Carris v. First Student, Inc. (132 F. Supp. 3d 321, 2015)

United States District Court for the Northern District of New York 2015-09-18

Labor

Citations

Full opinion text

DECISION and ORDER

GLENN T. SUDDABY, Chief Judge.

Currently before the Court, in this pro se employment discrimination action filed by Margo Carris (“Plaintiff’) against First Student, Inc. (“Defendant”) are the following motions: (1) Plaintiffs motion for leave to file and serve an Amended Complaint pursuant to Fed.R.Civ.P. 15(a)(2) (Dkt. No. 25); and (2) Defendant’s cross-motion to dismiss the action for lack of subject matter-jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6) (Dkt. No. 31.) For the reasons set forth below, Plaintiffs motion is denied, ‘ and Defendant’s cross-motion is granted.

TABLE OF CONTENTS

I.RELEVANT BACKGROUND. CO CO cn

A. Plaintiffs Complaint. CO CO cn

B. Plaintiffs Proposed Amended Complaint. CO CO 05

C. Parties’ Briefing on Plaintiffs Motion to Amend Her Complaint and Defendant’s Cross-Motion to Dismiss Plaintiffs Complaint. CO CO -a

1. Plaintiffs Motion to Amend Her Complaint. CO CO CO

1. Timeliness of Plaintiffs Hybrid LMRA § 301 Claim. l> CO

2. Timeliness of Plaintiffs Duty of Fair Representation Claim Under Title VII Against Local 182. 05 CO

3. Plaintiffs Breach-of-Contract Claim Based Upon First Student’s National Employee Handbook. CO ZO

Whether Plaintiff Has Alleged Facts Plausibly Suggesting that Defendant and/or Local 182 Are State Actors or Private Parties Acting Under Color of State Law. CO Cn o O

Whether Plaintiff Has Alleged Facts Plausibly Suggesting a Deprivation of Her Civil Rights by SCSD and the Proposed Defendants Employed by SCSD . CO oi co Q

1. First Amendment. CO oí co

2. Fifth Amendment. CO en rfx

3. Ninth Amendment. CO en cn

4. Thirteenth Amendment. CO en en

5. Fourteenth Amendment. CO en 05

6. Municipal Liability Under 42 U.S.C. § 1981. CO en <3

7. Individual Liability of the Proposed SCSD Defendants Under 42 U.S.C. § 1981. co or 00

8. 42 U.S.C. §§ 1983,1985(2)-(3), and 1986 . co 05 O

Whether Plaintiff Has Alleged Facts Plausibly Suggesting that Defendant, Local 182, and the Remaining Proposed Defendants Not Acting Under Color of State Law, Conspired to Violate Her Civil Rights Under § 1985(3). CO 05 h-*

Whether Plaintiffs Proposed Claim Under § 1982 Is Futile . CO 05 DO

Whether Plaintiffs Proposed Claim Under § 1988 Is Futile . CO 05 CO

Whether Plaintiffs Discrimination Claim Under the New York State Human Rights Law, as Alleged in the Original Complaint, Is Barred by the Election-of-Remedies Provision. CO CO CO

Whether Plaintiffs Cause of Action Under 42 U.S.C. § 1981 Against the Individual for Is Futile CO 05

Whether Plaintiff Has Alleged Facts Plausibly Suggesting a Violation of Her Rights Under Title VII. CO 05 cn

1. Individuals Defendants. CO 05 or

2. Requirements to State a Prima Facie Claim Under Title VII , CO 05 cn

3. Proposed Title VII Claim Against the Proposed Defendants in Plaintiffs PAC. CO 05 05

4. Title VII Claim Against First Student in Plaintiffs Original Complaint.366

IV. CONCLUSION. .368

I. RELEVANT BACKGROUND

A. Plaintiffs Complaint

Generally, liberally construed, Plaintiffs Complaint alleges as follows. (Dkt. No. 1.) On October 10, 2012, Plaintiff, an African-American, was employed by Defendant as a school bus driver when she was transporting students from school to their homes located on the northeast side of Syracuse, New York. (Id., ¶ 11.) During Plaintiffs bus route, a male student on the bus began “kicking, punching, slapping, and spitting” on younger students. (Id.) Plaintiff issued several verbal warnings to the male student and stated that she would write a behavior referral, to which the student responded that he “d[idn’t] care.” (Id.) When the bus reached its first stop, the mother of a female student stepped onto the bus and “began to confront and threaten the male student by name.” (Id.) Plaintiff instructed the parent that she could not be on the bus and advised that she would write a referral regarding the student’s behavior and it would be taken care of through First Student. (Id.) The parent informed Plaintiff that she had reported the male student to the School District of Syracuse once before and no action had been taken to remedy the situation. (Id.) Plaintiff continued her bus route until her last stop, when the male student exited the bus. (Id.) As the male student exited, Plaintiff realized that he was a playmate of her two grandsons. (Id.)

After finishing her routes, Plaintiff returned to the bus garage and requested a referral form before leaving work. (Id., ¶ 12.) However, Plaintiff also decided to go the male student’s house to discuss his behavior with his guardian(s). (Id.) Once there, Plaintiff spoke with a young woman who answered the door. (Id.) Because the male student’s grandmother was not home, Plaintiff explained what had occurred on the bus to the young woman and requested that the young woman share the information with the student’s grandmother when she returned. (Id.)

The next day, Plaintiff was on a bus route when she was contacted by dispatch, which informed her to discontinue her route and that she was being placed on administrative leave due to the events that had transpired the previous day. (Id., ¶ 13.) Plaintiff was later informed by Defendant’s assistant manager that the grandmother of the male student had contacted the Syracuse City School District (“SCSD”) and complained that Plaintiff had come to her house with another student’s parent and confronted her about her grandson’s behavior. (Id.) Plaintiff alleges that, on October 15, 2012, she was terminated from her employment with First Student for going to the male student’s house with another person and disclosing personal and/or confidential information about the student. (Id.) Finally, Plaintiff describes three cases of employee misconduct involving white bus drivers employed by First Student, which resulted in employee discipline but not termination. (Id., ¶ 14-16.)

Based upon the foregoing, Plaintiff asserts two claims: (1) a claim that she was treated in a disparate manner and subjected to racially based discriminatory employment practices by her employers, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; and (2) a claim that she was treated in a disparate manner and subjected to racially based discriminatory employment practices by her employers, in violation of N.Y. Executive Law § 296. {Id., ¶ 1.)

