Offor v. Mercy Medical Center (167 F. Supp. 3d 414, 2016)

MEMORANDUM OF DECISION & ORDER

SPATT, District Judge

This case arises from allegations by the Plaintiff Dr. Chinwe Offor (the “Plaintiff’), who is an African American born in Nigeria, that she was discriminated against while working as a Neonatologist at Mercy Medical Center (“MMC”).

On April 20, 2015, the Plaintiff commenced this action against the Defendants MMC, Catholic Health Services of Long Island, Inc. (“CHSLI”), Dr. Swarna Deva-rajan, and Dr. John P. Reilly (collectively, the “Defendants”). She asserted the following causes of action: (i) national origin and race discrimination pursuant to 42 U.S.C. § 1981 (“Section 1981”), Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and the New York State Human Rights Law, N.Y. Exec. Law § 296(1) (“NYSHRL”); (ii) retaliation under Title VII; (iii) violation of the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq. (“FMLA”); and (iv) “libel, slander, and intentional infliction of emotional distress.”

On May 15, 2015, the Plaintiff filed an amended complaint as a matter of course pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ.P.”) 15(a)(1)(A).

Presently before the Court is (i) a motion by the Defendants pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss the amended complaint in its entirety; (ii) a cross-motion by the Plaintiff to amend her complaint for a second time pursuant to Fed. R. Civ. P. 15(a)(2); (iii) a motion by the Defendants to seal certain documents attached to the original and first amended complaint; and (iv) cross-motions by the parties for sanctions.

For the reasons set forth below, the Court (i) grants the Defendants’ motion to dismiss; (ii) denies the Plaintiffs motion to amend; and (iii) grants the Defendants’ motion to seal. As the parties’ filed cross motions for sanctions several months after filing the three above-motions, the Court reserves decision on the sanctions’ motions for administrative reasons

I. BACKGROUND

The following facts are drawn from the proposed second amended complaint (“SAC”) and construed in the light most favorable to the Plaintiff.

A. The Parties

The Plaintiff is a resident of Dix Hills and was employed by the Defendant MMC from February 1, 2000 until August 21, 2014, when MMC terminated her employment. (SAC at ¶ 1.) She was initially hired at MMC as an attending Neonatoligst in 2004. (Id. at ¶ 15.) Although not made explicit in the SAC, the allegations suggest her role as a Neonatoligst was to provide healthcare for newborn babies. In 2004, she was promoted to the title of Assistant Director of Neonatology at MMC. (Id. at ¶ 16.)

The Defendant MMC is a hospital located in Rockville Centre, New York. (Id. at ¶ 2.)

The Defendant CHSLI is a “parent institution” of MMC and is located in Long Island, New York. (Id. at ¶ 3.)

The Defendant Dr. Devarajan was the Chairwoman of Pediatrics and the Director of Neonatology & Newborn Services at MMC. (Id. at ¶ 4.) She was the Plaintiffs immediate supervisor during the entire period of the Plaintiffs employment at MMC. (See id.)

The Defendant Dr. Reilly is the Chief Medical Officer of MMC. (Id. at ¶ 5.) He also supervised the Plaintiff during the period of her employment at MMC. (See id.)

B. The Alleged Denial of Moonlighting Hours

The Plaintiff alleges that from 2006 to 2010, the Defendant Dr. Devarajan discriminated against her on the basis of her race and national origin because she denied the Plaintiff additional so-called “moonlighting” hours, which are night and weekend hours that doctors in MMC’s Neonatal Intensive Care Unit (“NICU”) work in addition to their regularly scheduled work hours and for which they receive additional compensation. She further alleges:

[Ejxternal moonlighters (mostly and predominantly of Indian Descent) never had any issues with Dr. Devarajan regarding availability of moonlighting hours. In fact, Dr. Devarajan usually offered these Doctors more hours than they could handle. In one email, whilst thanking one of the Moonlighters for helping her son ‘Alex’ with a job ..., Dr. Devarajan offered him as many moonlighting hours as he could handle.

(SAC at ¶ 22.)

In support of this allegation, the Plaintiff attached to the proposed SAC, an August 29, 2011 email she sent to Nancy Simmons (“Simmons”), an Executive Vice President at MMC. (S.ee SAC, Ex. 3(A), Dkt. No. 22-9, at 21.) In the email, the Plaintiff summarizes a meeting she had with the Defendants Dr. Reilly and Dr. Devarajan on August 25, 2011 to request additional moonlighting hours. (Id.) According to her email, at the meeting, Dr. Devarajan was “worried about [the Plaintiff] becoming stressed with additional work, and that such onset of stress will diminish the quality of [her] work.” (Id.) Dr. Devarajan also allegedly expressed concern that authorizing the Plaintiff to work additional hours would render Dr. Devarajan “unable to balance the Budget for Pediatrics/NICU.” (Id. at 22.)

In her August 25, 2011 email, the Plaintiff also wrote that there are “five moonlighters working regularly in the NICU”: (i) “3 Indians — Drs. Souza, Shah, & Srini-vasan”; (ii) “1 Russian — Dr. Dolmain”; and (iii) “1 Filipino — Dr. Pakdi.” (Id. at 21-22.) The Plaintiff further wrote:

Dr. Deverajan acknowledged the fact that I am as or probably more clinically competent than my peers. I have superior procedural skills (intubations, placement of central lines), and I’m more knowledgeable about the babies and parents than our moonlighters. At this point, the only reasonable conclusion that I can make is that I am being denied these moonlighting hours because I AM BLACK.

(Id. at 22.)

She further noted:

[t]his is not the only occasion [Dr. Deva-rajan] has discriminated against me. Amongst other tactics, she once had the bed in my office removed with no just cause. Of note is the fact that Dr. Dejhalla’s bed was left intact in her office. That situation was resolved by Dr. Reilly.

(Id. at 22.)

However, ultimately, according to the SAC, the Plaintiffs bed was returned to her office after she complained to the MMC administration. (SAC at ¶ 72.)

C. The Alleged Denial of Vacation Time

The Plaintiff also alleges that Dr. Deva-rajan sought to improperly “prevent [the Plaintiff] from using her hard earned vacation time, culminating in her constant loss of benefit time.” (Id. at ¶ 23.) According to the SAC, “in 2010, [Dr. Devarajan] denied [the Plaintiffs] vacation request despite a 7 month notice, only to turn around and approve another neonatologist, Dr. Dejhalla’s vacation request made with less than 2[sic] month’s notice.” (Id.) Allegedly, “[n]o one else in the ... NICU had problems with getting vacation time approved by Dr. Dejhalla even with a much shorter notice. Dr. Dejhalla and more recently Dr. Rayjada (hired in 2011) never had any problems with "having vacation days approved.” (Id. at ¶ 25.)

In July 2012, Dr. Devarajan again “denied [the Plaintiffs] earlier request for vacation days to visit her son in China.” (Id. at ¶ 28.)

