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Joseph v. Cnty. of Westchester DCMH

Timely First Federal Action Did Not Suspend Statute of Limitations; Title VII Claim Needed

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OPINION AND ORDER Plaintiff Thomas T. Joseph (“Plaintiff”), proceeding pro se, brings this action against the County of Westchester (the “County”) and Thomas S. Poovappallil (the “Individual Defendant,” and together, “Defendants”) alleging employment discrimination on the basis of his gender. (Doc. 3, “AC.”). Defendants filed a motion to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) on March 29, 2023. (Doc. 34; Doc. 35, “Carey Decl.”; Doc. 36, “Defs. Br.”). Plaintiff, within the deadline set by the Court to file opposition, filed two letters: one dated April 25, 2023 (Doc. 41) and one dated May 15, 2023 (Doc. 42), which the Court construes as Plaintiff’s opposition to the motion. Defendants filed a letter on June 5, 2023 waiving their right of reply and advising the Court they rest solely on their motion papers. (Doc. 43). Plaintiff, in response thereto, filed a letter purporting to be his opposition to the motion to dismiss. (Doc. 44).1 For the reasons set forth below, Defendants’ motion to dismiss is GRANTED. BACKGROUND Plaintiff alleges that he began working at the County Department of Community Mental Health (“DCMH”) in June 2008 and was terminated on February 5, 2018. (AC

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