B. Plaintiffs Proposed Amended Complaint

With certain exceptions, the factual allegations contained in Plaintiffs proposed Amended Complaint (“PAC”) are substantially identical to those in her original Complaint. Therefore, for purposes of brevity, the Court will not restate those allegations here. However, Plaintiff seeks to add numerous parties to this action, including the following three employees of SCSD: (1) Sharon Contreas, Superintendent; (2) Haine Aliea, Chief Operating Officer; and (3) Patricia Bailey, Director of Transportation. (Dkt. No. 26, at 3 [PL’s Am. Compl.].) In addition, Plaintiff seeks to include the following seven employees of First Student: (1) “John/Jane Doe,” C.E.O./President; (2) Frank Luciano, Regional Vice President; (3) Matt Conti, General Manager; (4) Ty Worrell, Manager; (5) Lynea Lemke, Assistant Location Manager; (6) Jimmy James, Bus Attendant Supervisor Monitor; and (7) “John/ Jane Doe,” Investigator. {Id.) Finally, Plaintiff seeks also to include James La-Grange, Vice President of Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union No. 182 (“Union” or “Local 182”), and Gary Kirck, Steward of Local 182, as defendants in this lawsuit. {Id.)

Plaintiff sets forth several new claims in her PAC, alleging that the current Defendant, and the twelve proposed defendants, violated the following: (1) Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; (2) NY. Executive Law § 296; (3) 42 U.S.C. §§ 1981, 1982, 1983, 1985(2)(3), 1986, and 1988; (6) Title I of the Labor Management Reporting and Disclosure Act (“LMRDA”); (7) 29 U.S.C. §§ 411-416; and (8) the First, Fifth, Ninth, Thirteenth, and Fourteenth Amendments to the U.S. Constitution. (Dkt. No. 26, at 1, 4-14.) Plaintiff also sets forth claims, under New York State law, for fraud and breach of contract in her PAC. {Id.)

Plaintiffs claims under the Civil Rights Act, N.Y. Executive Law § 296, 42 U.S.C. §§ 1981, 1982, 1983, and First, Fifth, Ninth, and Thirteenth Amendments of the U.S. Constitution relate to the allegations of racial discrimination in employment practices and disparate treatment, as discussed previously. {Id., ¶ 1, 42.) With respect to Plaintiffs claims under 42 U.S.C. §§ 1985 and 1986, she alleges that Defendant, and the proposed defendants, acted in concert and conspired to terminate her employment by making material misrepresentations and depriving her of evidence and information that she allegedly needed to adequately defend herself at two grievance hearings. {Id., 8,17,19, 27.)

Regarding Plaintiffs LMRDA, 29 U.S.C. §§ 411-415, and breach-of-contract claims, she alleges that Defendant and the proposed defendants violated the Collective Bargaining Agreement (“CBA”) between First Student and/or SCSD and her Union by failing to enforce its non-discrimination provision and certain rights allegedly guaranteed to her in First Student’s National Employee’s Handbook. {Id., ¶ 4, 6, 18.) Moreover, Plaintiff alleges that Local 182 and/or First Student violated her rights under the CBA, and their duty of fair representation, by refusing to represent her at her grievance hearings. {Id., ¶ 12, 42.)

Finally, with respect to Plaintiffs fraud claim, she alleges that the letters she received from Jimmie James and SCSD, and the termination letter from First Student are “false, fraudulent and highly misleading” because they mistakenly identify her as the person who threatened the student’s grandmother. {Id., ¶¶ 21, 25, 27, 29, 39.) According to Plaintiff, the proposed defendants knew that she was not the one who had threatened the student’s grandmother; rather, it was the mother of another student that had visited the home on the same day and made threatening statements. (Id., ¶¶ 25, 27-30, 35, 39.) Finally, Plaintiff alleges that this misrepresentation was racially motivated and led to her termination. (Id., ¶¶ 31, 38-39.)

Familiarity with the factual allegations supporting these claims in Plaintiffs PAC is assumed in this Decision and Order, which is intended primarily for review by the parties.

C. Parties’ Briefing on Plaintiffs Motion to Amend Her Complaint and Defendant’s Cross-Motion to Dismiss Plaintiffs Complaint

1. Plaintiffs Motion to Amend Her Complaint

On February 2, 2014, United States Magistrate Judge Andrew T. Baxter issued a Uniform Pretrial Scheduling Order that, inter alia, stated that “[a]ny application to amend any pleading in this action shall be made on or before March 14, 2014.” (Dkt. No. 21, at 1.) On March 14, 2014, Magistrate Judge Baxter granted Plaintiffs request for an extension of the deadline for her motion to amend her Complaint, extending that deadline from March 14, 2014, to April 4, 2014. (Text Order filed March 14, 2014.)

On March 9, 2014 — five days after the motion-filing deadline — Plaintiff filed her motion. (Dkt. No. 25.) However, rather than containing a memorandum of law explaining why the Court should grant her leave to amend her Complaint pursuant to Fed.R.Civ.P. 15(a)(2), Plaintiffs motion contains an explanation of why the Court should excuse her five-day delay in filing her motion. (Id.) In addition, Plaintiff filed her proposed Amended Complaint. (Dkt. No. 26.)

Clearly, Plaintiff has misunderstood the need to file a motion to amend, rather than merely an amended complaint, under the circumstances. However, setting aside the fact that Plaintiff received adequate notice of the need to file a motion (e.g., through the Uniform Pretrial Scheduling Order she clearly received, and the courtesy copy of both the District’s Local Rules of Practice and Pro Se Handbook she received on August 5, 2014), Plaintiffs pro se status does not relieve her of the obligation to comply with the Federal Rules of Civil Procedure.

2. Defendant’s Memorandum of Law in Opposition to Plaintiffs Motion and in Support of Its Own Cross-Motion

Generally, in its memorandum of law, Defendant argues that Plaintiff has failed to state a claim upon which relief can be granted regarding her claims in the original Complaint and that Plaintiffs request to amend her Complaint should be denied because her proposed amendments are futile. (Dkt. No. 31, Attach. 1, at 4-14 [Def.’s Mem. of Law].) First, with respect to Plaintiffs original Complaint, Defendant argues that Plaintiffs claim, brought under N.Y. Executive Law § 296 and Article 15 of the N.Y. Human Rights Law (“HRL”), should be dismissed due to a lack of subject-matter jurisdiction. (Id. at 12-13.) Specifically, Defendant argues that the HRL contains an election-of-remedies provision that bars Plaintiffs suit in federal court where, as here, she previously filed a complaint with the N.Y. State Division of Human Rights alleging the same discriminatory conduct by Defendant. (Id.) Defendant argues that, because the Division issued a no-probable-cause determination, Plaintiffs claim under the HRL should be dismissed in its entirety. (Id.) Second, with respect to Plaintiffs Title VII Claims, Defendant argues that she cannot establish pretext because she admits in her Complaint that she engaged in the conduct for which she was terminated, i.e., going to the home of a student on her bus route while off-duty. (Id. at 13-14.)

Regarding Plaintiffs PAC, Defendant argues that Plaintiffs amendments are futile. First, Defendant argues that Plaintiff cannot state a claim for fraud for the following reasons: (1) the letter authored by Jimmie James states that “the mother of the child,” not Plaintiff, was the one who visited the student’s home and made threatening statements; (2) the alleged fraudulent statements do not set forth material misrepresentations because any inaccuracies contained in the letter were stated by the grandmother and summarized by Mr. James; (3) Plaintiff does not allege facts plausibly suggesting that fraudulent statements were made by First Student with knowledge of their falsity or with intent to defraud; and (4) Plaintiff does not allege facts plausibly suggesting reasonable reliance on her own part that resulted in damages to her. (Id. at 4-5.)