In August 2012, Dr. Devarajan denied the Plaintiffs third request to use her vacation time “to be with her daughter who was expecting a baby and was having health problems.” (Id. at ¶29.) According to the SAC, the Plaintiff informed Allison Cianciotto (“Cianciotto”), Vice President of Human Resources at MMC, that Dr. Devarajan’s “refusal to allow her to use her accumulated vacation/benefit time was a discriminatory action against her intended to force her to leave her Employment with the Defendants and that this conduct was continuing against her unchecked because of her Race[,]” (Id.)

On August 23, 2012, the Plaintiff allegedly made a “verbal threat to retain an Attorney.” (Id. at ¶ 30.) Subsequently on August 24, 2012, the Plaintiff had a meeting with Cianciatto, Dr. Reilly, and Dr. Rosemary Povinelli. (Id.) At the meeting, Dr. Reilly allegedly informed the Plaintiff that “there was an Anonymous Complaint against her alleging that she does not wash her hands before handling patients and did not know how to manage ventilators.” (Id.)

In addition, the Plaintiff attaches to the SAC a September 25, 2012 email from Cianciotto to the Plaintiff stating:

As discussed, due to staffing concerns in your department for the period of time you requested off in December, your vacation cannot be granted. As you are aware, Dr. Rayjada is due on December 20th and could possibly be put out earlier. Unfortunately, you are in a [department] of 3, including the Chairwoman. Patient safety must be our first priority. Thank you.

(SAC, Ex. 7A, Dkt. No. 22-13, at 3.)

In November 2012, the Plaintiff engaged Joel Greenberg, Esq. (“Greenberg”) to “assist her in persuading the Defendants to allow her [to] use her vacation time and also ensure that she g[ot] moonlighting hours.” (SAC at ¶ 32.)

Subsequently, on December 27, 2012, Dr. Reilly, Dr. Devarajan, and Dr. Povinel-li met with the Plaintiff to inform her of their decision to place her on “Focused Practitioner Performance Review” (“FPPR”) for three months in light of concerns they had with her management of three patients in the NICU in 2009, 2011, and 2012. (Id. at ¶ 33; see also SAC, Ex. 8F, Dkt. No. 22-13, at 24-25.) The SAC describes FPPR as a probationary period during which a doctor is “expected to work under close supervision and is subject to frequent evaluation.” (SAC at ¶ 58.) The Plaintiff alleges that MMC’s decision to place her on FFPR was in retaliation for retaining Greenberg. (SAC at ¶ 37.)

Ultimately, the Plaintiff was able to take a vacation in February 2013. (Id. at ¶ 36.)

D. The Plaintiff’s Demotion

On May 8, 2013, Dr. Devarajan sent the Plaintiff a letter indicating that MMC had decided to extend the Plaintiffs FPPR period for an additional three months “due to low volume in the NICU.” (SAC, Ex. 10B, Dkt. No. 22-14, at 4.) The letter informed the Plaintiff that “[d]uring this time, [her] clinical performance will be concurrently reviewed and evaluated by the Department Director. Particular attention will be paid to ventilator and medication management along with adherence to NICU policies.” (Id.)

On June 20, 2013, the Plaintiff alleges that unspecified individuals in MMC tampered with the locks to her office. (SAC at ¶ 70.) After notifying “security” at the hospital, security staff members “came and helped replace the padlock.” (SAC at ¶ 70.)

In July 2013, Dr. Devarajan conducted a Neonatal Resuscitation Program (“NRP”) Recertification class. (Id. at ¶ 48.) Allegedly, Dr. Devarajan invited every physician in the department except for the Plaintiff. (Id.)

On December 2, 2013, the Plaintiff alleges that “someone acting on behalf of the Defendants hacked into [her] CHSLI ... email account” and sent an “email” from her account. (Id. at ¶ 67.)

On December 6, 2013, Dr. Devarajan sent the Plaintiff another letter informing her that MMC was extending the FPPR period for an additional three months because the Plaintiff had demonstrated “a lack of professionalism, a lack of respect for the Director and a failure to adhere to departmental guidelines for patient management.” (SAC, Ex. 10D, Dkt. No. 22-14, at 7.)

On December 15, 2013, the Plaintiff alleges that an unidentified individual, acting on behalf of the Defendants, temporarily changed her status in the “EPIC Electronic Health Record System in the NICU” from a Doctor to a Nurse.” (SAC at ¶ 62.)

On December 21, 2013, Dr. Aaron E. Glatt (“Glatt”), an Executive Vice President and Chief Administrative Officer at MMC, sent the Plaintiff a letter notifying her that the hospital had approved her application to be reappointed as a member of the Medical Staff at MMC. (SAC, Ex. 10F, Dkt. No. 22-14, at 8.)

On December 27, 2013, the Plaintiff had a meeting with Dr. Devarajan. (SAC at ¶ 46.) During the meeting, Dr. Devarajan notified the Plaintiff that MMC had decided to demote her by stripping her of her title as Assistant Director of Neonatalogy. (SAC at ¶ 46.) Dr. Devarajan also gave the Plaintiff a letter, dated December 19, 2013, which outlined the reasons for her demotion, including: (i) on December 3, 2013, the Plaintiff was not “receptive” to Dr. Devarajan’s orders regarding a newborn’s healthcare management; (ii) the Plaintiff “improperly advise[d]” a baby’s parents that “their infant was improving and that no further treatment was needed,” which resulted “in the confusion for the parents and fostered a serious lack of trust in the care provided at MMC”; (iii) the Plaintiff failed to maintain instructor status through the NRP; (iv) on November 5, 2013, Dr. Devarajan “verbally coun-selled [the Plaintiff] regarding remarks [she] made to a nurse”; (v) on November 20, 2013, the Plaintiff faded to attend a peer review meeting to discuss two of her cases; and (vi) the Plaintiff failed to alert Dr. Devarajan of an issue with logging onto MMC’s Internet platform before reaching out to the Chief Administrative Officer of MMC. {See SAC, Ex. 101, Dkt. No. 22-14, at 16.)

In a January 23, 2014 letter to the Plaintiff, Dr. Reilly stated, “The administrative team supports the decision and actions taken by Dr. Devarajan based on your insubordinate and unprofessional behavior outlined in the letter given to you on Friday, December 27, 2013.” (SAC, Ex. 10J, at 18.) In addition, the letter stated that MMC was extending the FPPR probationary period for another three months because “there have not been a sufficient number of cases to conclude the evaluation at this time.” {Id.)

Also on January 23, 2014, Dr. Reilly and Ira Roeper (“Roeper”) met with the Plaintiff to discuss her demotion. (SAC at ¶ 51.) At the meeting, Dr. Reilly allegedly “made false statements claiming that [the Plaintiff] was an incompetent [pjhysician, even though he very well knew that the statements were untrue and published the same to Mr. Ira Roeper.” {Id.)

E. The Plaintiff’s Termination

On February 22, 2014, the Plaintiff filed a charge with the United State Equal Employment Opportunity Commission (“EEOC”) under Title VII for alleged discrimination on the basis of race, color, and retaliation. (Gegwich Deck, Ex. B; see also SAC at ¶ 10.)

