Hafizov v. BDO USA, LLP

Procedural posture

The text consists primarily of a November 11, 2022 letter from Hafizov’s lawyer opposing defendants’ proposed motion to strike certain allegations from the complaint. A motion to strike asks the court to remove material from a pleading. The letter states that defendants had already filed the proposed motion, identified as Dkt. 18, but the text does not include defendants’ filing or the court’s analysis of the requested relief.

Parties’ positions

According to the letter, Hafizov alleges that he was fired in retaliation for protected complaints about discrimination and retaliation. He contends that his claims concern retaliation, rather than discrimination based on Russian heritage.

Hafizov argued that allegations about his observations and complaints, a supervisor’s alleged disparagement of another employee who made complaints, and that employee’s retaliation experience were relevant to showing retaliatory intent. He also argued that allegations about the other employee were relevant even though they arose in separate civil litigation. The letter states that Hafizov and the other employee complained about the same supervisor, worked in BDO’s New York office and the same group, and alleged retaliation after their complaints. These assertions are presented in Hafizov’s opposition letter; the text does not independently resolve their truth.

Court action

The court’s order states that Hafizov would file his response by December 2, 2022, and that defendants could file a reply by December 9, 2022. Judge John P. Cronan signed the order on November 14, 2022. The text does not state that the proposed motion to strike was granted or denied, and it does not decide whether any allegation will remain in the complaint.

Classification basis

This is a procedural order because the court addressed briefing deadlines rather than deciding the underlying employment-retaliation claims or the proposed motion to strike.