Colon v. NYC Department of Corrections

New York Southern District Court
Judge:	Katherine Polk Failla
Case #:	1:16-cv-06425
Nature of Suit	442 Civil Rights - Employment
Cause	42:2000e-2e Job Discrimination (Unlawful Employment Practices)

Case Filed:	Aug 12, 2016
Terminated:	Feb 07, 2018

Docket
Parties (2)

Last checked: Wednesday Feb 08, 2017 4:42 AM EST

Defendant NYC Department of Corrections	Represented By Andrea Mary O'Connor Nyc Law Department, Office Of The Corporation Counsel (nyc) contact info Dimitrios Markos Corporation Counsel Of The City Of New York contact info
Plaintiff Denise Colon 574 Fox Street Apt. 1 Bronx, NY 10455

Docket last updated: 05/16/2025 11:59 PM EDT

Wednesday, February 07, 2018
41		41 order Judgment - Clerk Wed 02/07 1:07 PM CLERK'S JUDGMENT re:40 Memorandum & Opinion in favor of New York City against Denise Colon. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 6, 2018, Defendant's motion to dismiss is GRANTED. Plaintiff's claims under 42 U.S.C. �� 1981 and 1983 are dismissed with prejudice, and her claims under the NYSHRL and the NYCHRL are dismissed without prejudice;accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 02/07/2018)(km) Related: [-]
		Att: 1 Right to Appeal
		misc Transmission to Docket Assistant Clerk Wed 02/07 1:09 PM Transmission to Docket Assistant Clerk. Transmitted re:41 Clerk's Judgment to the Docket Assistant Clerk for case processing. (km) Related: [-]
		misc Mail Order by Certified Mail Wed 02/07 1:29 PM Mailed a copy of41 Clerk's Judgment to Denise Colon, 50 Chadwick Ave, Apt. 2, Newark, NJ 07108. (mhe) Related: [-]
Tuesday, February 06, 2018
40		40 23 pgs order Memorandum & Opinion Tue 02/06 7:02 AM OPINION AND ORDER: re:28 SECOND MOTION to Dismiss . filed by NYC Department of Corrections, New York City. For the foregoing reasons, Defendant's motion to dismiss is GRANTED. Plaintiff's claims under 42 U.S.C. �� 1981 and 1983 are dismissed with prejudice, and her claims under the NYSHRL and the NYCHRL are dismissed without prejudice. The Clerk of Court is directed to terminate all motions, adjourn all remaining dates, and close this case. So Ordered (Signed by Judge Katherine Polk Failla on 2/6/2018) Copies Mailed By Chambers. (js) Related: [-]
		misc Transmission to Judgments and Orders Clerk Tue 02/06 7:03 AM Transmission to Judgments and Orders Clerk. Transmitted re:40 Memorandum & Opinion,,, to the Judgments and Orders Clerk. (js) Related: [-]
Wednesday, September 20, 2017
39		39 respm Reply Memorandum of Law in Support of Motion Wed 09/20 5:32 PM FIRST REPLY MEMORANDUM OF LAW in Support re:28 SECOND MOTION to Dismiss . . Document filed by NYC Department of Corrections, New York City. (Markos, Dimitrios) Related: [-]
Friday, September 15, 2017
38		38 respm Response to Motion Mon 09/18 11:14 AM RESPONSE; to Motion re:28 SECOND MOTION to Dismiss . Document filed by Denise Colon. (sc) Related: [-]
Thursday, September 07, 2017
37		37 order Memo Endorsement ~Util - Set Motion and R&R Deadlines/Hearings Thu 09/07 4:05 PM MEMO ENDORSEMENT on re:35 Letter filed by Denise Colon. ENDORSEMENT: Application GRANTED. Plaintiff is directed to file her opposition to Defendants' motion to dismiss by September 15, 2017. No further extensions will be granted. (Set Deadlines/Hearing as to35 Letter,28 SECOND MOTION to Dismiss: Responses due by 9/15/2017) (Signed by Judge Katherine Polk Failla on 9/7/2017) (jwh) Related: [-]
Tuesday, September 05, 2017
36		36 misc Pro Se Memorandum to Change Address Wed 09/06 10:36 AM PRO SE MEMORANDUM dated 9/5/17 re: CHANGE OF ADDRESS for Denise Colon. New Address: 50 Chadwick Ave., Apt. #2, Newark, New Jersey, 07108. (sc) Related: [-]
