Ioele v. City of New York Department of Citywide Administrative Services
- Vernon Broderick
- 1:18-cv-10904
- U.S. District Court · Southern District of New York
- 7
In Anselmo Ioele v. City of New York, Judge Broderick granted the City’s motion to dismiss because Ioele filed his federal disability claim late.
Anselmo Ioele’s ADA and related New York human-rights claims were affected; the City of New York obtained dismissal of the Second Amended Complaint, and the court declined supplemental jurisdiction over the state and city claims.
What happened
Anselmo Ioele, representing himself, alleged that the City of New York failed to provide a reasonable testing accommodation under the Americans with Disabilities Act and New York human-rights laws. He received the federal discrimination agency’s notice of his right to sue on August 20, 2018, and filed his complaint on November 20, 2018.
The court held that the federal disability claim had to be filed within 90 days after receipt of the notice. Because November 18 was a Sunday, the deadline was November 19, but the court treated the complaint as filed when the Clerk received it on November 20, not when Ioele mailed it. The court also found no basis to extend the deadline for extraordinary circumstances.
Judge Vernon S. Broderick granted the City’s motion to dismiss the Second Amended Complaint and declined to exercise supplemental jurisdiction over the New York State and New York City human-rights claims. The court directed the Clerk to close the case.
The detailed version
- Ioele v. City of New York Department of Citywide Administrative Services · No. 1:18-cv-10904
- Vernon Broderick
- Mar. 30, 2020
Background
Anselmo Ioele proceeded without a lawyer and sued the City of New York. His Second Amended Complaint alleged that the City failed to provide a reasonable testing accommodation, violating the Americans with Disabilities Act (ADA), the New York City Human Rights Law, and the New York State Human Rights Law.
Ioele filed a discrimination charge with the Equal Employment Opportunity Commission on December 7, 2015. The agency issued a Notice of Right to Sue dated August 13, 2018, and Ioele alleged that he received it on August 20, 2018. He mailed his complaint to the court on November 19, 2018, and the Clerk received it on November 20, 2018.
Federal ADA Claim
The City moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that the ADA claim was untimely. The court explained that an ADA claim must generally be filed within 90 days after the plaintiff receives the Notice of Right to Sue. Based on Ioele’s alleged receipt date, the filing deadline was November 19, 2018, because November 18 was a Sunday.
The court concluded that the complaint was filed on November 20, when it was delivered to the Clerk, rather than on November 19, when Ioele mailed it. The court noted that the special rule treating a complaint as filed when mailed applies to incarcerated litigants, and the opinion states that Ioele was not incarcerated. His complaint was therefore one day late.
The court also considered equitable tolling, which is a limited doctrine that can extend a filing deadline in extraordinary circumstances. It found that Ioele had not shown reasonable diligence or extraordinary circumstances. The court further noted that he had not explained the delay or opposed the City’s timeliness argument.
New York Claims
After dismissing the federal claims, the court declined to exercise supplemental jurisdiction over the New York State and New York City Human Rights Law claims. Supplemental jurisdiction allows a federal court to hear related state-law claims, but the court may decline to do so after dismissing all claims within its original federal jurisdiction.
Disposition
Judge Vernon S. Broderick granted the City’s motion to dismiss the Second Amended Complaint. The Clerk was directed to terminate the pending motion and close the case. The City was also directed to mail Ioele a copy of the Opinion and Order and file proof of mailing.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.