Second, Defendant argues that Plaintiffs breach-of-contract claim is time-barred because any breach of the CBA, as against First Student, is a hybrid Labor Management Relations Act, Section 301/ duty of fair representation claim, and is therefore governed by a six-month statute of limitations period. (Id. at 5.) Defendant argues that, because the grievance filed by Plaintiff with Local 182 was denied on October 24, 2012, Plaintiff knew, or should have known, of any alleged violation of the CBA on that date and her breach of contract claim against First Student is now time-barred. (Id. at 6.) Defendant also notes that any breach-of-contract claim based upon the Employee Handbook also fails because the handbook does not contain a promise of employment for any length of time and provides that First Student can skip steps in progressive discipline and immediately terminate an employee. (Id. at 6, n. 4.)

Third, Defendant argues that Plaintiffs § 1983 and attendant constitutional claims fail for the following reasons: (1) the First Student defendants are not state actors, nor were they acting under color of state law when Plaintiffs employment was terminated; (2) the Ninth Amendment does not provide independent constitutional protection that can support a § 1983 claim; and (3) the First, Fifth, and Fourteenth Amendments confer jurisdiction only when “state action” is involved. (Id. at 6-8.)

Fourth, Defendant argues that Plaintiffs §§ 1985 and 1986 claims fail for the following reasons: (1) Plaintiff fails to allege facts plausibly suggesting an overt act by Defendant, or a “meeting of the minds,” which is required to support the conspiracy element of a § 1985 claim; (2) the fact that First Student, Local 182, and the SCSD were in contact regarding Plaintiffs employment status with First Student is insufficient to support a conspiracy claim under § 1985; (3) Section 1986 is a derivative claim of § 1985 and, because Plaintiff has not set forth sufficient allegations of a conspiracy against Defendant, she also fails to set forth a claim under § 1986; and (4) Plaintiff fails to identify any individual with the power to intervene or stop the conspiratorial conduct who is subject to liability under § 1986. (Id. at 8-10.)

Fifth, Defendant argues that Plaintiffs Thirteenth Amendment claim fails to state a claim for the following two reasons: (1) Plaintiff has not alleged facts plausibly suggesting that First Student forced her into servitude through the use, or threatened use, of physical or legal coercion; and (2) Plaintiff has not alleged facts plausibly suggesting that she was forced into compulsory labor. (Id. at 10-11.)

Sixth, Defendant argues that Plaintiffs § 1988 claim must fail because § 1982 prohibits private racial discrimination in the sale or rental of real or personal property, and it is well established that employment claims do not fall within this area because they do not implicate a protected property interest within the meaning of the statute. (Id. at 11-12.) According to Defendant, because Plaintiff has not alleged facts plausibly suggesting a protected property interest, Plaintiff has not stated a claim under § 1982. (Id.)

Seventh, Defendant argues that Plaintiffs § 1988 claim must fail for the following two reasons: (1) § 1988 does not create an independent cause of action, nor does it create rights or confer jurisdiction; and (2) Plaintiff has failed to show that available federal statutes are inadequate to furnish suitable remedies, which would require the application of state law. (Id. at 12.)

Eighth, and finally, Defendant argues that a Title VII claim must fail as against proposed defendants Frank Luciano, Matt Conti, Ty Worrell, and Lynea Lemke because Title VII does not provide for individual liability. (Id.)

3. Plaintiffs Opposition Memorandum of Law in Opposition to Defendant’s Cross-Motion and in Reply Regarding Her Own Motion

Generally, in opposition to Defendant’s cross-motion and in reply to Defendant’s opposition to her own motion, Plaintiff makes the following arguments. First, Plaintiff argues that the factual allegations contained in her original Complaint (and the exhibits attached thereto) are sufficient to state a claim upon which relief can be granted under Fed.R.Civ.P. 9(b). (Dkt. No. 33, at 4-6 [Pl.’s Opp’n Mem. of Law].) Second, Plaintiff argues that her original Complaint, PAC, and exhibits attached thereto demonstrate that no genuine issue of material fact exists, and that, because Defendant has failed to submit evidence in the form of an affidavit to refute her allegations, she is entitled to judgment as a matter of law. (Id. at 6.) Moreover, Plaintiff argues that, because the evidence submitted by Defendant is nothing more than “merely colorable” and is not significantly probative, it is insufficient to raise a genuine issue of material fact. (Id. at 10-11.)

Third, Plaintiff argues that she has not alleged class-based discrimination under the Equal Protection Clause of the Fourteenth Amendment; rather, she alleges she has been singled out as a “class-of-one” by Defendant and the proposed defendants. (Id.) Furthermore, Plaintiff argues that she has demonstrated Defendant’s disparate treatment through the factual allegations discussed previously and that such conduct cannot withstand a rational basis level of scrutiny under the Equal Protection Clause. (Id. at 7.) In addition, Plaintiff argues that claims under 42 U.S.C. §§ 1981 and 1985 extend to private actors. (Id.)

Fourth, Plaintiff argues that her claims under 42 U.S.C. § 1983 are not futile for the following reasons: (1) § 1983 extends to individuals who were personally involved in the alleged deprivation of rights; (2) employers can be held vicariously liable for the tortuous conduct of their employees; and (3) municipalities, including school districts, are considered “persons” within the meaning of § 1983. (Id. at 8.) Plaintiff argues that she has sufficiently pled a claim under § 1983 because she has alleged that Defendant and the proposed defendants unlawfully terminated her based upon official policy. (Id.) Moreover, Plaintiff argues that she has sufficiently alleged that SCSD is liable under a theory of negligent supervision and/or failure to train (Id. at 8-9.)

Fifth, and finally, Plaintiff argues that her claims, based upon Defendant’s alleged conspiratorial conduct, are not futile because she has sufficiently pled that Defendant’s fraudulent conduct constitutes an overt-act, that a conspiracy existed, that the conspiracy was motivated by racially based discrimination, and that she suffered unlawful harm as a result of that conspiracy. (Id. at 9-10.) Similarly, Plaintiff argues that Defendant should be equitably estopped from raising a statute-of-limitations defense because Defendant should not be allowed to take advantage of its own wrongdoing and concealment. (Id. at 10.)

II. RELEVANT LEGAL STANDARDS

A. Legal Standard Governing Motions for Leave to Amend

A motion for leave to amend a complaint is governed by Fed.R.Civ.P. 15, which states that leave to amend should be freely given “when justice so requires.” Fed.R.Civ.P. 15(a)(2); Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962); Manson v. Stacescu, 11 F.3d 1127, 1133 (2d Cir.1993). Pursuant to Fed. R.Ciy.P. 15(a)(2), leave to amend a complaint should be freely given in the absence of any apparent or declared reason to not grant leave to amend, such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, or futility of the amendment. See Foman, 371 U.S. at 182, 83 S.Ct. 227; S.S. Silberblatt, Inc. v. E. Harlem Pilot Block-Bldg. 1 Hous., 608 F.2d 28, 42 (2d Cir.1979); Meyer v. First Franklin Loan Servs., Inc., 08-CV-1332, 2010 WL 277090, at *1 (N.D.N.Y. Jan. 19, 2010); Jones v. McMahon, 98-CV-0374, 2007 WL 2027910, at *10 (N.D.N.Y. July 11, 2007).