Subsequently, on an unspecified date, the Plaintiffs office was allegedly “ransacked.” According to the SAC, “her books and belongings were strewn all across the floor” and her “shelves were broken.” {Id. at ¶ 60.)

On August 21, 2014, MMC terminated the Plaintiffs employment. {Id. at ¶4.)

On August 29, 2014, the Plaintiff filed an amended charge with the EEOC, which added CHSIL as a Defendant. (Gegwich Deck, Ex. C; see also SAC at ¶ 10.)

On February 19, 2015, at the request of the Plaintiff, the EEOC issued to the Plaintiff a Notice of Right to Sue. (SAC, Ex. 22, Dkt. No. 22-18.)

F. The Procedural History

On April 20, 2015, the Plaintiff commenced this action against the Defendants, asserting causes of action for (i) national origin and race discrimination pursuant to 42 U.S.C. § 1981, Title VII, and NYSHRL § 296(1); (ii) retaliation under Title VII; (iii) violation of the FMLA; and (iv) “libel, slander, and intentional infliction of emotional distress.”

The complaint contained sixteen pages of allegations regarding what the Plaintiff described as “significant quality of care issues at Mercy Medical Center.” (See Compl. at ¶ 74.) Specifically, the complaint alleges failures by Dr. Devarajan in treating newborn patients. (See id. at ¶¶ 74-118.) In addition, the Plaintiff attached to the complaint two-hundred and eighty-five pages of documents, some of which include partially redacted patient records allegedly substantiating her allegations as to the quality of care issues at Mercy Medical Center. Although the Plaintiff made some redactions to these documents, many of the documents contain unredacted patient names, patient telephone numbers and addresses, medical record numbers, treatment dates, and details concerning patients’ medical care.

On May 15, 2015, the Plaintiff filed an amended complaint (“FAC”) in which she added allegations but asserted the same claims against the same Defendants. The FAC included identical allegations -with respect to the “quality of care issues at Mercy Medical Center.” (See FAC at ¶¶ 74-118.) The Plaintiff also re-attached to the FAC partially redacted patient records.

On May 27, 2015, Christopher G. Geg-wich, Esq. (“Gegwich”), an attorney for the Defendants, sent a letter to Ike Agwuegbo, Esq. (“Agwuegbo”), counsel for the Plaintiff, notifying Agwuegbo that the Plaintiffs pleadings and the documents attached to those pleadings contained information which is protected from unrestricted access by the Health Insurance Portability and Accountability Act of 1996, PL 104-191, August 21, 1996, 110 Stat 1936 (“HI-PAA”), and Fed. R. Civ. P. 5.2(a). To deal with this issue, Gegwich proposed “filing redacted versions of the pleadings and exhibits in conformance with HIPAA’s disclosure rule[.]”

Agwuegbo did not respond to Gegwieh’s May 27, 2015 letter. (Gegwich Deck, Ex. B.)

On June 2, 2015, Tony Dulgerian, Esq. (“Dulgerian”), apparently in an effort to avoid unnecessary motion practice, left a voicemail with Agwuegbo and sent him an email asking him to respond to the issues raised by Gegwich in the May 27, 2015 letter.

Later the same day, Agwuegbo sent an email to Dulgerian and Gegwich in which he stated, “I’m sorry I missed your call, I cannot agree to your proposed redaction stipulation. Your firm would have to bring a motion before the Court.” (Gegwich Deck, Ex. B.)

Subsequently, on the same day, Dulgeri-an again reached out to Agwuegbo by phone and email to meet and confer regarding the Defendants’ redaction proposal. (See id.)

Later on June 2, 2015, Agwuegbo sent an email to Dulgerian and Gegwich, in which he stated:

We have redacted all HIPAA protected information contained in the Complaint and Exhibits. The majority of redac-tions your Firm seeks, we believe are not HIPAA protected. We also believe the Court should make that determination thus preserving our futuristic options.

(Id.)

On June 16, 2015, the Defendants filed a motion pursuant to Fed. R. Civ. P. 5.2(f) and 26(c)(1)(H) to (i) seal the complaint, the amended complaint, and exhibits to those documents; and (ii) direct the Clerk of the Court or the Plaintiff to file redacted.versions of the Complaint, the amended complaint, and their exhibits in a redacted form proposed by the Defendants.

On June 17, 2015, the Defendants filed a motion pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss the amended complaint in its entirety.

On June 29, 2015, the Plaintiff filed a cross-motion to amend her complaint pursuant to Fed. R. Civ. P. 15(a)(2). In connection with her motion, the Plaintiff attached a proposed SAC, which left the allegations in her prior amended complaint largely intact and also sought to add two claims for (i) violation of Due Process under the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq. (“HCQIA”); and (ii) a hostile work environment under Title VII.

In addition, the Plaintiff attached to her motion an additional 648 pages of documents as exhibits to the SAC. Not only did the Plaintiff re-attach the partially redacted patient documents filed with her previous two complaints, but she also attached a copy of her rebuttal statement to the EEOC and its exhibits, which contain full patient names, full medical records, partial dates of birth of infant patient, MMC’s tax identification number, and other personal identifying information of MMC’s patients.

Further, on July 20, 2015, the Plaintiff filed an opposition memorandum to the Defendants’ motion to seal in which she attached 731 pages of documents, which included additional categories of partially redacted medical records of her patients.

Presently before the Court is (i) a motion by the Defendants to dismiss the amended complaint; (ii) a cross-motion by the Plaintiff to file a second amended complaint; and (iii) a motion by the Defendants to seal the complaint, amended complaint, and exhibits attached thereto.

The Court will now address each motion.

II. DISCUSSION

A. As to the Sufficiency of the Plaintiffs’ Claims

The SAC asserts the following causes of action against the Defendants: (i) national origin and race discrimination claims pursuant to 42 U.S.C. § 1981, Title VII, and NYSHRL § 296(1); (ii) a hostile work environment under Title VII; (iii) a retaliation claim under Title VII; (iv) an FMLA interference claim; (v) a Due Process claim under the HCQIA; and (vi) a claim for “libel, slander, and intentional infliction of emotional distress.”

Below, the Court will address the applicable legal standards1 and the sufficiency of each cause of action.

1. The Legal Standards

a. Rule 8

As an initial matter, the Court notes that the Plaintiffs amended complaint and proposed SAC border on violating Fed. R. Civ. P. 8(a)(2). The rule states, “[A] claim for relief must contain ... a short and plain statement of the claim showing that the pleader is entitled to relief[.]” The Second Circuit has explained:

The statement should be plain because the principal function of pleadings under the Federal Rules is to give the adverse party fair notice of the claim asserted so as to enable him to answer and prepare for trial.... The statement should be short because ‘[unnecessary prolixity in a pleading places an unjustified burden on the court and the party who must respond to it because they are forced to select the relevant material from a mass of verbiage.’

Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir.1988) (quoting 5 C. Wright & A. Miller, Federal Practice and Procedure § 1281, at 365 (1969)).

