For the reasons that follow, defendants' motion to dismiss is denied. Plaintiff failed to file an opposition to defendants' motion. at 1-4.) On January 18, 2007, defendants filed a motion to dismiss the complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). ยงยง 2000e to 2000e-17, for race discrimination, a hostile work environment, and retaliation. (improperly pled as "Richard Ladevaro, Jr.") (hereinafter "defendants"), for violations of Title VII of the Civil Rights Act of 1964, as codified by 42 U.S.C. Pro se plaintiff Dave Hanson filed the complaint in this action on November 20, 2006, against his former employer, Nassau County Department of Public Works, and Richard Iadevaro, Jr. Thus, defendants will have a full opportunity to raise these arguments should defendants move for summary judgment at the conclusion of discovery. Thus, although defendants may believe that there is a lack of evidence to support plaintiff's claims of discrimination and retaliation, "his simplified notice pleading standard relies on liberal discovery rules and summary judgment motions to define disputed facts and issues and to dispose of unmeritorious claims." Swierkiewicz, 534 U.S. 2004) (stating that the movant's failure to argue a lack of notice was evidence that sufficient notice was given through the pleadings). Simmons, 49 F.3d at 87 (holding that a movant's failure to argue non-compliance with Rule 8 was evidence that the plaintiff's complaint contained sufficient notice) see also Wynder v. The fact that defendants were able to argue the merits of plaintiff's claims is evidence that defendants have sufficient notice, and that plaintiff's complaint achieves the ends the Second Circuit described in Simmons. Instead, defendants argue the merits of plaintiff's claims. Defendants do not argue that plaintiff failed to give sufficient notice of his claim against defendants.As stated supra, plaintiff has satisfied the notice pleading requirements of Rule 8. 1996), that defendant Nassau County of Public Works provided a reasonable avenue for the complaint and that it took appropriate action, is more properly made on a motion for summary judgment. ![]() at 9.) More specifically, defendants argument under Briones v. Defendants assertion that plaintiff cannot succeed on a hostile work environment claim against the County is similarly unavailing at this stage in the proceedings.
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