§Why CasetextPricing

Dingle v. Bimbo Bakeries USA

MEMORANDUM in Support re MOTION to Dismiss Complaint

19 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Patane v. Clark

    508 F.3d 106 (2d Cir. 2007)   Cited 1,615 times   3 Legal Analyses
    Holding plaintiff adequately pleaded Title VII retaliation because she "allege[d] that she specifically overheard [defendant's employees] conspiring to drive her out of her job and that [one employee] issued a negative performance review that specifically complain[ed] about her attitude towards [him]," and therefore her allegation of causal connection was "not based only—or even primarily—on temporal proximity"

  3. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 2,015 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

  4. Ricciuti v. N.Y.C. Transit Authority

    941 F.2d 119 (2d Cir. 1991)   Cited 1,199 times
    Holding “a dozen or more instances of alleged, conceded, or adjudicated improper arrests” over fourteen-year-period, including nine instances in the five years leading up to plaintiff's contested arrest, sufficient to withstand motion to dismiss

  5. Bernheim v. Litt

    79 F.3d 318 (2d Cir. 1996)   Cited 880 times   1 Legal Analyses
    Holding that the "issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims"

  6. Milanese v. Rust-Oleum Corp.

    244 F.3d 104 (2d Cir. 2001)   Cited 576 times
    Holding that when motion to amend is brought in response to motion for summary judgment, the amendment is futile if summary judgment is inevitable

  7. Dawson v. Bumble Bumble

    398 F.3d 211 (2d Cir. 2005)   Cited 326 times   10 Legal Analyses
    Holding that plaintiff could not "base a claim of sexual orientation discrimination on [coworkers'] alleged comments" without evidence that supervisor consulted coworkers regarding termination decision

  8. Nussenzweig v. Philip-Lorca

    2007 N.Y. Slip Op. 8783 (N.Y. 2007)   Cited 53 times

    No. 155. Argued October 10, 2007. Decided November 15, 2007. APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered March 20, 2007. The Appellate Division affirmed an order of the Supreme Court, New York County (Judith J. Gische, J.; op 11 Misc 3d 1051 [A], 2006 NY Slip Op 50171 [U]) insofar as it had granted defendants' motions for summary judgment dismissing the complaint. The following question was certified by

  9. Duckett v. Wal-Mart Stores, Inc.

    07-CV-6204 (W.D.N.Y. Apr. 14, 2009)   Cited 13 times
    Noting that "when analyzing a pretext claim the inquiry is whether the employer's stated reason is the actual reason for the challenged action and not whether the employer's stated reason for its decision is ill-advised, mistaken, or unreasonable," and granting summary judgment where defendant claimed that it terminated plaintiff due to her unauthorized use of a discount, a claim plaintiff disputed

  10. CRAIG v. FIRST WEB BILL, INC.

    Civil Action No. 04-CV-1012 (DGT) (E.D.N.Y. Nov. 29, 2004)   Cited 10 times

    Civil Action No. 04-CV-1012 (DGT). November 29, 2004 MEMORANDUM AND ORDER DAVID TRAGER, District Judge Pro se plaintiff Daniel Craig commenced this action by forwarding to defendants First Web Bill, Inc. ("First Web"), Richard S. Cornejo ("Cornejo"), and Profidor AS ("Profidor"), or their agents, a document entitled "Summons and Complaint," that was styled as having been filed in the Supreme Court of the State of New York, County of Richmond. The document, encompassing a complaint, but containing

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1915 - Proceedings in forma pauperis

    28 U.S.C. § 1915   Cited 297,219 times   38 Legal Analyses
    Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,129 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  15. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,058 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion