Kalia v. City University of New York

Background

The defendants moved to dismiss Ravi Kalia’s claims under Title VII as untimely. The court stated that the dispute might depend partly on when President Boudreau communicated to Kalia that he had been denied a distinguished professorship.

The amended complaint appeared not to state when that communication occurred, although it alleged that in October 2017 President Boudreau told a third party that he was “unable to act on” Kalia’s case for a distinguished professorship. The defendants’ submission to the Equal Employment Opportunity Commission included an August 3, 2017 email from President Boudreau to Kalia stating that Kalia’s application had not progressed beyond the ad hoc committee and that Boudreau would take no further action.

Court’s Action

The court ordered the parties to file supplemental briefs, each no longer than ten pages, by July 17, 2020. The briefs had to address:

1. Whether, and to what extent, the court could consider the August 3, 2017 email when deciding the defendants’ motion to dismiss; and 2. If the court could not consider the email, or could not consider it for its truth, whether the relevant part of the motion should be treated as a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure.

Because the court might convert the relevant part of the motion into a summary-judgment motion, it also required the parties to file materials pertinent to that motion, including any additional evidence, affidavits, or declarations. The parties did not have to file statements of material facts under the Southern District of New York’s Local Rule 56.1.

Disposition

The order required supplemental briefing and supporting materials. It did not grant or deny the defendants’ motion to dismiss, decide whether the Title VII claims were untimely, or rule on whether the email could be considered.