In Kennedy v. Lloyd J. Austin III, in his official capacity as Secretary of the Department of Defense, 2023 WL 3931961 (S.D.Ga. June 9, 2023), the court dismissed plaintiff’s employment discrimination complaint for failure to state a claim. This decision is instructive regarding best practices when pleading different theories of recovery (here, disparate treatment and…
Read More “Shotgun” Discrimination Complaint DismissedIn Doe v. Louis Leonelli et al, brought under the New York City Victims of Gender-Motivated Violence Act, NYC Administrative Code § 10-1105, the court denied plaintiff’s (unopposed) motion to proceed pseudonymously. The court stated the applicable black-letter law as follows: Rule 10(a) of the Federal Rules of Civil Procedure provides that the “title of…
Read More Plaintiff May Not Proceed Pseudonymously in Priest Sex Abuse CaseIn Doe v. Gong Xi Fa Cai, Inc. d/b/a Alta Restaurant, 2019 WL 3034793 (SDNY July 10, 2019) – in which plaintiff asserts claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. and other statutes for alleged sexual discrimination and retaliation – the court denied plaintiff’s motion to…
Read More Sexual Harassment Plaintiff May Not Proceed Anonymously, Court Concludes Upon Application of 10-Factor TestIn A.B. v. Hofstra University, 17-cv-5562, 2018 WL 1935986 (E.D.N.Y., April 24, 2018), an employment discrimination/sexual harassment case, the court considered, and rejected, plaintiff’s request to proceed pseudonymously. The court provides us with an overview of the governing legal standard: Fed. R. Civ. P. 10(a) provides that the “title of [a] complaint must name all…
Read More Employment Discrimination Plaintiff May Not Proceed Pseudonymously, Court Holds [A.B. v. Hofstra University]In Michael v. Bloomberg (SDNY 2/11/15) – yes, that is the actual caption – the court rejected plaintiff’s motion for a protective order and to proceed pseudonymously. Plaintiff alleges that Bloomberg engaged in violations of the Fair Labor Standards Act and New York Labor Law by failing to pay proper overtime premiums to workers in its…
Read More Court Rejects FLSA Plaintiff’s Request to Proceed Against Bloomberg Under Pseudonym