' motion to strike be
On March 2, 2015, Magistrate Judge Kevin Fox issued a Report and Recommendation ("R&R") that Defendants' partial motion to dismiss be granted, Defendants' motion to strike be granted in part, and denied in part, and Defendants' motion for a more definite statement be denied.
Plaintiff began working at American Sugar Holdings in 1988. She alleges that, beginning in 2008, her supervisor Tyrone Smith began to sexually harass her. According to the Amended Complaint, when Plaintiff rebuffed Smith's sexual advances, Smith retaliated by, inter alia, denying Plaintiff overtime opportunities, assigning her additional responsibilities, and failing to submit documentation so that Plaintiff could be paid on time. Plaintiff asserts that she complained about Smith's behavior to her other supervisors and to members of American Sugar Holdings' human resources department, including Defendant Jandovitz, but no one intervened.
In September 2012, Plaintiff filed a complaint with the Equal Employment Opportunity Commission ("EEOC") alleging sex discrimination. The EEOC complaint also referenced alleged "sexual harassment and retaliat[ion]." The EEOC issued a notice of right to sue on November 27, 2013.
II. Report and Recommendation
A. Partial Motion to Dismiss
Magistrate Judge Fox recommends dismissal of Plaintiffs federal race and age discrimination claims, because Plaintiff failed to exhaust her administrative remedies by presenting those claims to the EEOC. (R&R at 8); see Francis v. City of New York, 235 F.3d 763, 768 (2d Cir. 2000). Plaintiff's race and age discrimination claims were not included in her EEOC complaint. Nor are those claims "reasonably related" to the allegations presented to the EEOC, because the "conduct complained of' does not "fall within the scope of the EEOC investigation which can reasonably be expected to grow out of' Plaintiff's sex discrimination claim. (R&R at 8 (citing Fitzgerald v. Henderson, 251 F.3d 345, 359-60 (2d Cir. 2001))). Plaintiff concedes that she "inadvertently included" the federal race and age claims in the Amended Complaint, and instead "meant to limit the Federal Claim to sex and gender discrimination." Opp. Mtn. 2.
Magistrate Judge Fox also recommends that this Court decline supplemental jurisdiction over Plaintiff's NYSHRL and NYCHRL race and age discrimination claims. (R&R at 9); see Crespo v. NY City Transit Auth., 2002 U.S. Dist. LEXIS 2977, at *32-33 (E.D.N.Y. Jan. 7, 2002).
B. Motion to Strike
Magistrate Judge Fox recommends striking as immaterial the allegations in the Amended Complaint that relate solely to race and age discrimination. Since those claims have been dismissed, evidence in support of those allegations would not be relevant. See Lipsky v. Commonwealth United Corp., 551 F.2d 887, 893 (2d Cir. 1976); Nycomed U.S. Inc. ...