Danielle Esposito v. Erie County Medical Center

Summary

The United States District Court for the Western District of New York adopted a magistrate judge’s Report and Recommendation in Danielle Esposito’s Title VII and New York Human Rights Law retaliation action against Erie County Medical Center. The court denied the defendant’s motion to dismiss, granted the plaintiff’s cross-motion for leave to amend, and referred the case back to the magistrate judge for further proceedings.

Holdings

1. A district court must conduct de novo review of the portions of a magistrate judge's recommendation to which a party objects, and it need not review portions to which no objection is made.
2. The motion to dismiss is denied, consistent with the magistrate judge's Report and Recommendation.
3. Plaintiff is granted leave to amend her complaint.

Questions Presented

1. Whether the district court should accept the magistrate judge's recommendation to deny Defendant's motion to dismiss Plaintiff's Title VII and New York Human Rights Law retaliation claims.
2. Whether the district court should grant Plaintiff leave to amend her complaint.

Disposition

other