Of importance, “when a complaint does not comply with the requirement that it be short and plain, the court has the power, on its own initiative or in response to a motion by the defendant, to strike any portions that are redundant or immaterial ... or to dismiss the complaint.” Id. However, “[dismissal pursuant to the rule ‘is usually reserved for those cases in which the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised.’ ” Wynder v. McMahon, 360 F.3d 73, 80 (2d Cir.2004) (quoting Salahuddin, 861 F.2d at 42).

For example, a district court dismissed a complaint pursuant to Rule 8 because it was “disjointed and unorganized, and literally hundreds of paragraphs are irrelevant (or relevant only to claims that have already been dismissed with prejudice), repetitive, and/or contradictory.” Grimes v. Fremont Gen. Corp., 933 F.Supp.2d 584, 596 (S.D.N.Y.2013); see also Blakely v. Wells, 209 Fed.Appx. 18, 20 (2d Cir.2006) (Summary Order) (“The District Court acted within the bounds of permissible discretion in dismissing the second amended complaint for noncompliance with Rule 8(a). The pleading, which spanned 57 pages and contained 597 numbered paragraphs, was far from short or plain. Moreover, as the District Court correctly observed, much of the complaint was incoherent and did not provide Defendants with fair notice of the claims asserted against them.”).

By contrast, in Wynder, supra, the Second Circuit found that although the plaintiffs submission was “a model of neither clarity nor brevity,” his “long submission d[id] not overwhelm the defendants’ ability to understand or to mount a defense.” 360 F.3d at 79-80. Accordingly, the Circuit Court found that the complaint passed Rule 8 muster and vacated the district court’s dismissal order. Id. at 80. However, it noted that on remand, the district court could exercise its discretion to “strike redundant or immaterial matter, leaving the facially valid claims to be litigated.” Id.

In the present case, the Plaintiff, represented by counsel, filed a complaint, the FAC, and a proposed SAC, each of which exceeds fifty-seven pages and contains at least sixteen pages of identical allegations relating to the “significant quality of care issues at Mercy Medical Center.” The Plaintiff does not assert negligence claims for which MMC’s duty of care may be relevant. Rather, her claims are primarily focused on her employment and the Defendants’ alleged discriminatory acts related to her race and national origin. Therefore, the Court finds that the supposed “quality of care issues at MMC” are not relevant to the Plaintiffs claims and appear to be included for the sole purpose of attacking the reputation of the Defendants.

In addition, the pleadings appear to be a confused mixture of allegations that are not in chronological order or tied together in any kind of coherent fashion. Adding to the confusion, the Plaintiff attached 285 pages of documents to her complaint and FAC, and 648 pages of documents to the proposed SAC, which are not labelled or organized in a way that is easily accessible.

For these reasons, the Court finds that the Plaintiffs amended complaint and proposed SAC do not contain “short or plain statements” of her claims for purposes of Rule 8. However, despite the burden placed on the Court by her pleadings, the Court is able to discern the Plaintiffs theories of liability and therefore, in an abundance of caution, the Court declines to sua sponte dismiss the amended complaint and proposed SAC on the sole basis of Rule 8.

However, in its discretion, the Court strikes allegations 74 to 118 of the complaint, the FAC and the proposed SAC regarding the alleged “quality of case issues” at MMC because the Court finds that they are not relevant to this action and are highly prejudicial to the Defendants. See Fed. R. Civ. P. 12(f) (“The court may strike from a pleading an insuf-fieient defense or any redundant, immaterial, impertinent, or scandalous matter.”); see also Foreman v. Comm. Goord, No. 02 CIV. 7089(SAS), 2004 WL 385114, at *4 (S.D.N.Y. Mar. 2, 2004) (‘When a complaint does not comply with Rule 8, the court may dismiss the complaint or strike those portions that are redundant or immaterial.”).

The Court will now turn to the legal standards applicable to the Defendants’ motion to dismiss and the Plaintiffs cross-motion to amend.

b. The Motion to Dismiss

In considering a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), the Court generally “ ‘accept[s] all allegations in the complaint as true and draw all inferences in the non-moving party’s favor.’ ” LaFaro v. New York Cardiothoracic Grp., PLLC, 570 F.3d 471, 475 (2d Cir.2009) (quoting Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 300 (2d Cir.2003)). However, a complaint must plead “enough facts to state a claim to relief that is plausible on its face” to survive a 12(b)(6) motion to dismiss. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 1974, 167 L.Ed.2d 929 (2007). In particular, “[w]hile a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations ... a plaintiffs obligation to provide the ‘grounds’ of his ‘entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of a cause of action’s elements will not do.” Id.; see also Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (“[T]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.”) (citation omitted); Luna v. N. Babylon Teacher’s Org., 11 F.Supp.3d 396, 401 (E.D.N.Y.2014) (“Conclusory allegations of legal conclusions masquerading as factual conclusions will not suffice to defeat a motion to dismiss.”) (citing Achtman v. Kirby, McInerney & Squire, LLP, 464 F.3d 328, 337 (2d Cir.2006)).

In considering a motion to dismiss, a court is generally “limited to the facts as asserted within the four corners of the complaint, the documents attached to the complaint as exhibits, and any documents incorporated in the complaint by reference.” McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 191 (2d Cir.2007) (citing Taylor v. Vt. Dep’t of Educ., 313 F.3d 768, 776 (2d Cir.2002)).

In the present case, as noted above, the Plaintiff attached 648 pages of documents as exhibits to the proposed SAC. The Court has taken considerable pains to review these voluminous papers and finds that at least some of the exhibits, such as the EEOC charge and various emails regarding the Plaintiffs disciplinary history, are referenced in and relevant to the Plaintiffs claims. Thus, the Court has considered these exhibits for purposes of this motion.

However, other documents attached to ■the SAC, including unredacted or partially redacted patient records, have no bearing on the sufficiency of the Plaintiffs discrimination claims. The Court will discuss these documents in more detail in the context of the Defendants’ motions to seal. However, for purposes of the Defendants’ Rule 12(b)(6) motion, the Court does not consider these extraneous patient records because they are not relevant to the issues at hand. See Jacob’s Vill. Farm Corp. v. Yusifov, No. 14 CV 4109(PKC), 2015 WL 5693706, at *4 (E.D.N.Y. Sept. 28, 2015) (“Attached to Defendants’ motion to dismiss are documents extrinsic to the Complaint. (See Dkts. 14-4, 14-5.) Though the protective orders at issue are matters of public record, for which the Court may take judicial notice, the Court does not consider them because they are irrelevant to Plaintiffs’ PACA claims. The Court likewise does not consider Jacob’s affidavit responding to Defendants’ exhibits because it is also irrelevant to the issues raised by Defendants’ motion.”); cf. Wendell v. New York State Ins. Dept, No. 04-CV-2889 DRH/ETB, 2007 WL 2455132, at *6 (E.D.N.Y. Aug. 23, 2007) (“Plaintiff is advised that his proclivity to annex lengthy attachments to his pleadings, which are both unnecessary and irrelevant to the issues at hand, serve no purpose other than to distract from his real claims and should not be included in any further pleading.”),

c. The Motion to Amend

Where, as here, a party has already amended his or her pleadings once, Fed. R. Civ. P. 15(a)(2) governs the propriety of further amendments. The Rule states, “[A] party may amend its pleading only with the- opposing party’s written consent or the court’s leave. The court should freely give leave when justice so requires.”