35		35 misc Letter Wed 09/06 9:03 AM LETTER from Denise Colon, dated 9/5/17 re: (Extension)- Plaintiff requests that the Court grant an extension to file a response to the motion to dismiss. Document filed by Denise Colon.(sc) Related: [-]
Tuesday, August 15, 2017
34		34 order Order ~Util - Set Deadlines Wed 08/16 10:53 AM ORDER. The Court is in receipt of Plaintiff's August 11, 2017 request to amend her complaint to add additional "senior policy making officials" in opposition to Defendants' motion to dismiss. To the extent the Court construes this letter as a motion to amend under Federal Rule of Civil Procedure 15, Plaintiff's motion is DENIED. Plaintiff is directed to file an opposition to Defendant's motion to dismiss by September 5, 2017, and as further specified and set forth in this Order. So ordered. Related [+] (Signed by Judge Katherine Polk Failla on 8/15/2017) Copies Mailed By Chambers. (rjm) Related: [-] sponses due by 9/5/2017
Friday, August 11, 2017
33		33 misc Letter Mon 08/14 8:06 AM LETTER addressed to Judge Katherine Polk Failla from Denise Colon, dated 8/11/17 re: REQUEST TO AMEND COMPLAINT TO INCLUDE SENIOR POLICY MAKING OFFICIALS. Document filed by Denise Colon.(sc) Related: [-]
Wednesday, May 10, 2017
27		27 order Order on Motion for Leave to File Document Thu 05/11 9:10 AM ORDER denying26 FIRST LETTER MOTION for Leave to File motion to dismiss, in part addressed to Judge Katherine Polk Failla from Dimitrios Markos dated May 8, 2017. Document filed by NYC Department of Corrections, New York City. A second pre-motion conference will not be necessary. Moreover, under Rule 4 of the Court's Individual Rules of Practice in Civil Cases, the filing of this letter stayed Defendant's time to answer or otherwise move with respect to the Amended Complaint. The Court hereby orders the following briefing schedule. Defendant's motion to dismiss and supporting brief are due June 9, 2017; Plaintiff's opposition brief is due July 24, 2017; and Defendant's reply brief is due August 7, 2017. Defendant is reminded to comply with Rule 4.H. of the Court's Individual Rules concerning pro se notices in connection with motions to dismiss. So ordered. (Signed by Judge Katherine Polk Failla on 5/10/2017) Copies Mailed by Chambers. (rjm) Related: [-]
		utility Set/Reset Deadlines Thu 05/11 9:11 AM Set/Reset Deadlines: Motions due by 6/9/2017. Responses due by 7/24/2017. Replies due by 8/7/2017. (rjm) Related: [-]
Monday, May 08, 2017
26		26 motion Leave to File Document Mon 05/08 4:05 PM FIRST LETTER MOTION for Leave to File motion to dismiss, in part addressed to Judge Katherine Polk Failla from Dimitrios Markos dated May 8, 2017. Document filed by NYC Department of Corrections, New York City.(Markos, Dimitrios) Related: [-]
Friday, April 21, 2017
25		25 order Order on Motion for Extension of Time Fri 04/21 11:26 AM ORDER granting24 Letter Motion for Extension of Time. Application GRANTED. Defendant's time to answer or file a motion to dismiss is extended to May 12, 2017; if Defendant files a motion, then Plaintiff's opposition brief is due June 26, 2017, and Defendant's reply brief is due July 10, 2017. In light of Plaintiff's April 10, 2017 Amended Complaint and the prospect of renewed motions practice, the Clerk of Court is directed to terminate the motion at Docket Entry No. 17 and the instant application at Docket Entry No. 24. (Motions due by 5/12/2017.) (Signed by Judge Katherine Polk Failla on 4/21/2017) Copies Mailed By Chambers. (cla) Related: [-]
		utility Set/Reset Deadlines Fri 04/21 11:26 AM Set/Reset Deadlines: New York City answer due 5/12/2017. Responses due by 6/26/2017 Replies due by 7/10/2017. (cla) Related: [-]
