Factual Allegations Matrix, based in Hawthorne New York, handles various leave and absence claims- including short-term disability (“STD”) and Family and Medical Leave Act (“FMLA”) leave- for employers who are its clients. 1), construed in the light most favorable to Plaintiff, and are presumed to be true for purposes of this motion. BACKGROUND The facts in this section are taken from Plaintiff’s Complaint (ECF No. 10.) For the reasons that follow, Defendant’s motion is GRANTED and Plaintiff’s claims are dismissed without prejudice. Presently before the Court is Defendant’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (“Matrix”), discriminated against her because of her age and retaliated against her when she reported a superior’s age-related comments about another employee to Human Resources. §§ 621-634 and the New York State Human Rights Law (“NYSHRL”), alleging that her former employer, Matrix Absence Management, Inc. ROMÁN, United States District Judge Plaintiff brings this pro se action under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. 19-cv-11798 (NSR) OPINION & ORDER -againstMATRIX ABSENCE MANAGEMENT, INC., Defendant. 15 Case 7:19-cv-11798-NSR Document 15 Filed 09/14/21 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOAN SCOTT-MONCK, Plaintiff, No. Transmission to Orders and Judgments Clerk for processing. ) (Signed by Judge Nelson Stephen Roman on ) (va) Transmission to Docket Assistant Clerk for processing. 10, (2) mail a copy of this opinion and order to pro se Plaintiff at the address on ECF, and (3) show service on the docket. The Clerk of Court is directed to (1) terminate the motion at ECF No. If Plaintiff files an amended complaint, Defendant shall answer or seek leave to file a no n-duplicative motion on or before November 5, 2021. F ailure to file an amended complaint within the time allowed, and without good cause, will result in the dismissal of Plaintiff's claims with prejudice. If she chooses to do so, Plaintiff has until Octoto file her amended complaint. The Court, however, grants Plaintiff leave to file an amended complaint in accordance with this Opinion and Order. For the foregoing reasons, Defendants' motion to dismiss P laintiff's Complaint is GRANTED. Court Description: OPINION & ORDER re: 10 MOTION to Dismiss the Complaint with Prejudice pursuant to Federal Rules of Civil Procedure 12(b)(6) filed by Matrix Absence Management, Inc.

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