676 Fed.Appx. 51 (2nd Cir. 2017), 16-839, Offor v. Mercy Medical Center

Docket Nº:16-839
Citation:676 Fed.Appx. 51
Party Name:DR. CHINWE OFFOR, Plaintiff-Appellant, v. MERCY MEDICAL CENTER, ROCKVILLE CENTRE DIVISION, CATHOLIC HEALTH SERVICES OF LONG ISLAND, DR. SWARNA DEVARAJAN, DR. JOHN REILLY, Defendants-Appellees
Attorney:FOR APPELLANT: IKE AGWUEGBO, New York, New York. FOR APPELLEES: CHRISTOPHER G. GEGWICH, Nixon Peabody LLP, Jericho, New York.
Judge Panel:PRESENT: DENNIS JACOBS, ROSEMARY S. POOLER, PETER W. HALL, Circuit Judges.
Case Date:January 20, 2017
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 51

676 Fed.Appx. 51 (2nd Cir. 2017)

DR. CHINWE OFFOR, Plaintiff-Appellant,

v.

MERCY MEDICAL CENTER, ROCKVILLE CENTRE DIVISION, CATHOLIC HEALTH SERVICES OF LONG ISLAND, DR. SWARNA DEVARAJAN, DR. JOHN REILLY, Defendants-Appellees

16-839

United States Court of Appeals, Second Circuit

January 20, 2017

Editorial Note:

This case was not selected for publication in the Federal Reporter and Not to be Cited as Precedent. (See Federal Rule of Appellate Procedure Rule 32.1)

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

Appeal from judgment of the United States District Court for the Eastern District of New York (Spatt, J.).

Offor v. Mercy Med. Ctr., 167 F.Supp.3d 414, (E.D.N.Y., 2016)

FOR APPELLANT: IKE AGWUEGBO, New York, New York.

FOR APPELLEES: CHRISTOPHER G. GEGWICH, Nixon Peabody LLP, Jericho, New York.

PRESENT: DENNIS JACOBS, ROSEMARY S. POOLER, PETER W. HALL, Circuit Judges.

Page 52

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED in part, VACATED in part, and REMANDED in part.

Dr. Chinwe Offor appeals from the judgment of the United States District Court for the Eastern District of New York (Spatt, J.)1 which: 1) dismisses her claim of race and national origin discrimination, her retaliation claim, and claims alleging violation of the Family Medical Leave Act and state law; 2) denies her motion to amend the complaint to plead hostile work environment and violation of the Health Care Quality Improvement Act; 3) grants defendants' motion to seal; and 4) sua sponte strikes portions of her complaint. We assume the parties' familiarity with the underlying facts, the procedural history, and the issues presented for review. For the reasons set out below, we affirm the district court's judgment on all counts except for the dismissal of the FMLA retaliation and state law claims, which we vacate.

Offor is an African-American of Nigerian descent who worked as a neonatologist at Mercy Medical Center. According to the Second Amended Complaint, she suffered a series of negative actions--foremost among them denial of vacation and of " moonlighting" hours--which led her to hire an attorney in November 2012. A month later, Mercy Medical put her on a type of probation called Focused Practitioner Performance Review (" FPPR" ). She alleges that the negative actions continued, that she filed an EEOC...

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