March v. First Choice Medical PLLC

ADEA Discrimination Claim Dismissed; Cause Must Be Shown on State Law Claims' Dismissal

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MEMORANDUM AND ORDER TO SHOW CAUSE Plaintiff Brenda March brings this action against First Choice Medical PLLC (“First Choice”), Lisa Cohen, and Dr. Lawrence Goldman, MD., alleging age discrimination in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §621 et seq., the New York State Human Rights Law (“NYSHRL”), New York Executive Law §292 et seq., and the Suffolk County Human Rights Law (“SCHRL”), Suffolk County Code §528-7 et seq. (Compl. (Doc. No. 1).) Defendants now move for summary judgment pursuant TO FED. R. CIV. P. 56. For the reasons set forth below, defendants’ motion is granted with respect to the ADEA claim and the parties are directed to show cause in writing why this Court should not dismiss the remaining state claims without prejudice to bringing them in state court. BACKGROUND Factual Background Unless otherwise noted, the following facts are not in dispute. First Choice is a medical office owned by Dr. Lawrence Goldman. (Defendants’ Rule 56.1 Statement of Undisputed Material Facts (“Defs.’ 56.1″) (Doc. No. 63) 1; Plaintiff’s Rule 56.1 Counterstatement of Material Facts (“Pl’s 56.1″) (Doc. No. 72) 1.)¹ Goldman is a medical doctor who specializes in internal medicine. (Defs.’ 56.1 2; Pl.’s 56.1 2.) Goldman “originally bought into First Choice in or around 1966,” when the practice had only one office, located in Holbrook, New York (the “Holbrook office”). (Defs.’ 56.1 3; Pl.’s 56.1 3.) In 1997, First Choice opened a second office in Eastport, New York (the “Eastport office”). (Defs.’ 56.1 4; Pl’s 56.1 4.) In 2001, Goldman bought out the other partners of First Choice and became the sole owner of the practice. (Defs.’ 56.1 5; Pl.’s 56.1 5.) In or about 2002, First Choice opened a third office, located in Riverhead, New York (the “Riverhead office”); this office closed in late 2012. (Defs.’ 56.1

6-7; Pl.’s 56.1

March v. First Choice Medical PLLC

ADEA Discrimination Claim Dismissed; Cause Must Be Shown on State Law Claims' Dismissal

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