Case 1:15-cv-00684-FPG Document 26 Filed 01/13/17 Page 1 of 41
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK WILLIE UNDERWOOD, III, Plaintiff, Case # 15-CV-684-FPG v. DECISION AND ORDER ROSWELL PARK CANCER INSTITUTE, JAMES MOHLER individually and as Chair of the Department of Urology, and Does 1-50, Defendants.
INTRODUCTION Plaintiff Willie Underwood, III, M.D. (“Dr. Underwood”) brings this action to remedy alleged racial discrimination and retaliation by his employer, Roswell Park Cancer Institute (“Roswell Park”), his supervisor, James Mohler, M.D. (“Dr. Mohler”), and Does 1-50. In his Amended Complaint, Dr. Underwood seeks relief under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”), the New York State Human Rights Law, N.Y. Exec. Law § 290 et seq. (“NYSHRL”), 42 U.S.C. § 1981 (“section 1981”), 42 U.S.C. § 1983 (“section 1983”), New York Labor Law sections 740 and 741, the common law of contract, and the Federal Health Care Quality Improvement Act, 42 U.S.C. § 11101 et seq. (“HCQIA”). ECF No. 10. Presently before the Court are motions to dismiss filed by Roswell Park and Dr. Mohler pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. ECF Nos. 15, 16. For the reasons stated below, both motions are granted in part and denied in part.