Thursday, April 20, 2017
24		24 motion Extension of Time Thu 04/20 5:31 PM FIRST LETTER MOTION for Extension of Time to respond to Amended Complaint addressed to Judge Katherine Polk Failla from Dimitrios Markos dated April 20, 2017. Document filed by NYC Department of Corrections, New York City.(Markos, Dimitrios) Related: [-]
Monday, April 10, 2017
23		23 cmp Amended Complaint Tue 04/11 10:19 AM AMENDED COMPLAINT amending2 Complaint against New York City with JURY DEMAND.Document filed by Denise Colon. Related document:2 Complaint filed by Denise Colon.(sac) Related: [-]
Friday, March 03, 2017
22		22 order Memo Endorsement ~Util - Set Deadlines Mon 03/06 9:20 AM MEMO ENDORSEMENT on re:21 Letter, filed by Denise Colon. ENDORSEMENT: Plaintiffs application does not indicate whether Corporation Counsel consents to this request. In the future, the parties should indicate whether the opposing party consents before bringing an application to the Court; of course, the lack of consent does not necessarily mean that the application would be denied. Here, the Court has confirmed that Corporation Counsel has no objection to the extension. The application is GRANTED. Related [+] (Signed by Judge Katherine Polk Failla on 03/03/2017) Copies Mailed By Chambers. (ap) Related: [-] sponses due by 4/14/2017, Replies due by 4/28/2017.
Thursday, March 02, 2017
21		21 misc Letter Thu 03/02 3:13 PM LETTER addressed to Judge Katherine Polk Failla from Denise Colon, dated 3/2/17 re: Plaintiff requests that the Court grant her a four-week extension from the deadline of 3/13/17 to prepare and file her opposition papers to the Motion to Dismiss. Document filed by Denise Colon.(sc) Related: [-]
Friday, January 27, 2017
20		20 notice Notice (Other) Fri 01/27 11:43 AM NOTICE of 12.1 Notice to Pro Se Litigant re:17 FIRST MOTION to Dismiss .. Document filed by NYC Department of Corrections. (Markos, Dimitrios) Related: [-]
19		19 7 pgs respm Memorandum of Law in Support of Motion Fri 01/27 11:40 AM FIRST MEMORANDUM OF LAW in Support re:17 FIRST MOTION to Dismiss . . Document filed by NYC Department of Corrections. (Markos, Dimitrios) Related: [-]
18		18 2 pgs respm Declaration in Support of Motion Fri 01/27 11:39 AM DECLARATION of Dimitrios Markos in Support re:17 FIRST MOTION to Dismiss .. Document filed by NYC Department of Corrections.(Markos, Dimitrios) Related: [-]
		Att: 1 Exhibit Plainitiff's EEOC Charge
Thursday, January 26, 2017
17		17 4 pgs motion Dismiss Thu 01/26 4:09 PM FIRST MOTION to Dismiss . Document filed by NYC Department of Corrections. Responses due by 3/13/2017(Markos, Dimitrios) Related: [-]
Tuesday, December 20, 2016
16		16 order Order ~Util - Set Deadlines Wed 12/21 7:14 AM ORDER: Pursuant to the joint Initial Pretrial and Pre-Motion Conference held on December 20, 2016, the following briefing schedule is set: Defendant's motion to dismiss and supporting brief are due January 30, 2017; Plaintiff's opposition brief is due March 13, 2017; and Defendant's reply brief is due March 27, 2017. ( Brief due by 1/30/2017., Motions due by 1/30/2017., Responses due by 3/13/2017, Replies due by 3/27/2017.) (Signed by Judge Katherine Polk Failla on 12/20/2016) Copies Mailed by Chambers. (mro) Related: [-]
		minutes Pretrial Conference - Initial Wed 12/28 10:22 AM Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference/Pre-Motion Conference held on 12/20/2016. (Court Reporter Jennifer Thun) (Lopez, Jose) Related: [-]
Monday, December 19, 2016
