Curran v. Teachers Retirement System, (2nd Cir. 2007)

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05-5703-cv

C u r ra n v. Teachers Retirement System

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER

Rulings by summary order do not have precedential effect. Citation to summary

orders filed after January 1, 2007, is permitted and is governed by this court's Local Rule

32.1 and Federal Rule of Appellate Procedure 32.1. In a brief or other paper in which

litigant cites a summary order, in each paragraph in which a citation appears, at least one

citation must either be to the Federal Appendix or be accompanied by the notation:

"(summary order)." A party citing a summary order must serve a copy of that summary

order together with the paper in which the summary order is cited on any party not

represented by counsel unless the summary order is avialble in an electronic database which

is publicly accessible without payment of fee (such as the database available at

http:// www.ca2 .uscourts.gov/). If no copy is served by reason of the availability of the

order on such a database, the citation must include reference to that database and the docket

number of the case in which the order was entered.

At a stated term of the United States Court of Appeals for the Second Circuit, held

at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of

New York, on the 21st day of September, Two thousand seven.

PRESENT:

RO G E R J. MINER

JOS É A. CABRANES

CH E S T E R J. STRAUB

Circuit Judges

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AL L A N D. CURRAN,

Plaintiff-Appellant,

v. No. 05-5703-cv

TE A C H E R S RETIREMENT SYSTEM OF THE CITY OF NEW YORK,

UN I T E D FEDERATION O F TEACHERS

Defendants-Appellees.

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APPEARING FOR APPELLANT: AL L A N D. CURRAN, pro se, Yonkers, NY.

FOR APPELLEES: SU S A N PAULSON, Kelley Drye & Warren LLP, New York, NY, for Defendant-Appellant Teachers Retirement System of the City of New York.

CH RI S T O P H E R CALLAGY, New York State United Teachers, New York, NY (James R.

Sandner, on the brief; Neil J. Dudich, of counsel), for Defendant-Appellant United Federation of Teacher s.

Appeal from a judgment of the United States District Court for the Southern District of New York (Deborah A. Batts, Judge).

UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is hereby AFFIRMED.

Plaintiff-appellant Allan D. Curran appeals pro se from a District Court judgment dismissing his complaint with prejudice. Curran alleges that defendants discriminated against him on the basis of sex by using sex-neutral mortality tables to calculate his retirement benefits. As relief, he asks this Court to reexamine and reverse two Supreme Court decisions validating the use of genderneutral mortality tables. See City of Los Angeles, Dep't of Water and Power v. Manhart, 435 U.S. 702 (1978) and Arizona Governing Comm. for Tax Deferred Annuity and Deferred Compensation Plans v. Norris, 463 U.S. 1073 (1983). We assume the parties' familiarity with the facts and the procedural history of the case.

We review a district court's denial of a motion to dismiss de novo, "accepting as true the material facts alleged in the complaint and drawing all reasonable inferences in plaintiff['s] favor." Iqbal v. Hasty, 490 F.3d 143, 152 (2d Cir. 2007) (internal quotation marks omitted). Reviewing the record and the relevant law, we detect no error in the District Court's July 26, 2005 Memorandum and Order.

Accordingly, we AFFIRM the judgment of the District Court, substantially for the reasons stated by Judge Batts in her Memorandum and Order of July 26, 2005.

FOR THE COURT, Catherine O'Hagan Wolfe, Clerk of Court By

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