Morren v. New York University

Background

Darwyn M. Morren, proceeding without a lawyer, sued New York University and UCATS Local 3382. His amended complaint asserted claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the Americans with Disabilities Act, the Family and Medical Leave Act, the Labor Management Relations Act, 42 U.S.C. § 1985, the Immigration Reform and Control Act, the New York State Human Rights Law, the New York City Human Rights Law, and New York Civil Rights Law § 79-n. He also asserted claims for breach of contract and negligent infliction of emotional distress.

Both defendants moved to dismiss the amended complaint for failure to state a claim. Magistrate Judge Ona T. Wang recommended granting the motions. Morren objected only on three grounds: that he had not filed a motion to amend his complaint, that he had not received the defendants’ motions, and that UCATS Local 3382 had not processed his grievances.

Court’s analysis

Judge Oetken reviewed the parts of the recommendation to which Morren objected without deference. The court concluded that the recommendation addressed the defendants’ motions to dismiss the amended complaint, not a motion to amend. It also found that the defendants had filed their motions through the court’s electronic filing system and that Morren had agreed to receive court documents electronically.

The court further held that Morren’s claim concerning UCATS Local 3382’s alleged failure to process his grievances was time-barred. The court explained that a claim alleging a union’s breach of its duty to fairly represent a person must be filed within six months after the person knew or should have known about the breach. It found that the claim accrued, at the latest, when Morren filed an unfair-labor-practice charge with the National Labor Relations Board on June 15, 2020. Morren therefore had until December 15, 2020, to sue, but the court found that he did not do so.

Because Morren did not object to the remainder of the recommendation, Judge Oetken reviewed those portions for clear error. He found no clear error and described Magistrate Judge Wang’s report as thorough and well reasoned.

Ruling

Judge Oetken overruled Morren’s objections and adopted Magistrate Judge Wang’s report and recommendation in full. The court granted New York University’s and UCATS Local 3382’s motions to dismiss. The court also granted Morren leave to amend his discrimination claims for hostile work environment and retaliation and his Family and Medical Leave Act claims, provided that he filed a proposed second amended complaint repleading those claims within 30 days after the order.