Gorbea v. Verizon NY Inc
| Sonya Gorbea |
| Verizon NY Inc |
| 1:2011cv03758 |
| August 2, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Kiyo A. Matsumoto |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 Job Discrimination (Public Accomodations) |
| Plaintiff |
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Filing
67
ORDER granting 48 Motion in Limine; granting in part and denying in part 49 Motion in Limine; denying 50 Motion in Limine. For the reasons stated in the attached Memorandum and Order, plaintiff's motion in limine is denied, defendant� 39;s motion in limine to exclude previously dismissed claims is granted, and defendant's motion in limine to exclude certain claims on the basis of res judicata or collateral estoppel is granted in part and denied in part. Only the following cl aims will, therefore, be tried in this case: 1) whether defendant failed to accommodate plaintiff's alleged disability related to her back, in violation of the Americans with Disabilities Act (ADA) and New York City Human Rights Law (NYCHRL) (th e court previously determined that plaintiff is not disabled due to back-related limitations in the major life activity of working); and 2) whether plaintiff was suspended from her job in October of 2010 in retaliation for requesting certain accommod ations, in violation of the ADA only. The final pre-trial conference in this case will take place, as previously scheduled, on July 9, 2014. The parties shall submit joint revised proposed jury charges consistent with the remaining claims no later than July 1, 2014.. Ordered by Judge Kiyo A. Matsumoto on 6/25/2014. (Keefe, Reed)
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Filing
46
ORDER denying 26 Motion for Summary Judgment; granting in part and denying in part 36 Motion for Summary Judgment. For the reasons stated in the attached Memorandum and Order, there are genuine issues of material fact regarding plaintiff's accommodation claim as to her back impairment and her retaliation claims as to her suspension. Therefore, both plaintiff and defendant's motions for summary judgment are denied on these issues, and defendant's motion is granted to the extent described in the Memorandum and Order. The parties shall appear for a status conference on April 2, 2014 at 12pm to discuss pretrial matters and a May trial date. Ordered by Judge Kiyo A. Matsumoto on 3/10/2014. (Keefe, Reed)
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Filing
3
MEMORANDUM AND ORDER: Plaintiff's application establishes that she has sufficient resources to pay the $350 filing fee to commence this action, and her 2 request to proceed IFP is therefore denied. Accordingly, plaintiff must pa y the $350 filing fee within 14 days of the date of this Order in order to proceed further. No summons shall issue at this time and all further proceedings shall be stayed for 14 days or until plaintiff has complied with this Order. If plaint iff fails to pay the filing fee within the time allowed, the instant complaint shall be dismissed without prejudice. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore IFP sta tus is denied for the purpose of any appeal. The Clerk of Court is directed to serve a copy of this Memorandum and Order on plaintiff and note service on the docket. SO ORDERED by Judge Kiyo A. Matsumoto, on 8/11/2011. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa)
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| Defendant: Verizon NY Inc | |
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| Plaintiff: Sonya Gorbea | |
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