The Second Circuit has interpreted Rule 15(a)(2) to mean that “[ljeave may be denied ‘for good reason, including futility, bad faith, undue delay, or undue prejudice to the opposing party.’” TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir.2014) (quoting McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir.2007)).

A proposed new pleading is futile when it “fails to state a claim on which relief can be granted.” Anderson News, L.L.C. v. Am. Media, Inc., 680 F.3d 162, 185 (2d Cir.2012). Thus, “[a]n amendment to a pleading will be futile if a proposed claim could not withstand a motion to dismiss pursuant to Rule 12(b)(6).” Dougherty v. Town of N. Hempstead Bd. of Zoning Appeals, 282 F.3d 83, 88 (2d Cir.2002) (citing Ricciuti v. N.Y.C. Transit Auth., 941 F.2d 119, 123 (2d Cir.1991)).

In the present case, the Plaintiff cross-moved to amend the FAC while the Defendants’ motion to dismiss the FAC was still pending. In such a circumstance, “the Court has ‘a variety of ways in which it may deal with the pending motion to dismiss, from denying the motion to dismiss as moot to considering the merits of the motion in light of the amended complaint.’ ” MB v. Islip Sch. Dist., No. 14-CV-4670 (SJF)(GRB), 2015 WL 3756875, at *4 (E.D.N.Y. June 16, 2015) (quoting Schwartzco Enters. LLC v. TMH Mgmt., LLC, 60 F.Supp.3d 331, 338 (E.D.N.Y.2014) (Spatt, J)).

Where, as here, the plaintiff does not seek to add new defendants and the presently named defendants have the opportunity to respond to the proposed amended complaint, courts in this Circuit have considered “the merits of the motion to dismiss ... in light of the proposed amended complaint.” Haag v. MVP Health Care, 866 F.Supp.2d 137, 140 (N.D.N.Y.2012); see also MB, 2015 WL 3756875 at *4 (same); Costello v. Town of Huntington, No. 14-CV-2061 (JS)(GRB), 2015 WL 1396448, at *1 (E.D.N.Y. Mar. 25, 2015) (“Because the proposed Amended Complaint has not added any additional parties, (see Am. Compl., Docket Entry 11-2, at ¶¶ 9-11), and because Defendant has had an opportunity to respond to the proposed Amended Complaint, the Court will consider the merits of Defendant’s motion in light of the allegations in the proposed Amended Complaint.”).

Thus, the Court will consider the merits of the Defendants’ motion to dismiss in light of the Plaintiffs proposed SAC.

2. As to the Race and National Origin Discrimination Claims

In Counts 1, 2, 3, 5, and 6 of the SAC, the Plaintiff alleges that the Defendants subjected her to discrimination on the basis of her race (African American) and her national origin (Nigerian) in violation of Section 1981, Title VII, and NYSHRL § 296.

The Defendants assert that these discrimination claims fail as a matter of law because (i) the Plaintiff cannot assert Title VII or NYSHRL claims against the Individual Defendants Drs. Devarajan and Reilly; (ii) most of the Plaintiffs claims under Title VII are time-barred; (iii) the Plaintiff failed to administratively exhaust her remedies with respect to her Title VII national origin claims; and (iv) even if true, the Plaintiffs allegations fail to state plausible race or national origin discrimination claims. (The Defs.’ Mem. of Law, Dkt. No. 21, at 11-20.)

In response, the Plaintiff (i) fails to address the Defendants’ arguments with respect to the individual Defendants and administrative exhaustion; (ii) asserts somewhat perplexingly that her Section 1981 claim is plausible by quoting from the language of 42 U.S.C. § 1988, a different statute and claim; (iii) asserts that her Title VII claims are not time-barred under the “continuing violation” doctrine; and (iv) asserts that she stated plausible claims for race and national origin discrimination. (The Pl.’s Mem. of Law, Dkt. No. 25, at 10-16.)

The Court agrees that even if true, the allegations in the SAC fail to state a plausible claim of race or national origin discrimination. Therefore, the Court need not reach the issues of individual liability, timeliness, and exhaustion.

As noted above, the SAC asserts discrimination claims under two federal statutes — Title VII and Section 1981 — and one state statute — the NYSHRL. The same framework and pleading standard governs all three statutes. See Awad v. City of New York, No. 13 CIV. 5753 BMC, 2014 WL 1814114, at *5 (E.D.N.Y. May 7, 2014) (“Discrimination claims under § 1981, § 1983, and NYSHRL are analyzed under the same framework and pleading standard as Title VII claims.”); see also Weinstock v. Columbia Univ., 224 F.3d 33, 42 (2d Cir.2000) (“The identical standards apply to employment discrimination claims brought under Title VII, Title IX, New York Executive Law § 296, and the Administrative Code of the City of New York.”); Ruiz v. Cty. of Rockland, 609 F.3d 486, 491 (2d Cir.2010) (noting that the plaintiffs “Title VII claims and his claims for race and national origin discrimination under Sections 1981 and 1983” are analyzed under the same framework). Accordingly, the Court considers the claims together in determining the sufficiency of the Plaintiffs allegations.

Title VII makes it unlawful for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(l).

To state a claim for employment discrimination under Title VII, “a plaintiff must plausibly allege that (1) the employer took adverse action against him, and (2) his race, color, religion, sex, or national origin was a motivating factor in the employment decision.” Vega v. Hempstead Union Free Sch. Dist., 801 F.3d 72, 87 (2d Cir.2015).

As to the first element, “[a] plaintiff sustains an adverse employment action if he or she endures a materially adverse change in the terms and conditions of employment.” Id. (alteration added) (quoting Galabya v. N.Y.C. Bd. of Educ., 202 F.3d 636, 640 (2d Cir.2000)). Importantly, “[a]n ‘adverse employment action’ is one which is ‘more disruptive than a mere inconvenience or an alteration of job responsibilities.’” Terry v. Ashcroft, 336 F.3d 128, 138 (2d Cir.2003) (quoting Galabya v. New York City Bd. of Educ., 202 F.3d 636, 640 (2d Cir.2000)). “Examples of materially adverse changes include ‘termination of employment, a demotion evidenced by a decrease in wage or salary, a less distinguished title, a material loss of benefits, significantly diminished material responsibilities, or other indices ... unique to a particular situation.’ ” Id. (quoting Galabya v. New York City Bd. of Educ., 202 F.3d 636, 640 (2d Cir.2000)).

With regard to the second element, “[a]t the pleadings stage, ... a plaintiff must allege that the employer took adverse action against her at least in part for a discriminatory reason, and she may do so by alleging facts that directly show discrimination or facts that indirectly show discrimination by giving rise to a plausible inference of discrimination.” Vega, 801 F.3d at 87. “An inference of discrimination can arise from circumstances including, but not limited to, ‘the employer’s criticism of the plaintiffs performance in ethnically degrading terms; or its invidious comments about others in the employee’s protected group; or the more favorable treatment of employees not in the protected group; or the sequence of events leading to the plaintiffs discharge.’ ” Littlejohn v. City of New York, 795 F.3d 297, 312 (2d Cir.2015) (quoting Leibowitz v. Cornell Univ., 584 F.3d 487, 502 (2d Cir.2009)).

