Kosack v. Entergy Enterprises, Inc. et al
| Jay Kosack |
| Entergy Enterprises, Inc., Entergy Nuclear Operations, Inc., Entergy Services, Inc. and Entergy Nuclear Northeast |
| 7:2014cv09605 |
| December 4, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Dutchess |
| Vincent L. Briccetti |
| Americans with Disabilities - Employment |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
115
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Vincent L. Briccetti, United States District Judge, the jury having returned a verdict in favor of Defendant, and the Complaint is hereby dismissed. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/9/2019) (mml)
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Filing
112
ORDER granting 104 Motion in Limine; granting 107 Motion in Limine. It is HEREBY ORDERED: 1. Defendant's motion in limine to preclude evidence or testimony regarding the alleged cause of plaintiffs' disability is GRANTED. (Doc. #104) . 2. Defendant's motion in limine to preclude evidence or testimony regarding claims previously dismissed is GRANTED. (Doc. #107). 3. The clerk is instructed to terminate the motions. (Docs. ## 104, 107). 4. Jury selection and trial is scheduled for December 2, 2019, at 9:30 a.m. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/22/19) (yv)
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Filing
94
OPINION AND ORDER re: 74 MOTION for Summary Judgment filed by Entergy Nuclear Operations, Inc., Entergy Nuclear Northeast, Entergy Enterprises, Inc., Entergy Services, Inc. Plaintiff either withdrew or did not oppose defendant s' motion for summary judgment as to his ERA, FMLA, and NYSHRL claims related to his work in the Security Department, and his FMLA and ERA claims related to the HCM process. Plaintiff's ERA claim related to the receipt inspector position is time-barred. Accordingly, these claims are DISMISSED. Defendants' motion for summary judgment is GRANTED as to plaintiff's (i) ADA disparate treatment claim related to his work in the Security Department; (ii) ADA discrimination claim rel ated to the HCM process; (iii) ADA and NYSHRL failure to accommodate claims related to the receipt inspector position; (iv) FLSA claim for unpaid overtime; (v) ADA and NYSHRL retaliation claims related to his termination; and (vi) FMLA interference claim. Accordingly, these claims are DISMISSED. Defendants' motion for summary judgment is DENIED as to plaintiff's ADA and NYSHRL claims for disability discrimination and failure to accommodate in connection with his termination. All cou nsel are directed to appear at a case management conference on March 4, 2019, at 11:30 a.m., at which time the Court will set a trial date and a schedule for pretrial submissions. By February 25, 2019, the parties shall submit a joint pretrial orde r in accordance with the Court's Individual Practices. The Clerk is instructed to terminate the motion. (Doc. #74). SO ORDERED. (Pretrial Order due by 2/25/2019. Case Management Conference set for 3/4/2019 at 11:30 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 1/25/2019) (mml)
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