“An amendment to a pleading is futile if the proposed claim could not withstand a motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(6).” Annunziato v. Collecto, Inc., 293 F.R.D. 329, 333 (E.D.N.Y.2013) (citing Lucente v. Int’l Bus. Machs. Corp., 310 F.3d 243, 258 [2d Cir.2002]). Therefore a proposed amendment is not futile if it states a claim upon which relief can be granted. See Annunziato, 293 F.R.D. at 333 (citations omitted). As the Second Circuit has explained, “[w]here it appears that granting leave to amend is unlikely to be productive, ... it is not an abuse of discretion to deny leave to amend.” Ruffolo v. Oppenheimer & Co., 987 F.2d 129, 131 (2d Cir.1993) (citations omitted); accord, Brown v. Peters, 95-CV-1641, 1997 WL 599355, at *1 (N.D.N.Y. Sept. 22, 1997) (Pooler, J.) (“[T]he court need not grant leave to amend where it appears that amendment would prove to be unproductive or futile.”) (citation omitted); see also Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962) (denial not abuse of discretion where amendment would be futile); Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir.2000) (“The problem with Cuoco’s causes of action is substantive; better pleading will not cure it. Repleading would thus be futile. Such a futile request to replead should be denied.”) (citation omitted); Cortec Indus., Inc. v. Sum Holding L.P., 949 F.2d 42, 48 (2d Cir.1991) (“Of course, where a plaintiff is unable to allege any fact sufficient to support its claim, a complaint should be dismissed with prejudice.”) . (citation omitted); Health-Chem Corp. v. Baker, 915 F.2d 805, 810 (2d Cir.1990) (“[Wjhere ... there is no merit in the proposed amendments, leave to amend should be denied”).

This rule applies even to pro se plaintiffs. See, e.g., Cuoco, 222 F.3d at 103; Brown, 1997 WL 599355 at *1. As explained below in Part II.B. of this Decision and Order, while the special leniency afforded to pro se civil rights litigants somewhat loosens the procedural rules governing the form of pleadings (as the Second Circuit has observed), it does not completely relieve a pro se plaintiff of the duty to satisfy the pleading standards set forth in Fed.R.Civ.P. 8, 10 and 12; rather, as both the Supreme Court and Second Circuit have repeatedly recognized, the requirements set forth in Fed.R.Civ.P. 8, 10 and 12 are procedural rules that even pro se civil rights plaintiffs must follow.

B. Legal Standard Governing Dismissal for Failure to State Claim

It has long been understood that a dismissal for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6), can be based on one or both of two grounds: (1) a challenge to the “sufficiency of the pleading” under Fed.R.Civ.P. 8(a)(2); or (2) a challenge to the legal cognizability of the claim. Jackson v. Onondaga Cnty., 549 F.Supp.2d 204, 211, nn. 15-16 (N.D.N.Y.2008) (McAvoy, J, adopting Report-Recommendation on de novo review).

Because such dismissals are often based on the first ground, a few words regarding that ground are appropriate. Rule 8(a)(2) of the Federal Rules of Civil Procedure requires that a pleading contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R.Civ.P. 8(a)(2) [emphasis added]. In the Court’s view, this tension between permitting a “short and plain statement” and requiring that the statement “show[ ]” an entitlement to relief is often at the heart of misunderstandings that occur regarding the pleading standard established by Fed. R.Civ.P. 8(a)(2).

On the one hand, the Supreme Court has long characterized the “short and plain” pleading standard under Fed. R.Civ.P. 8(a)(2) as “simplified” and “liberal.” Jackson, 549 F.Supp.2d at 212, n. 20 (citing Supreme Court case). On the other hand, the Supreme Court has held that, by requiring the above-described “showing,” the pleading standard under Fed.R.Civ.P. 8(a)(2) requires that the pleading contain a statement that “give[s] the defendant fair notice of what the plaintiffs claim is and the grounds upon which it rests.” Jackson, 549 F.Supp.2d at 212, n. 17 (citing Supreme Court cases) (emphasis added).

The Supreme Court has explained that such fair notice has the important purpose of “enabling] the adverse party to answer and prepare for trial” and “facilitating] a proper decision on the merits” by the court. Jackson, 549 F.Supp.2d at 212, n. 18 (citing Supreme Court cases); Rusyniak v. Gensini, 629 F.Supp.2d 203, 213 & n. 32 (N.D.N.Y.2009) (Suddaby, J.) (citing Second Circuit cases). For this reason, as one commentator has correctly observed, the “liberal” notice pleading standard “has its limits.” 2 Moore’s Federal Practice § 12.34[1][b] at 12-61 (3d ed.2003). For example, numerous Supreme Court and Second Circuit decisions exist holding that a pleading has failed to meet the “liberal” notice pleading standard. Rusyniak, 629 F.Supp.2d at 213, n. 22 (citing Supreme Court and Second Circuit cases); see also Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949-52, 173 L.Ed.2d 868 (2009).

Most notably, in Bell Atl. Corp. v. Twombly, the Supreme Court reversed an appellate decision holding that a complaint had stated an actionable antitrust claim under 15 U.S.C. § 1. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). In doing so, the Court “retire[d]” the famous statement by the Court in Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957), that “a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Twombly, 127 S.Ct. at 1968-69. Rather than turn on the conceivability of an actionable claim, the Court clarified, the “fair notice” standard turns on the plausibility of an actionable claim. Id. at 1965-74. The Court explained that, while this does not mean that a pleading need “set out in detail the facts upon which [the claim is based],” it does mean that the pleading must contain at least “some factual allegation[s].” Id. at 1965. More specifically, the “[fjactual allegations must be enough to raise a right to relief above the speculative level [to a plausible level],” assuming (of course) that all the allegations in the complaint are true. Id.

As for the nature of what is “plausible,” the Supreme Court explained that “[a] claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009). “[D]etermining whether a complaint states a plausible claim for relief ... [is] a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.... [W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged-but it has not show[n]-that the pleader is entitled to relief.” Iqbal, 129 S.Ct. at 1950 [internal quotation marks and citations omitted]. However, while the plausibility standard “asks for more than a sheer possibility that a defendant has acted unlawfully,” id., it “does not impose a probability requirement.” Twombly, 550 U.S. at 556, 127 S.Ct. 1955.