Here, the Plaintiff alleges a number of allegedly discriminatory actions on the part of the Defendants, including: (i) Dr. Devarajan, her direct supervisor, denied the Plaintiffs requests for additional “moonlighting” hours, see SAC at ¶¶ 20-22; (ii) in 2010, Dr. Devarajan ordered a bed removed from the Plaintiffs office, see id. at ¶ 71; (iii) in 2011 and 2012, Dr. Devarajan denied the Plaintiffs requests for vacation, see id. at ¶¶ 23-29; (iv) beginning on December 27, 2012, the Plaintiff was placed on FPPR — a type of probation in which she was “expected to work under close supervision and is subject to frequent evaluation,” see id. at ¶¶ 33, 58; (v) in June 2013, unspecified employees, acting on the Defendants’ behalf, tampered with the locks to the Plaintiffs office, see id. at ¶ 70; (vi) in July 2013, Dr. Devarajan did not invite the Plaintiff to an NRP Recertification class, see id. at ¶ 48; (vii) in December 2013, unidentified employees hacked into the Plaintiffs computer and changed her status in MMC’s online network from doctor to nurse, see id. at ¶¶ 62, 67; (viii) on December 27, 2013, Dr. Devarajan stripped the Plaintiff of her title as Assistant Director of Neonatology, see id. at ¶ 58; (ix) in February 2014, unidentified employees, also acting on the Defendants’ behalf, threw the books in the Plaintiffs office on the floor and broke her shelves, see id. at ¶ 61; and (x) on August 21, 2014, MMC terminated the Plaintiff s employment, see id. at ¶ 4.

The Court finds that five of these alleged incidents — namely, removing the Plaintiffs bed from her office, tampering with the lock and papers in her office, failing to invite her to a training class, and interfering with her access to the MMC computer network — were isolated incidents, which took place over a number of years and resulted in temporary disruptions to the Plaintiffs work day. Thus, even if true, these incidents represent at most inconveniences and cannot plausibly be construed as “adverse actions” which materially changed the terms and conditions of the Plaintiffs employment at MMC. See Vega, 801 F.3d at 85 (“‘An adverse employment action is one which is more disruptive than a mere inconvenience or an alteration of job responsibilities.’ ”) (Terry, 336 F.3d at 138); see also Sank v. City Univ. of New York, No. 10 CIV. 4975(RWS), 2011 WL 5120668, at *9 (S.D.N.Y. Oct. 28, 2011) (“Although Plaintiff contends that the terms and conditions of her employment were changed because the reallocated storage space had been used by Sank for research, scholarly, and teaching activities, the Complaint does not contain a single allegation that Sank suffered any diminution in title, seniority, salary or other tangible benefits as a consequence of this decision.”).

There are five remaining incidents of alleged discrimination — namely, (i) Dr. De-varajan denied the Plaintiffs request for additional “moonlighting” hours from 2006 to 2011; (ii) in 2011, Dr. Devarajan denied the Plaintiffs requests for vacation on three separate occasions; (iii) beginning on December 27, 2012, Dr. Devarajan placed the Plaintiff on FPPR probation for successive three month periods until her employment was terminated on August 21, 2014; (iv) on December 27, 2013, Dr. De-varajan stripped the Plaintiff of her Assistant Director title; and (v) on August 21, 2014, MMC terminated her employment.

Even assuming that each of these incidents constitutes an adverse employment action, there are no allegations from which a jury could plausibly infer that the Defendants were at least in part motivated by the fact that the Plaintiff is African American or that she was born in Nigeria. In this regard, the Court will address each incident, in turn.

First, the Plaintiff alleges that the Dr. Devarajan treated “external moonlighters (most predominantly of Indian Descent)” more favorably than her in assigning “moonlighting” hours, as in overtime hours on nights and weekends. (SAC at ¶ 22.)

An inference of discrimination can arise from allegations showing “more favorable treatment of employees not in the protected group,” also referred to as “disparate treatment.” Littlejohn, 795 F.3d at 312 (internal quotation mark and citation omitted). “A plaintiff relying on disparate treatment evidence ‘must show she was similarly situated in all material respects to the individuals with whom she seeks to compare herself.’ ” Mandell v. Cty. of Suffolk, 316 F.3d 368, 379 (2d Cir.2003). To be similarly situated in “all material respects,” “a plaintiff must show that her co-employees were subject to the same performance evaluation and discipline standards.” Graham v. Long Island R.R., 230 F.3d 34, 40 (2d Cir.2000).

Although the question of whether an employee is similarly situated to the plaintiff is generally a question of fact for the jury to decide, courts in this Circuit have held that the plaintiff must at least plead allegations from which it is plausible to conclude that the comparators are similarly situated. See Weslowski v. Zugibe, 14 F.Supp.3d 295, 319 (S.D.N.Y.2014) (“[Although, ‘[a]t the motion to dismiss stage, ... evidence [of similarly situated comparators] is not necessary!,] ... a court still must determine whether, based on a plaintiffs allegations in the complaint, it is plausible that a jury could ultimately determine that the comparators are similarly situated.’ ”) (alteration in original) (quoting Mosdos Chofetz Chaim, Inc. v. Vill. of Wesley Hills, 815 F.Supp.2d 679, 698 (S.D.N.Y.2011)); see also Horsham v. Fresh Direct, No. 14-CV-651 (MKB), 136 F.Supp.3d 253, 266, 2015 WL 5692908, at *10 (E.D.N.Y. Sept. 28, 2015) (“Because this is only the pleading stage, and Plaintiff is pro se, there need only be a minimal showing of comparability.”); Mosdos Chofetz Chaim, Inc. v. Vill. of Wesley Hills, 815 F.Supp.2d 679, 698 (S.D.N.Y.2011) (“At the motion to dismiss stage, such evidence is not necessary; however, a court still must determine whether, based on a plaintiffs allegations in the complaint, it is plausible that a jury could ultimately determine that the comparators are similarly situated.”).

For example, in the motion to dismiss context, a district court dismissed a disparate treatment claim under Title VII where the complaint was “entirely devoid of any details regarding the purported comparators, e.g., who they are, what their positions or responsibilities were at [the company], how their conduct compared to plaintiffs’ or how they were treated differently by defendants.” Haggood v. Rubin & Rothman, LLC, No. 14-CV-34L (SJF)(AKT), 2014 WL 6473527, at *12 (E.D.N.Y. Nov. 17, 2014); see also Henry v. NYC Health & Hosp. Corp., 18 F.Supp.3d 396, 409 (S.D.N.Y.2014) (dismissing a disparate treatment claim, in part, because “the Amended Complaint does not allege that any similarly situated male employee received more favorable treatment than Henry — the Amended Complaint fails to identify, let alone describe, any purported comparator”); Kajoshaj v. City of New York, No. 11-CV-4780 (FB)(JMA), 2013 WL 249408, at *2 (E.D.N.Y. Jan. 23, 2013) aff'd sub nom., 543 Fed.Appx. 11 (2d Cir.2013) (“[W]ithout specific factual allegations concerning these allegedly similarly situated individuals, such a bare conclusion cannot survive a motion to dismiss.”).

