Wu v. Metro-North Commuter Railroad Company et al
| Tony Wu |
| Metro-North Commuter Railroad Company and Jim Haw |
| 1:2014cv07015 |
| August 28, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Nassau |
| Laura Taylor Swain |
| Americans with Disabilities - Employment |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
158
MEMORANDUM OPINION AND ORDER re: 146 MOTION to Preclude and Strike the Declarations of Jack Sim, Bradley Liu, Shaoming Chang, and Pamela Sokolosky Pursuant to Fed. R. Civ. P. 37(c)(1) and Fed. R. Civ. P. 56(c)(2), and for Attorney's F ees and Costs. filed by Metro-North Commuter Railroad Company, Jim Haw, 97 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(a). filed by Metro-North Commuter Railroad Company, Jim Haw. For the foregoing reasons, the C ourt grants Defendants motion to strike the declarations of Jack Sim, Bradley Liu, Shaoming Chang and Pamela Sokolosky. Defendants are awarded their reasonable attorneys' fees and costs in connection with their motion to strike and must file t heir properly-supported application for such fees and expenses within 21 days of the date of this Memorandum Opinion and Order. Any objection to the fee and expense application must be filed within 14 days thereafter. Any reply must be filed within seven days after the objection is filed. Courtesy copies of all filings must be provided for Chambers. The Court grants Defendants' motion for summary judgment in its entirety, and Plaintiff's Amended Complaint is hereby dismissed. The C lerk of Court is directed to enter judgment in Defendants' favor and to close this case. This Memorandum Opinion and Order resolves Docket Entry Nos. 97 and 146. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 8/4/2016) (cf)
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Filing
87
MEMORANDUM OPINION AND ORDER re: 31 MOTION to Dismiss Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6). filed by Metro-North Commuter Railroad Company, Jim Haw. In light of the foregoing, the Court grants Defendant Haw's moti on seeking dismissal of Plaintiff's Sixth Cause of Action for unlawful retaliation in violation of the First Amendment insofar as that Cause of Action is based on Plaintiff's October 15, 2012, July 25, 2013, and March 14, 2014, complaints. The Court further grants Haw's motion to the extent it seeks dismissal of the Fifth Cause of Action asserting Plaintiff's Fourteenth Amendment Equal Protection Clause claim. The Court denies Haw's motion to the extent that it seeks dis missal of the Sixth Cause of Action based on Plaintiff's October 30, 2013, charge filed with the EEOC. This Memorandum Opinion and Order resolves docket entry number 31. The final pretrial conference in this matter will be held on Friday, Februa ry 19, 2016, at 11:30 a.m. in Courtroom 12D. The parties are reminded to make their submissions in accordance with the pretrial scheduling order entered in this case. (Docket Entry No. 23.) SO ORDERED. (As further set forth within this Opinion.) (Final Pretrial Conference set for 2/19/2016 at 11:30 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 9/22/2015) (ajs)
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