Francis v. New York City Department of Education

Background

The court received the defendants’ letter requesting a conference about two matters: an anticipated partial motion to dismiss under Federal Rule of Civil Procedure 12(c), which concerns judgment based on the pleadings, and a discovery dispute concerning certain medical records. Francis submitted a letter opposing both requests.

Francis’s opposition described claims involving alleged sexual harassment, a hostile work environment, and retaliation. She argued that the federal claims against the New York City Department of Education were timely and that her state and city human-rights claims against individual defendants were legally permissible. She also argued that an alleged 2014 incident could be considered part of a continuing pattern or as background evidence for later claims.

Regarding discovery, Francis stated that she had provided medical authorizations for certain providers but disputed the relevance of records concerning physical injuries from a 2021 car accident. She argued that those physical injuries were separate from the emotional distress alleged in the case.

Court’s Action

The court did not decide whether Francis’s claims were timely, whether the 2014 incident was actionable, whether the proposed motion to dismiss would succeed, or whether the requested medical records were discoverable. Instead, Judge Katherine Polk Failla ordered the parties to appear for a telephone conference on October 7, 2022, at 4:30 p.m., concerning the anticipated dismissal motion and discovery dispute. The court directed the Clerk of Court to terminate the pending motion at docket number 35.

Effect

This order addressed scheduling and case-management matters. It did not grant or deny the anticipated partial motion to dismiss and did not resolve the discovery dispute on the merits.