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Jones v. Cattaraugus-Little Valley Central Sch. Dist.

Court Dismisses as Untimely an Action Brought Under the Child Victims Act

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DECISION AND ORDER I. INTRODUCTION In this action, Plaintiff Brittany Jones seeks damages from her former school district for the harms she suffered when a teacher had a sexual relationship with her when she was fifteen and sixteen years old. Before this Court is Defendant Cattaraugus-Little Valley Central School District’s motion for summary judgment, which Plaintiff opposes. (Docket No. 39.) Also before this Court are Plaintiff’s motions for discovery sanctions and for a hearing on her motion for sanctions. (Docket Nos. 68, 76.) The District opposes these motions. For the reasons set forth below, Defendant’s motion is granted, and Plaintiff’s motions are denied. II. BACKGROUND Unless otherwise noted, the following facts are undisputed for purposes of the motion for summary judgment. This Court takes the facts in the light most favorable to Plaintiff, the non-moving party. See Mitchell v. City of New York, 841 F.3d 72, 75 (2d Cir. 2016) (at summary judgment, a court “views the evidentiary record in the light most favorable to…the non-moving party”). Plaintiff Brittany Jones was a student in the District between 2009 and 2011. (Docket No. 39-15, 12.) Timothy Retchless was a teacher in the District from 2000 until his resignation in 2011. (Id.,

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