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Randolph v. CIBC World Mkts.

United States District Court for the Southern District of New York

July 24, 2002, Decided ; July 26, 2002, Filed

01 Civ. 11589 (RWS)

Opinion

 [*400] Sweet, D.J.,

Defendant CIBC World Markets ("CIBC") has moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the second and third claims for relief in the complaint of plaintiff Hallie Lamont Randolph ("Randolph") as barred by the one-year statute of limitations applicable to these claims.

For the following reasons, the motion is granted.

Facts

The following facts are undisputed.

Randolph, an African-American male, commenced his employment with CIBC in November of 1986. He was fired from his employment with CIBC on October 31, 2000. He does not complain of any actions taken after this date.

On February 28, 2001, Randolph timely filed a charge of race discrimination with the EEOC. Randolph requested a Right to Sue, which is a prerequisite to commencing any suit in the federal district court pursuant to Title VII, by letter dated August 20, 2001.

The EEOC was [**2]  located at 7 World Trade Center, New York, New York. On September 11, 2001, its offices -- and therefore its files relating to Randolph -- were destroyed in the attacks on the World Trade Center. The office of Randolph's counsel is located two blocks from Ground Zero, and was unable to open for a month after the attacks.

On several occasions in October 2001, Randolph's counsel attempted to contact the EEOC. On November 5, 2001, the EEOC contacted Randolph to determine whether he wanted a Right to Sue. That Right to Sue letter was issued on November 16, 2001 and was received by plaintiff on November 26, 2001.

 [*401]  On December 19, 2001, Randolph filed a complaint alleging (1) discrimination on account of his race and color in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-5 et seq.; (2) intentional infliction of emotional distress under New York common law; and (3) defamation under New York common law.

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219 F. Supp. 2d 399 *; 2002 U.S. Dist. LEXIS 13458 **

HALLIE LAMONT RANDOLPH, Plaintiff, - against - CIBC WORLD MARKETS, Defendant.

Subsequent History: Summary judgment granted by, Complaint dismissed at Randolph v. CIBC World Mkts., 2005 U.S. Dist. LEXIS 4839 (S.D.N.Y., Mar. 29, 2005)

Disposition:  [**1]  Counts II and III of plaintiff's complaint dismissed as untimely.

CORE TERMS

statute of limitations, executive order, emergency, attacks, limitations period, disaster

Governments, Legislation, Statute of Limitations, Time Limitations, Torts, Intentional Torts, Intentional Infliction of Emotional Distress, Defenses, General Overview, Defamation, Defenses, Statute of Limitations, Civil Procedure, Pleadings, Time Limitations, Extension of Time, Extensions & Revivals