In the present case, the SAC provides no information on the “external Moonlighters” other than stating that they are of Indian descent. Importantly, the SAC does not contain allegations concerning the “external Moonlighters” positions or titles, nor how many hours they were assigned. Such a bare allegation is far too vague and bereft of specifics to plausibly allege a claim of disparate treatment on the part of the Defendants in assigning moonlighting hours. See Mesias v. Cravath, Swaine & Moore LLP, 106 F.Supp.3d 431, 437 (S.D.N.Y.2015) (“The allegation that a non-Haitian employee could ‘borrow’ vacation days, while Plaintiff could not, also fails to render plausible an inference of discrimination. The Complaint alleges no facts demonstrating that Plaintiff was ‘similarly situated’ to her non-Haitian colleague.”); Almontaser v. New York City Dep’t of Educ., No. 13 CV 5621(ILG)(VMS), 2014 WL 3110019, at *7 (E.D.N.Y. July 8, 2014) (“Nor can plaintiff establish an inference of discrimination through allegations of disparate treatment. He does not identify a similarly-situated comparator who was treated more favorably but alleges only that older, non-Caucasian teachers were treated poorly.”); Thompson v. New York City, No. 12 CIV. 8034(PAE), 2013 WL 6409326, at *8 (S.D.N.Y. Dec. 9, 2013) (“The spare allegations in the SAC supply no nonspeculative basis to conclude that defendants treated Thompson and Sentino differently based on race.”).

Second, the Plaintiff asserts that she has sufficiently pled a disparate treatment claim based on allegations that she “would sometimes give notice of intention to take a vacation several months in advance, yet Dr. Devarajan w[ould] claim that she could not find coverage[.]” (The Pl.’s Opp’n Mem. of Law, Dkt. No. 25, at 18-19.) She also asserts that on one occasion, Dr. Devarajan “denied [her] vacation request despite a 7 month notice, only to turn around within a few days and approve Dr. Dejhalla’s (Another Neonatologist employed by [MMC] at the time) vacation request made with less than two months notice.” (Id. at 19.)

Again, the allegations in the SAC fall well short of giving rise to an inference that Dr. Devarajan’s decision to deny the Plaintiff’s requests for vacation was motivated in part by discrimination. There are no allegations that Dr. Devarajan made any explicit and implicit discriminatory comments in connection with the Plaintiffs requests for vacation. Further, even if true, the allegation that Dr. Devarajan treated Dr. Dejhalla more favorably than the Plaintiff in granting her vacation request does not plausibly suggest discrimination because the Plaintiff fails to plead facts from which a jury could conclude that (i) Dr. Dejhalla was of a different race and ethnicity than the Plaintiff; and (ii) was similarly situated to the Plaintiff in all other respects. Thus, here too, the Court finds that the Plaintiffs allegations of discriminatory treatment amount to little more than speculation.

Third, the Plaintiff asserts that the decisions by Dr. Devarajan and Dr. Reilly to place her on FPPR probation, to strip of her- of her title as Assistant Director of Neonatology at MMC, and to terminate her employment were motivated at least in part by discrimination. (See SAC at ¶¶ 147-152,160-165.)

Again, the SAC does not allege circumstances which plausibly give rise to an inference of discrimination, such as the Defendants’ “criticism of the plaintiff’s performance in ethnically degrading terms”; “invidious comments” about African American or individuals of Nigerian descent; “the more favorable treatment” of similarly situated employees not in the Plaintiffs protected group who had a similar disciplinary history; or a suggestive sequence of events leading to the Plaintiffs demotion and subsequent termination. See Littlejohn, 795 F.3d at 312.

Instead, the Plaintiff relies solely on eonclusory allegations that the Defendants acted with a discriminatory motive, without providing any allegations from which a jury could plausibly make such a conclusion. These naked assertions fall well short of pleading a plausible discrimination claim. See, e.g., Soloviev v. Goldstein, 104 F.Supp.3d 232, 249 (E.D.N.Y.2015) (“ ‘[N]aked assertions of discrimination without any specific factual allegation of a causal link between the defendants’ conduct and the plaintiffs protected characteristic are too eonclusory to withstand a motion to dismiss.’ ”) (quoting Doe v. Columbia Univ., 101 F.Supp.3d 356, 366 (S.D.N.Y.2015)); Campbell v. New York City Transit Auth., 93 F.Supp.3d 148, 173 (E.D.N.Y.2015) (“ ‘In the absence of any circumstantial evidence of discriminatory animus other than the differential treatment, the inference that the difference in treatment is attributable in part to discrimination would be based on speculation rather than on evidence or a rational inference.’”) (quoting Setelius v. Nat’l Grid Elec. Servs. LLC, No. 11-CV-5528, 2014 WL 4773975, at *18 (E.D.N.Y. Sept. 24, 2014)); DeLaurencio v. Brooklyn Children’s Ctr., Superintendent, 111 F.Supp.3d 239, 249 (E.D.N.Y.2015) (granting a motion to dismiss a Title VII gender discrimination claims because “[t]he facts do not suggest that Inganamort’s facially-neutral, albeit rude, conduct was motivated by discriminatory animus. Although it is not dispositive that all of these incidents are facially neutral, there is simply no factual basis for inferring discriminatory animus”) (emphasis in original).

Indeed, the December 19, 2013 letter from Dr. Devarajan to the Plaintiff explaining her decision to place the Plaintiff on FPPR probation and to take away her title of Assistant Director of Neonatol-ogy indicate that the Plaintiff had a long disciplinary history, which included reports of insubordination; mismanaging newborn patients and their parents; making improper remarks to colleagues; and failing to follow office protocol in treating patients. (See SAC, Ex. 8F, Dkt. No. 22-13, at 24-25.) While the Plaintiff may disagree with the clearly non-discriminatory reasons offered by Dr. Devarajan for her discipline, the existence of such a disagreement, without more, does not give rise to a cognizable discrimination claim under Title VII. See Howard v. City of New York, 602 Fed.Appx. 545, 548 (2d Cir.2015) (Summary Order) (“In sum, Howard has done little more than cite to his alleged mistreatment and ask the court to conclude that ‘it must have been related to [his] race. This is not'sufficient.’”) (quoting Lizardo v. Denny’s, Inc., 270 F.3d 94, 104 (2d Cir.2001)); Campbell v. New York City Transit Auth., 93 F.Supp.3d at 173 (“Plaintiff has done no more than point to various ways in which she feels she was mistreated and argue that it must have been because of her sex, age, or disability. This is not sufficient to sustain a claim of discrimination.”). Importantly, the Court’s “ ‘role is to prevent unlawful [employment] practices, not to act as a ‘super personnel department’ that second guesses employers’ business judgments.’ ” Byrnie v. Town of Cromwell, Bd. of Educ., 243 F.3d 93, 103 (2d Cir.2001) (parenthetically quoting Simms v. Oklahoma ex rel. Dep’t of Mental Health & Substance Abuse Servs., 165 F.3d 1321, 1330 (10th Cir.1999)).