15		15 order Order on Motion for Conference Mon 12/19 10:31 AM ORDER granting12 Letter Motion for Conference. Defendant's December 15, 2016 application for a pre-motion conference is GRANTED. The Court will hear the parties' respective arguments regarding Defendant's proposed motion at the conference currently set for December 20, 2016, at 2:30 P.M. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. In lieu of a responsive letter, Plaintiff may respond orally to Defendant's arguments at that conference. Pre-Motion Conference set for 12/20/2016 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 12/19/2016) Copies Mailed/E-mailed by Chambers. (mro) Related: [-]
Thursday, December 15, 2016
14		14 misc Pre-Conference Statement Thu 12/15 2:38 PM SECOND PRE-CONFERENCE STATEMENT Civil Case Management Plan . Document filed by NYC Department of Corrections.(Markos, Dimitrios) Related: [-]
13		13 misc Pre-Conference Statement Thu 12/15 2:37 PM FIRST PRE-CONFERENCE STATEMENT Joint Letter . Document filed by NYC Department of Corrections.(Markos, Dimitrios) Related: [-]
12		12 motion Conference Thu 12/15 8:40 AM FIRST LETTER MOTION for Conference pre-motion conference addressed to Judge Katherine Polk Failla from Dimitrios Markos dated 12/15/16. Document filed by NYC Department of Corrections.(Markos, Dimitrios) Related: [-]
Tuesday, November 15, 2016
11		11 misc Letter Tue 11/15 10:03 AM LETTER addressed to Judge Katherine Polk Failla from Denise Colon, dated 11/9/16 re: Plaintiff acknowledges the receipt of the Notice of Appearance and granted Application for Extension in this case; and she lists her new mailing address at 574 Fox Street, Ap. 1, Bronx, New York 10455. Document filed by Denise Colon.(sc) Related: [-]
Wednesday, November 02, 2016
10		10 notice Notice of Appearance Wed 11/02 4:30 PM NOTICE OF APPEARANCE by Dimitrios Markos on behalf of NYC Department of Corrections. (Markos, Dimitrios) Related: [-]
9		9 order Order on Motion for Extension of Time to Answer Wed 11/02 11:10 AM ORDER granting8 Letter Motion for Extension of Time to Answer. Application GRANTED. Defendant shall answer or otherwise respond to the Complaint by December 16, 2016. The Initial Pretrial Conference presently scheduled for November 29, 2016, is hereby ADJOURNED to December 20, 2016, at 2:30 P.M. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. If the telephone number presently listed for Plaintiff on ECF (646-707-4549) is no longer the best number at which to reach her, Plaintiff is directed to send a letter with her updated number to the Court's Pro Se Office. NYC Department of Corrections answer due 12/16/2016. (Signed by Judge Katherine Polk Failla on 11/2/2016) Copies Mailed by Chambers. (mro) Related: [-]
		utility Set/Reset Hearings Wed 11/02 11:11 AM Set/Reset Hearings: Initial Conference set for 12/20/2016 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (mro) Related: [-]
Tuesday, November 01, 2016
8		8 motion Extension of Time to File Answer Tue 11/01 4:41 PM LETTER MOTION for Extension of Time to File Answer re:2 Complaint addressed to Judge Katherine Polk Failla from Andrea O'Connor dated November 1, 2016. Document filed by NYC Department of Corrections.(O'Connor, Andrea) Related: [-]
Monday, October 24, 2016
7		7 service Marshal's Process Receipt and Return of Service Executed Complaints Tue 11/01 11:16 AM MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. NYC Department of Corrections served on 10/12/2016, answer due 11/2/2016. Service was accepted by Evans, Dept. of Corrections Desk Officer. Document filed by Denise Colon. (sc) Related: [-]
Monday, August 29, 2016
		service Summons Issued Mon 08/29 8:59 AM SUMMONS ISSUED as to NYC Department of Corrections. (nb) Related: [-]