Because of this requirement of factual allegations plausibly suggesting an entitlement to relief, “the tenet that a court must accept as true all of the allegations contained in the complaint is inapplicable to legal conclusions. Threadbare recitals of the elements of a cause of action, supported by merely conclusory statements, do not suffice.” Iqbal, 129 S.Ct. at 1949. Similarly, a pleading that only “tenders naked assertions devoid of further factual enhancement” will not suffice. Iqbal, 129 S.Ct. at 1949 (internal citations and alterations omitted). Rule 8 “demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Id. (citations omitted).

This pleading standard applies even to pro se litigants. While the special leniency afforded to pro se civil rights litigants somewhat loosens the procedural rules governing the form of pleadings (as the Second Circuit has observed), it does not completely relieve a pro se plaintiff of the duty to satisfy the pleading standards set forth in Fed.R.Civ.P. 8, 10 and 12. Rather, as both the Supreme Court and Second Circuit have repeatedly recognized, the requirements set forth in Fed.R.Civ.P. 8, 10 and 12 are procedural rules that even pro se civil rights plaintiffs must follow. Stated more simply, when a plaintiff is proceeding pro se, “all normal rules of pleading are not absolutely suspended.” Jackson, 549 F.Supp.2d at 214, n. 28 [citations omitted].

Finally, a few words are appropriate regarding what documents are considered when a dismissal for failure to state a claim is contemplated. Generally, when contemplating a dismissal pursuant to Fed. R.Civ.P. 12(b)(6) or Fed.R.Civ.P. 12(c), the following matters outside the four corners of the complaint may be considered without triggering the standard governing a motion for summary judgment: (1) documents attached as an exhibit to the complaint or answer, (2) documents incorporated by reference in the complaint (and provided by the parties), (3) documents that, although not incorporated by reference, are “integral” to the complaint, or (4) any matter of which the court can take judicial notice for the factual background of the case. Moreover, in the Second Circuit, a pro se plaintiffs papers in response to a defendant’s motion to dismiss for failure to state a claim may be considered as effectively amending the allegations of his complaint-to the extent those papers are consistent with the allegations in the complaint.

C. Legal Standard Governing Motions to Dismiss for Lack of Subject-Matter Jurisdiction

“It is a fundamental precept that federal courts are courts of limited jurisdiction.” Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365, 374, 98 S.Ct. 2396, 57 L.Ed.2d 274 (1978). Generally, a claim may be properly dismissed for lack of subject-matter jurisdiction where a district court lacks constitutional or statutory power to adjudicate it. See Makarova v. United States, 201 F.3d 110, 113 (2d Cir.2000). A district court may look to evidence outside of the pleadings when resolving whether to dismiss for lack of subject-matter jurisdiction. Makarova, 201 F.3d at 113. The plaintiff bears the burden of proving subject-matter jurisdiction by a preponderance of the evidence. Makarova, 201 F.3d at 113 (citing Malik v. Meissner, 82 F.3d 560, 562 (2d Cir.1996)). When a court evaluates whether to dismiss for lack of subject-matter jurisdiction, all ambiguities must be resolved and inferences drawn in favor of the plaintiff. Aurecchione v. Schoolman Transp. Sys., Inc., 426 F.3d 635, 638 (2d Cir.2005) (citing Makarova, 201 F.3d at 113).

III. ANALYSIS

A. Whether Plaintiff Has Alleged Facts Plausibly Suggesting Fraud

After carefully considering the matter, the Court answers this question in the negative for the reasons stated by Defendant in its memorandum of law. (Dkt. No. 31, Attach. 1, at 4-5 [Def.’s Mem. of Law].) To those reasons, the Court adds the following analysis.

“Under New York law, a plaintiff claiming fraud must show: ‘(1) a material misrepresentation or omission of fact (2) made by defendant with knowledge of its falsity (3) and intent to defraud; (4) reasonable reliance on the part of plaintiff; and (5) resulting damage to the plaintiff.’ ” Hills v. Praxair, Inc., 11-CV-0678, 2012 WL 1935207, at *20 (W.D.N.Y. May 29, 2012) (quoting Crigger v. Fahnestock & Co., 443 F.3d 230, 234 [2d Cir.2006]). Further, to state a claim sounding in fraud, Fed.R.Civ.P. 9(b) imposes a heightened pleading standard: “[A] party must state with particularity the circumstances constituting fraud or mistake.” To plead a fraud claim with the necessary particularity, the plaintiff must at a minimum: “(1) specify the statements that ... were fraudulent, (2) identify the speaker, (3) state where and when the statements were made, and (4) explain why the statements were fraudulent.” Stevelman v. Alias Research, Inc., 174 F.3d 79, 84 (2d Cir.1999); accord, Lerner v. Fleet Bank, N.A., 459 F.3d 273, 290 (2d Cir.2006); Naples v. Stefanelli 972 F.Supp.2d 373, 387 (E.D.N.Y.2013). “[C]onclusory allegations that defendant’s conduct was fraudulent or deceptive are not enough.” Decker v. Massey-Ferguson, Ltd., 681 F.2d 111, 114 (2d Cir.1982). However, “a plaintiff need not plead dates, time and places with absolute precision, so long as the complaint gives fair and reasonable notice to defendants of the claim and the grounds upon which it is based.” Int’l Motor Sports Grp., Inc. v. Gordon, 98-CV-5611, 1999 WL 619633, at *3 (S.D.N.Y. Aug. 16, 1999).

In establishing scienter, a plaintiff must allege facts that give rise to a strong inference of fraudulent intent, which can be accomplished in two ways: “either (a) by alleging facts to show that defendants had both motive and opportunity to commit fraud, or (b) by alleging facts that constitute strong circumstantial evidence of conscious misbehavior or recklessness.” Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir.1994); Rikhy v. AMC Computer Corp., 01-CV-7007, 2002 WL 1424596, at *2 (S.D.N.Y. July 2, 2002).

As discussed in Part I.A. of this Decision and Order, the main thrust of Plaintiffs fraud claim is that the letters she received from Jimmie James and SCSD, and the termination letter from First Student, are “false, fraudulent and highly misleading” because they mistakenly identify her as the person who threatened the male student’s grandmother. (Dkt. No. 26, ¶¶ 21, 25, 27, 29-34, 37, 39 [Pl.’s Am. Compl.].) According to Plaintiff, Defendant, as well as the proposed defendants, knew that she was not the one who had threatened the student’s grandmother; rather, it was the mother of another student who had visited the home the same day and made threatening statements. (Id., ¶¶ 25, 27-30, 35, 39.)

First, Plaintiff has attached all three of the subject letters to her PAC, which the Court will consider for purposes of this motion as both integral to the Complaint and incorporated by reference. (Id. at P/D-7 through P/D-9.) The letter authored by Mr. James states that he spoke with the student’s grandmother regarding two adults that allegedly came to the grandmother’s home to complain about her grandson’s behavior. (Id. at P/D-7.) According to Mr. James’ letter, the adults included Plaintiff and one other person. (Id.) The letter further states that

the other adult threatened her grandson and said, “if you touch my daughter again, I will break your neck.” Grandma stated that she didn’t want a confrontation with the adults at her home and admitted that her grandson can be difficult. However, she felt that the driver had no right to bring another parent to her home and threaten her grandson.

