Judge Thomas Griesa
Danser was a vice president at Bagir International Inc. He sued Bagir, its corporate parents, and executives thereof, arguing that he was passed over for promotion and forced out of Bagir because he was not Jewish or Israeli. Despite conceding execution of a Dec. 17, 2010, separation agreement and general release, Danser asserted that agreement's breach by defendants' failure to comply with the federal COBRA health insurance law, use of his personal credit cards for Bagir's business expenses, and failure to send his IRS Form 1099 in a timely manner. District court dismissed suit. In addition to dismissing claims based on defendants' conduct before Dec. 17, 2010, it concluded that despite making conclusory statements about defendants' alleged misconduct, Danser neither stated how such misconduct breached the agreement, nor provided facts underlying the alleged breach. Danser pleaded no facts supporting his claim that defendants did not comply with COBRA, and he conceded the Form 1099's receipt. The court observed that although Danser's claim that Bagir used his personal credit cards for business expenses sounded like credit card fraud, it was insufficient to state a claim for breach of the separation agreement.