		misc FRCP 4 Service Package - Hand Delivered to U.S.M. Mon 08/29 9:00 AM FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 8/29/2016 per the instructions of Judge Katherine Polk Failla. See5 Order of Service. (nb) Related: [-]
		misc FRCP 4 Service Package - Mailed Mon 08/29 9:03 AM FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 8/29/2016 via Regular Mail. The information package included: a copy of the Order of Service, Judge's individual rules, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case files, A Motions Guide, A Notice that the Pro Se Manual has been discontinued, a Notice of Change of Address to use if your contact information changes, a consent to proceed before a Magistrate Judge, and consent to electronic service forms. (nb) Related: [-]
Tuesday, August 23, 2016
6		6 order Order for Initial Pretrial Conference Tue 08/23 12:28 PM NOTICE OF INITIAL PRETRIAL CONFERENCE IN PRO SE ACTION: Initial Conference set for 11/29/2016 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla, and as further set forth in this order. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. (Signed by Judge Katherine Polk Failla on 8/23/2016) (tn) Related: [-]
		misc Transmission to Docket Assistant Clerk Tue 08/23 12:28 PM Transmission to Docket Assistant Clerk. Transmitted re:6 Notice of Initial Pretrial Conference in Pro Se Action, to the Docket Assistant Clerk for case processing. (tn) Related: [-]
		misc Mail Order by Certified Mail Tue 08/23 12:31 PM Mailed a copy of6 Order for Initial Pretrial Conference, to Denise Colon 574 Fox Street Apt. 1 Bronx, NY 10455. (ca) Related: [-]
Friday, August 19, 2016
5		5 order Order of Service Mon 08/22 10:29 AM ORDER: By order dated August 17, 2016, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis. To allow Plaintiff to effect service on Defendant NYC Department of Corrections through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for Defendant. The service address for Defendant is New York City Department of Correction, 75-20 Astoria Blvd., East Elmhurst, NY 11370. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon Defendant. It is Plaintiff's responsibility to ensure that service is made within 90 days of the date the summons is issued and, if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). Plaintiff also must notify the Court in writing if her address changes, and the Court may dismiss the action if she fails to do so. USM-285 Form due by 9/19/2016. Request for Issuance of Summons due by 9/19/2016. (Signed by Judge Katherine Polk Failla on 8/19/2016) Copies Mailed By Chambers. (tn) Related: [-]
		notice Notice of Case Assignment/Reassignment Fri 08/19 11:49 AM NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (wb) Related: [-]
		utility Case Designation Fri 08/19 11:49 AM Magistrate Judge Barbara C. Moses is so designated. (wb) Related: [-]
Wednesday, August 17, 2016
3		3 order Order Granting IFP Application Wed 08/17 11:20 AM ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. � 1915. (Signed by Judge Colleen McMahon on 08/17/2016) The Clerks Office Has Mailed Copies. (ca) Related: [-]
		misc Mail Order by Certified Mail Wed 08/17 11:20 AM Mailed a copy of3 Order Granting IFP Application to Denise Colon 574 Fox Street Apt. 1 Bronx, NY 10455. (ca) Related: [-]
Friday, August 12, 2016
2		2 cmp Complaint Mon 08/15 2:24 PM COMPLAINT against NYC Department of Corrections. Document filed by Denise Colon.(sac) Related: [-]
1		1 misc Request to Proceed In Forma Pauperis Mon 08/15 2:12 PM REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Denise Colon.(sac) Related: [-]
		utility Case Designated ECF Mon 08/15 2:24 PM Case Designated ECF. (sac) Related: [-]

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