(Id.) Mr. James concludes the letter by stating that “I spoke with Lynea Lemke, Assistant Manager, requesting that First Student West check to see if the allegation that the driver did return to the grandmother’s home with another adult was true. It was found to be true, and the matter was turned over to my Director on Oct. 14th.” (Id.)

Significantly, Plaintiff admits, in both her Complaint and PAC, that she returned to the student’s home while off-duty. (Dkt. No. 1, ¶ 12; Dkt. No. 26, at 2.) Plaintiff has also attached an affidavit to her PAC from her daughter, which states that the daughter accompanied Plaintiff to the student’s home. (Dkt. No. 26, at Ex. P-6.) Thus, Plaintiff admits that she went to the student’s home, off-duty, accompanied by another adult. Moreover, the letter specifically states that, according to the grandmother, it was “the other adult,” not Plaintiff, who made threatening statements while at the student’s home.

Second, although Plaintiff appears to allege that this mistake in identity was the basis for her unlawful termination, her pleadings suggest otherwise. Specifically, in the Complaint, Plaintiff alleges that, on “October 15th 2012, I was terminated for going to the males [sic] students [sic] home with another person and disclosing personal and or confidential information about that student.” (Dkt. No. 1, ¶ 13.) Based upon the pleadings, Plaintiff admits that she did in fact go to the student’s home (the grandmother’s home) with another person (her daughter) and disclosed personal and/or confidential information about the student (the student’s behavior on the bus). Therefore, the Court cannot find a basis to sustain a fraud claim because Plaintiff has failed to allege facts plausibly suggesting that Mr. James made material misrepresentations about Plaintiff, with knowledge of their falsity, and with intent to defraud.

Similarly, the remaining two letters do not support Plaintiffs claim. The letter from Lynea Lemke, Assistant Location Manager at First Student, states that

[o]n 10-11-2012 you were placed on administrative leave pending investigation of an incident that involved you going to the home of a student on the route you were covering after hours. The investigation has now been completed. Due to the findings of the investigation, your employment with First Student is terminated, effective immediately.

(Dkt. No. 26, at Ex. P/D-8.) With respect to Ms. Lemke’s letter, Plaintiff has failed to meet the heightened pleading requirements of Fed.R.Civ.P. 9(b). Specifically, Plaintiff alleges in her PAC that Ms. Lemke

placed Plaintiff in a false light when she then, unlawfully, filed a blatantly false, fraudulent, malicious, and highly misleading letter terminating Plaintiff solely based on the false complaint and mistaken identification, by a white person, whereby said “white” person arbitrarily mistook the Plaintiff for looking like (i.e., similar) to another African American (i.e., the black) woman that actually harassed the “white” female witness in these matters.

(Dkt. No. 26, ¶25.)

First, Plaintiff has failed to allege what statements contained in Ms. Lemke’s letter are fraudulent and why they are fraudulent. See Stevelman, 174 F.3d at 84. Notwithstanding this failure, Plaintiff, as discussed above, admits she went to the home of a student on her bus route while off-duty, which, as explained in Ms. Lemke’s letter, was the basis for Plaintiffs termination. Second, Plaintiffs allegation that Ms. Lemke terminated her employment, based solely on the allegation that she was the one who made threatening statements, is at odds with other allegations in Plaintiffs Complaint. Specifically, Plaintiff alleges that “I was informed by the assistant manager of First Student that the reasoning behind this decision was because the Grandmother of the male student placed a phone call to the [SCSD] stating that I came to her home with another parent that her grandson had a[sic] altercation with earlier on the bus and that the parent proceeded to threatened [sic] her and her grandson.” (Dkt. No. 1, ¶ 13) (emphasis added). According to this factual allegation, Plaintiff acknowledges that Ms. Lemke knew Plaintiff was not the one who made threatening statements, and that the reasoning for her termination was that Plaintiff went to the student’s home with another person.

Finally, the contents of the third letter, authored by Patricia Bailey of SCSD, simply state that, “[d]ue to an incident on October 10, 2012, the above-named bus driver is removed from all SCSD bus routes effective immediately.” (Dkt. No. 26, at Ex. P/D-9.) For the reasons discussed above with regard to the other letters, Plaintiff has failed to allege facts plausibly suggesting a fraud claim based upon Ms. Bailey’s letter. (Dkt. No. 26, ¶¶ 27, 29, 30-33.)

B. Whether Plaintiff’s Breach of Contract Claim Is Time-Barred by the Applicable Statute of Limitations

After carefully considering the matter, the Court answers this question in the affirmative to the extent that Plaintiff alleges a breach of contract based upon a Labor Management Relations Act § 301/ duty of fair representation claim (i.e., a hybrid LMRA § 301 claim) and a breach of the policies contained in First Student’s National Employee Handbook, for the reasons discussed below. However, the Court answers this question in the negative to the extent that Plaintiff alleges Local 182 breached its duty of fair representation under a Title VII theory of liability.

1. Timeliness of Plaintiffs Hybrid LIVIRA § 301 Claim

“[T]he appropriate statute of limitations for ‘hybrid’ actions, i.e., cases involving both claims against the employer under Section 301 and claims against the union for breach of the duty of fair representation, is six months.” McLeod v. Verizon N.Y., Inc., 995 F.Supp.2d 134, 142 (E.D.N.Y.2014) (quoting Civardi v. Gen. Dynamics Corp., 603 F.Supp.2d 393, 397 [D.Conn.2009]); Korthas v. Ne. Foods, Inc., 03-CV-0552, 2006 WL 519401, at *11 (N.D.N.Y. Feb. 27, 2006) (Munson, J.). “The six-month clock begins to run from ‘the time when the union member knew or reasonably should have known that a breach of the duty of fair representation has occurred.’ ” McLeod 995 F.Supp.2d at 142 (quoting Rosario v. Local 1106 Transp. Works of Am., 29 F.Supp.3d 153, 159 [E.D.N.Y.2014]).

Plaintiff argues that Defendant should be equitably estopped from asserting a statute-of-limitations defense. “ ‘Unlike equitable tolling, which is invoked in cases where the plaintiff is ignorant of his cause of action because of the defendant’s fraudulent concealment, equitable estoppel is invoked in cases where the plaintiff knew of the existence of his cause of action but the defendant’s conduct caused him to delay bringing his lawsuit.’ ” Ellul v. Congregation of Christian Bros., 774 F.3d 791, 802 (2d Cir.2014) (quoting Cerbone v. Int’l Ladies’ Garment Workers’ Union, 768 F.2d 45, 49-50 [2d Cir. 1985]). “Equitable estoppel applies in cases where, for example, the defendant lulls the plaintiff into not filing suit with assurances that she will settle the case.” Ellul, 774 F.3d at 802. “To trigger the doctrine of equitable estoppel, a plaintiff must show that: (1) the defendant made a definite misrepresentation of fact, and had reason to believe that the plaintiff would rely on it; and (2) the plaintiff reasonably relied on that misrepresentation to his detriment.” Id.

