Obergh v. Building Maintenance Services LLC

Background

Mayra Obergh and Ivonne Brito, proceeding without lawyers, filed claims against Building Maintenance Services LLC, Ethical Culture Fieldston School, Noel Soriano, Sedat Osmanovic, and Jorge “Doe.” They asserted claims under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The plaintiffs later voluntarily dismissed their claims against Soriano, Osmanovic, and Jorge “Doe.”

Building Maintenance Services LLC and Ethical Culture Fieldston School moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that the complaint failed to state a claim, and under Rule 12(b)(1), arguing that the court lacked subject-matter jurisdiction. The court referred the case to Magistrate Judge Cott, who recommended dismissing Brito’s Title VII claim with prejudice, dismissing her New York City Human Rights Law claim without prejudice, and dismissing Obergh’s claims without prejudice while allowing her to amend.

Court’s ruling

No party objected to the report and recommendation. Judge Caproni reviewed it for clear error and found none, then adopted it in full. The court granted the defendants’ motion to dismiss Brito’s claims with prejudice as to her Title VII claim and without prejudice as to her New York City Human Rights Law claim. The court also granted the defendants’ motion to dismiss Obergh’s claims without prejudice and gave Obergh permission to file an amended complaint by September 16, 2022.

The Clerk of Court was directed to terminate Brito as a plaintiff and close the pending motion. The court further ruled that the parties’ failure to object precluded appellate review. It certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.