Cruz v. SEIU Local 32BJ

2 Citing cases

  1. Simon v. Fed. Prison Indus.

    23-cv-5125 (LJL) (S.D.N.Y. Jul. 18, 2024)   Cited 2 times

    [h]owever, a district court still may dismiss a complaint for failure to exhaust administrative remedies if it is clear on the face of the complaint that the plaintiff did not satisfy the PLRA exhaustion requirement.”) Cruz v. Seiu Local 32BJ, 2021 WL 3604661, at *3 (S.D.N.Y. Aug. 12, 2021) (Title VII claims can be dismissed if “a failure to exhaust administrative remedies is apparent from the face of the complaint.”);

  2. Cruz v. SEIU Local 32BJ

    19 Civ. 11836 (S.D.N.Y. Sep. 21, 2022)

    In its moving papers, the Union also argues that summary judgment is appropriate on Cruz's NYSHRL and NYCHRL claims because those claims are preempted by Section 301(a) of the Labor Management Relations Act of 1947 (“Section 301”). The Court declines to address on the merits Defendants' untimely motion to reconsider the August 12, 2021, Opinion and Order which concluded that Cruz's NYCHRL and NYSHRL are not preempted by Section 301 “because the resolution of those claims does not depend upon the meaning of the CBA.” Cruz v. SEIU Local 32BJ, No. 19 Civ. 11836, 2021 WL 3604661, at *5 (S.D.N.Y. Aug. 12, 2021).