In Ellul, plaintiffs argued that defendants should be equitably estopped from asserting a statute-of-limitations defense because defendants deceived them and then fraudulently concealed information by withholding and/or destroying documents related to their claims. Id. at 801-02. The Second Circuit, however, focused on whether the defendants “made any misrepresentations that caused [plaintiffs] to delay bringing this lawsuit once the facts became or should have become known to them.” Id. at 802. The court determined that plaintiffs had the necessary information to commence a lawsuit during the statutory period. Id. 801-02. As a result, the court “perceive[d] no basis in the record for applying equitable estoppel.” Id. at 802.

In the present case, Plaintiff sets forth a similar argument, arguing that Defendant and/or the proposed defendants should not be allowed to benefit from their own wrongdoing and fraudulent concealment. (Dkt. No. 33, at 10 [PL’s Opp’n Mem. of Law].) However, Plaintiff has failed to allege facts plausibly suggesting any misrepresentations that caused her to delay bringing this claim. To the contrary, Plaintiffs grievance was denied on October 24, 2012, after two formal hearings were held. (Dkt. No. 26, ¶ 22 [Pl.’s Am. Compl.]; Dkt. No. 31, Attach. 2, at Ex. A [Novieh Decl.].) Furthermore, Plaintiff objected to the hearings being held because she had requested representation from Local 182, which Mr. LaGrange allegedly refused to provide. (Dkt. No. 26, ¶ 22.) Therefore, Plaintiff knew, or should have known, of any alleged violation of the CBA as of October 24, 2012, when her grievance was denied. See Ghartey v. St. John’s Queens Hosp., 869 F.2d 160, 165 (2d Cir.1989) (“[A] breach of duty by the union is apparent to the member at the time she learns of the union action or inaction about which she complains.”). Plaintiff ’did not file her Complaint until August 5, 2013, and her PAC was filed on April 9, 2014. Accordingly, Plaintiffs hybrid LMRA § 301 claim is futile because it is barred by the applicable statute of limitations. See McLeod, 995 F.Supp.2d at 143 (“Where ... a plaintiff alleging a hybrid LMRA § 301 claim has not set forth any viable equitable reason for tolling a statute of limitations, courts in this circuit have dismissed such claims for untimeliness.”).

2. Timeliness of Plaintiffs Duty of Fair Representation Claim Under Title VII Against Local 182

To the extent Plaintiff alleges that Local 182 breached its duty of fair representation under a Title VII theory of liability (Dkt. No. 26, ¶¶ 13, 26), that claim is not time-barred at this time. “It is well established that a duty of fair representation claim can fall within Title VII if a union allowed the breach to go unrepaired and Plaintiff can show that the Union’s actions were motivated by discriminatory animus.” Blaizin v. Caldor Store # 38, 97-CV-1604, 1998 WL 420775, at *2 (S.D.N.Y. July 27, 1998). With respect to such claims, “the statute of limitations under Title VII-not the six-month statute of limitations for breach of duty of fair representation-controls.” Nweke v. Prudential Ins. Co. of Am., 25 F.Supp.2d 203, 219 (S.D.N.Y.1998). A complaint alleging discrimination under Title VII must be filed with the EEOC “within 180 days of the alleged unlawful employment action or, if the claimant has already filed the charge with a state or local equal employment agency, within 300 days of the alleged discriminatory action.” Van Zant v. KLM Royal Dutch Airlines, 80 F.3d 708, 712 (2d Cir.1996); see also Cooper v. Wyeth Ayerst Lederle, 106 F.Supp.2d 479, 500 (S.D.N.Y.2000) (“The appropriate statute of limitations for a fair representation claim under Title VII is 300 days.”).

As discussed above, Plaintiff was denied representation from Local 182 on or about October 11, 2012 (Dkt. No. 26, ¶¶ 22-23), and Plaintiffs PAC was filed on April 9, 2014. Plaintiff has alleged only that she filed a complaint with the New York State Division of Human Rights and that, on May 11, 2013, she received a “Right to Sue” letter. (Dkt. No. 26, at 3.) Therefore, Plaintiffs claim is timely, assuming she filed a complaint with the EEOC during the requisite time period. Unfortunately, Plaintiff has not alleged whether this occurred or not. However, because it is plausible that she did file a complaint with the EEOC within the applicable time period, the Court is unable to find, at this time, that Plaintiffs claim is futile on the basis that it is time-barred.

3. Plaintiffs Breach-of-Contract Claim Based Upon First Student’s National Employee Handbook

Finally, the Court finds that a breach-of-contract claim premised on a violation of Defendant’s employee handbook is futile. Plaintiff has attached selected pages of the employee handbook to her PAC. (See Dkt. No. 26, Ex. P-1 through P-4.) She alleges in her PAC that similarly situated white employees were treated differently by Defendant when they were afforded progressive disciplinary procedures after being accused of misconduct and allowed to remain employed. {Id., ¶ 34.) However, one of the pages of the employee handbook states that First Student reserves the right to bypass progressive steps of discipline. Specifically, the handbook states, in relevant part, that “Depending on the severity of the rule infraction ... disciplinary action could bypass the progressive steps and result in suspension or termination.” {Id. at P-2) (emphasis added). Moreover, the pages from the handbook do not contain any promises of employment for any duration, nor does Plaintiff allege that she was anything more than an at-will employee. Accordingly, there is no merit to Plaintiffs argument that Defendant violated the provisions of its handbook when it terminated her employment.

Next, Plaintiff alleges that Defendant’s use of authority deprived her of her rights not to be discriminated and/or retaliated against in violation of the rights guaranteed to her by the handbook. (Id., ¶¶ 18, 6.) First, the handbook pages provided by Plaintiff do not contain antidiscrimination or retaliation clauses. Nonetheless, it is “well-established that an employer’s antidiscrimination policies and manuals cannot serve as the basis for a breach of contract claim.” Davis v. Oyster Bay-E., 03-CV-1372, 2006 WL 657038, at *15 (E.D.N.Y. Mar. 9, 2006); see also Abdi v. Brookhaven Sci. Assocs., LLC, 447 F.Supp.2d 221, 229 (E.D.N.Y.2006). Therefore, Plaintiffs breach-of-contract claim premised on a violation of Defendant’s employee handbook is futile.

C. Whether Plaintiff Has Alleged Facts Plausibly Suggesting that Defendant and/or Local 182 Are State Actors or Private Parties Acting Under Color of State Law

After carefully considering the matter, the Court answers this question in the negative for the reasons stated by Defendant in its memorandum of law. (Dkt. No. 31, Attach. 1, at 6-8 [Def.’s Mem. of Law].) To those reasons the Court adds the following analysis.

“In order to state a claim pursuant to 42 U.S.C. § 1983, a plaintiff must allege that he was injured by either a state actor or a private party acting under color of state law.” Ciambriello v. Cty. of Nassau, 292 F.3d 307, 323 (2d Cir.2002). “ ‘Because the United States Constitution regulates only the Government, not private parties, a litigant claiming that his constitutional rights have been violated must first establish that the challenged conduct constitutes state action.’ ” Ciambriello, 292 F.3d at 323 (quoting United States v. Int’l Bd. of Teamsters, Chauffeurs, Warehousemen & Helpers of Am., 941 F.2d 1292, 1295-96 [2d Cir.1991]).

