JOAN M. AZRACK, District Judge.
Before me are objections submitted by plaintiff Cecilia Sanossian, defendant Valley Stream Central High School District (the "District") and defendants John Brennan and Alphonso Daddino, (together, the "the Individual Defendants"), to Magistrate Judge Tomlinson's February 20, 2018 Report and Recommendation ("R&R"). The R&R recommends that the Court: (1) grant the Individual Defendants' motion to dismiss the Complaint in its entirety; (2) grant the District's motion to dismiss plaintiff's Title VII/Section 1983 equal protection hostile work environment claims; (3) grant the District's motion to dismiss the
In reviewing a magistrate judge's report and recommendation, the court must "make a
I have undertaken a de novo review of the record, the R&R, and the instant objections and responses to those objections and I agree with Judge Tomlinson's well-reasoned R&R. I also note the following, which further supports my adoption of the R&R.
With respect to plaintiff's hostile work environment claim, the arguments raised in her objection were not squarely raised, or at best, were merely raised in passing in plaintiff's opposition to the motions to dismiss. Plaintiff's objection appears to be pursuing a new theory to support her claim—that the allegedly false sexual harassment allegations against her were part of a deliberate effort to "paint plaintiff as a sexual predator," which plaintiff claims constituted sex stereotyping. (Pl.'s Objection at 3, 5, ECF No. 42.) Plaintiff never advanced this theory in her briefing on the motions to dismiss, nor did she discuss the content of the allegations made against her or why the allegedly false claims were made because of her gender. A district court may "refuse to consider arguments, case law and/or evidentiary material which could have been, but was not, presented to the [m]agistrate [j]udge in the first instance."
In any event, I do not find persuasive plaintiff's new argument that the complaint plausibly alleges that the purportedly false charges of sexual harassment against plaintiff "were particularly damaging precisely because Plaintiff is a female" and that the content of those charges indicates that those charges were made because of plaintiff's gender.
Plaintiff also objects to the R&R's conclusion that plaintiff failed to state a claim that the District's issuance of the counseling letter and its decision not to hire plaintiff for the Director of Instructional Support position were done in retaliation for her filing the EEOC charge. Plaintiff claims that Judge Tomlinson improperly engaged in fact-finding and concluded that the defendants' arguments concerning the alleged retaliation were more plausible than plaintiff's. Plaintiff misconstrues and mischaracterizes Judge Tomlinson's analysis. Moreover, Judge Tomlinson's analysis amply supports her conclusion that plaintiff has not alleged plausible retaliation claims concerning the counseling letter and the denial of her promotion.
With respect to the counseling letter, I also note that in plaintiff's briefing on the motion to dismiss, plaintiff did not even argue that the counseling letter constituted an adverse action and a discrete retaliation claim. Instead, she claimed only that her teaching schedule and the decision not to hire her as the Director of Instructional Support constituted actionable retaliation. (
With respect to her retaliatory failure to promote claim, plaintiff's objection asserts that the failure to promote her was the "next logical step" after assigning plaintiff her overly burdensome teaching schedule and the fact that plaintiff was assigned such a schedule "strengthens the inference that the subsequent failure to promote was a deliberate action of retaliation intended to `trap' Plaintiff in her position." (Pl.'s Objection at 14.) However, plaintiff alleges no factual basis whatsoever for reaching such a conclusion.
Finally, plaintiff's argument that her complaint alleges a claim for discriminatory failure to promote is meritless. Plaintiff concedes that the allegations she cites to support such a claim were included in the section of the Complaint addressing her retaliation claims and therefore it was not "very clear[]" that plaintiff pled such a claim. (Pl.'s Objections at 15.) Moreover, contrary to plaintiff's assertion, the District moved to dismiss the Complaint "in its entirety," (
Accordingly, I adopt the R&R in its entirety as the opinion of the Court and order that: (1) the Individual Defendants' motion to dismiss the Complaint in its entirety is GRANTED; (2) the District's motion to dismiss the Title VII/Section 1983 equal protection hostile work environment claim is GRANTED; (3) the District's motion to dismiss the