In sum, the SAC contains little more than speculative and conclusory allegations of race and national origin discrimination, which are in many ways directly undermined by the Plaintiffs extensive disciplinary history as evidenced in the litany of documents attached to the SAC. Therefore, the Court finds that the Plaintiff has failed to state a claim for race or national original discrimination and dismisses counts 1, 2, 3, 5 and 6 of the SAC.

3. As to the Hostile Work Environment Claims

For many of the same reasons, the Plaintiffs hostile work environment claim also fails as a matter of law.

As noted, Title VII prohibits an employer from discriminating in “compensation, terms, conditions, or privileges of employment, because of [an] individual’s race, col- or, religion, sex or national origin.” 42 U.S.C. § 2000e-2(a)(l).

“ ‘The phrase ‘terms, conditions, or privileges of employment’ evinces a congressional intent ‘to strike at the entire spectrum of disparate treatment of men and women’ in employment,’ which includes requiring people to work in a discriminatorily hostile or abusive environment.” Redd v. New York Div. of Parole, 678 F.3d 166, 175 (2d Cir.2012) (quoting Harris v. Forklift Systems, Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993)).

“To establish a hostile work environment under Title VII ..., a plaintiff must show that ‘the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.’ ” Littlejohn, 795 F.3d at 320-21 (quoting Harris, 510 U.S. at 21, 114 S.Ct. 367). “This standard has both objective and subjective components: the conduct complained of must be severe or pervasive enough that a reasonable person would find it hostile or abusive, and the victim must subjectively perceive the work environment to be abusive.” Raspardo v. Carlone, 770 F.3d 97, 114 (2d Cir.2014) (quoting Harris, 510 U.S. at 21, 114 S.Ct.367). To be objectively pervasive, “[t]he incidents complained of ‘must be more than episodic; they must be sufficiently continuous and concerted in order to be deemed pervasive.’ ” Id. (quoting Alfano v. Costello, 294 F.3d 365, 374 (2d Cir.2002)). To be objectively severe, courts consider factors, such as, “the frequency of the discriminatory conduct; ... whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.” Id. (quoting Harris, 510 U.S. at 23, 114 S.Ct. 367).

For example, a court found conduct by the plaintiffs supervisors to be sufficiently severe and pervasive based on allegations that the defendant sent graphic emails to the plaintiff regarding his genital pain, circulated the emails among staff and hung them in the mail room, and other individuals frequently “grabb[ed] their testicles” in front of the plaintiff and “ma[d]e comments such as ‘good luck making kids with that package,’ and winking and laughing at him.” Davis v. Vermont, Dep’t of Corr., 868 F.Supp.2d 313, 329 (D.Vt.2012); see also Zavala v. Cornell Univ., 9 F.Supp.3d 213, 220 (N.D.N.Y.2014) (“The Complaint states facts sufficient to proceed on a hostile work environment claim; Plaintiff has alleged that actions taken by Huijts and Butler, including their threats regarding Plaintiffs use of internal human resources mechanisms, unreasonably interfered with Plaintiffs job performance. With knowledge of Plaintiffs mobility limitations, Defendant took away Plaintiffs vehicle, forcing him to arrange rides with other team members to and from work sites. When Plaintiff requested accommodation to work on less walking-intensive jobs, Butler responded by assigning Plaintiff to tasks that required more walking.”).

By contrast, the Second Circuit affirmed a district court’s Rule 12(b)(6) dismissal of a hostile work environment claim because the Circuit Court found that the plaintiff put forth evidence of only one racial comment and “her other allegations are generally quite minor — she alleges that defendants wrongly excluded her from meetings, excessively criticized her work, refused to answer work-related questions, arbitrarily imposed duties outside of her responsibilities, threw books, and sent rude emails to her.” Fleming v. MaxMara USA, Inc., 371 Fed.Appx. 115, 119 (2d Cir.2010) (Summary Order); see also Littlejohn, 795 F.3d at 321 (affirming the dismissal of a hostile work environment claim because it found that the plaintiffs allegations- — namely, that the plaintiffs supervisors made “negative statements” about him, took a harsh tone toward him, replaced him at a meeting with another employee, wrongfully reprimanded him, and increased his work load — “could not support a finding of hostile work environment that is so severe or pervasive as to have altered the conditions of Littlejohn’s employment.”).

Here, the Plaintiff seeks to add a hostile work environment claim to the SAC based on allegations that the Defendants: (i) in 2010, temporarily removed a bed from her office; (iii) in June 2013, tampered with her office keys and locks; (iv) in December 2013, changed her status in MMC’s computer system from doctor to nurse; (v) in December 2013, allowed an unidentified employee to hack into her email account and send “spam” messages to other employees; (vi) in February 2014, broke bookshelves in her office and threw “her belongings all over the office floor”; and (vii) in August 2014, terminated her employment. {See SAC ¶¶ 60-69, 70-72, 182.)

The Defendants assert that (i) these allegations even if true, are not objectively severe or pervasive and therefore, fail to state a plausible hostile work environment claim; (ii) the SAC provides no basis to believe that any of the actions complained of were undertaken by the Defendants; and (iii) the SAC and the documents attached to the SAC show that the Defendants adequately responded to all of the Plaintiffs complaints. (The Defs.’ Opp’n Mem. of Law, Dkt. No. 30, at 11-16.)

The Plaintiff does not coherently address any of these arguments by the Defendants and instead merely restates the allegations in the SAC. {See the Pl.’s Reply Mem. of Law, Dkt. No. 31, at 5-8.)

The Court agrees with the Defendants that the Plaintiff does not allege that the Defendants’ conduct was severe or pervasive and therefore, there is no need to reach their remaining contentions.

The Plaintiffs hostile work environment claim is premised on seven alleged actions by the Defendants which took place sporadically over a period of four years and appear to have no connection with each other. Furthermore, none of the allegations are explicitly race or ethnically-based, and they are composed of relatively minor and temporary inconveniences— such as, problems with the locks to her office and her computer access, as well as, interference with supplies and furniture in her office — which even if' true, do not plausibly suggest that MMC was “permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the [the Plaintiffs] employment and create an abusive working environment.” Littlejohn, 795 F.3d at 320-21 (alteration added) (quoting Harris, 510 U.S. at 21, 114 S.Ct. 367).

Accordingly, the Court finds that the Plaintiffs proposed amendment adding a hostile work environment claim is futile and denies the Plaintiffs motion to amend with respect to that claim. • See Mesias v. Cravath, Swaine & Moore LLP, 106 F.Supp.3d 431, 439 (S.D.N.Y.2015) (“Plaintiff alleges that she was subjected to two inappropriate comments regarding her age and gender, that she was unab