Defendant argues that First Student is a private entity that was not acting under color of state law when it terminated Plaintiffs employment. (Dkt. No. 31, Attach. 1, at 7 [Def.’s Mem. of Law]). Plaintiff alleges in conclusory fashion that Defendant, and the proposed defendants, are state employees. (Dkt. No. 26, ¶ 3 [PL’s Am. Compl.].) Plaintiff also alleges, upon information and belief, that “First Student is a corporation or similar business entity organized and existing under the laws of the State of Ohio.” (Dkt. No. 1, ¶ 3 [Pl.’s Compl.].) Plaintiff does not, however, allege any facts plausibly suggesting that First Student is indeed a state actor or otherwise respond to Defendant’s argument on this issue. With respect to Local 182, it has been held that labor unions generally are not state actors. See Ciambriello, 292 F.3d at 323 (“Labor unions such as CSEA generally are not state actors”); Dorcely v. Wyandanch Union Free Sch. Dist., 06-CV-1265, 2007 WL 2815809, at *4 (E.D.N.Y. Sept. 25, 2007) (“[L]abor unions generally are not state actors ... the fact that the Union represents public employees' does not make it a state actor.”); Marrero v. City of N.Y., 02-CV-6634, 2003 WL 1621921, at *4 (S.D.N.Y. Mar. 28, 2003). Therefore, Plaintiff must allege facts plausibly suggesting that First Student and Local 182 were acting under color of state when she allegedly suffered a deprivation of her constitutional rights.

“A private actor may be considered to be acting under the color of state law for purposes of Section 1983 if the private actor was ‘a willful participant in joint activity with the State or its agents.’ ” Young v. Suffolk Cty., 922 F.Supp.2d 368, 385 (E.D.N.Y.2013) (quoting Ciambriello, 292 F.3d at 324). “This potential liability under Section 1983 also applies to a private party who ‘conspires with a state official to violate the plaintiffs constitutional rights....'" Young, 922 F.Supp.2d at 385 (quoting Fisk v. Letterman, 401 F.Supp.2d 362, 378 [S.D.N.Y.2005]). “Thus, in order to prove that a private actor was acting under the color of state law when he engaged in allegedly unconstitutional conduct, a plaintiff must point to evidence tending to show either (1) the existence of joint activity between the private actor and the state or its agents, or (2) a conspiracy between the state or its agents and the private actor.” Id.

“The concepts of acting ‘jointly’ or in ‘conspiracy with’ state actors are intertwined.... Even if considered as conceptually separate theories, both require the pleading of facts sufficient to show something more than conclusory allegations.” Stewart v. Victoria’s Secret Stores, LLC, 851 F.Supp.2d 442, 445 (E.D.N.Y.2012). “Joint action with a state official can be found only if it is shown that the private individual acted in “willful collaboration’ with a state actor to deprive the plaintiff of a federal right.” Stewart, 851 F.Supp.2d at 445 (citing Bacquie v. City of New York, 99-CV-10951, 2000 WL 1051904, at *1 [S.D.N.Y. July 1, 2000]). “Such collaboration is stated only if a plaintiff can plead more than ‘conclusory allegations’ or ‘naked assertions.’ ” Id. “Thus, pleadings asserting joint activity must allege ‘specific facts tending to show agreement and concerted action.’ ” Id. (quoting Bacquie, 2000 WL 1051904, at *1).

“Similarly, stating a Section 1983 conspiracy claim against a private individual requires more than pleading simply, and in conclusory fashion that the defendant ‘conspired’ with state actors.” Id. (citing Ciambriello, 292 F.3d at 323). “Instead, the plaintiff must allege: ‘(1) the agreement between a state actor and a private party; (2) to act in concert to inflict an unconstitutional injury; and (3) an overt act done in furtherance of that goal causing damages.’ ” Id. (quoting Pacicca v. Stead, 456 Fed.Appx. 9, 12 [2d Cir.2011]). “Complaints alleging nothing more than vague and general allegations of conspiracy are properly dismissed.... While places and dates of meetings need not be pled with particularity, pleadings must set forth a plausible theory of agreement and concerted action.” Id. (citing McIntyre v. Longwood Cent. Sch. Dist., 07-CV-1337, 2008 WL 850263, at *11 [E.D.N.Y. Mar. 27, 2008]). “[I]f this court were to allow a plaintiff to go beyond the pleading stage of litigation upon setting forth nothing more than concluso-ry allegations of conspiracy with state actors, ‘private actors-ineluding lawyers and witnesses-would be subjected to the substantial cost and disruption incurred by litigants in the discovery phase of these lawsuits, without any indication whatsoever that the plaintiff has a ‘plausible’ conspiracy claim.’ ” Id. (quoting Flores v. Levy, 07-CV-3753, 2008 WL 4394681, at *8 [E.D.N.Y. Sept. 23, 2008]).

Here, Plaintiff alleges that from October 4, 2012, through October 15, .2012, Defendant, as well as the proposed defendants, “agreed with each other and with others to engage in and cause Plaintiff to be denied her rights, privileges, and/or immunities as mandated in Defendants [sic] First Student[’]s National Employee Handbook.” (Dkt. No. 26, ¶ 6.) Plaintiff further alleges that Ms. Lemke and Mr. LaGrange “agreed to deny and/or stultify ... Plaintiffs CBA rights on the above dates.” (Id., ¶ 7.) Plaintiff then alleges that the proposed defendants acted together in suppressing and/or depriving Plaintiff of evidence and information that she allegedly needed to effectively defend herself at her two grievance hearings. (Id., ¶ 14.) Similarly vague allegations are made throughout her PAC. (See, e.g., id., ¶¶ 8, 12-13, 16, 19.) Finally, Plaintiff also alleges that Defendant and the proposed defendants conspired with each other when they made “material misrepresentations” against Plaintiff, “via three separate fraudulent letters,” which were described previously in Part III.A. of this Decision and Order. (Id., ¶ 27.)

Having carefully read and liberally construed these allegations, the Court finds that Plaintiff has failed to allege facts plausibly suggesting that Defendant and Local 182 willfully collaborated with a state actor to deprive Plaintiff of a civil right. Nor has Plaintiff alleged facts, beyond “conelu-sory allegations” and “naked assertions,” tending to show agreement and concerted action to suggest joint collaboration between the parties and a state actor. Similarly, Plaintiffs Complaint and PAC are devoid of any allegations of instances of conduct plausibly suggesting a conspiracy or any “meeting of the minds.” See Gyadu v. Hartford Ins. Co., 197 F.3d 590, 591 (2d Cir.1999) (holding that vague references to some conspiracy and hints at some tenuous link between a conspiracy and the fact that plaintiff was of a certain rac