Shearon v. Comfort Tech Mechanical Co., Inc.

Justia Dockets & Filings Second Circuit New York Eastern District Shearon v. Comfort Tech Mechanical Co., Inc.

Shearon v. Comfort Tech Mechanical Co., Inc.

Plaintiff:	David Shearon
Defendant:	Comfort Tech Mechanical Co., Inc.
Case Number:	1:2012cv00096
Filed:	January 9, 2012
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Roanne L. Mann
Presiding Judge:	William F. Kuntz
Nature of Suit:	Civil Rights: Americans with Disabilities - Employment
Cause of Action:	42 U.S.C. § 1201 Civil Rights (Disability)
Jury Demanded By:	Plaintiff

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
March 31, 2014	Filing 25 MEMORANDUM AND ORDER: Defendant's Motion to Dismiss Plaintiff's fraud and misrepresentation claim is GRANTED, and the claim is dismissed without prejudice. The parties are directed to proceed with discovery on Plaintiff's ADA claim. Ordered by Judge William F. Kuntz, II on 3/31/2014. (Brucella, Michelle)
March 28, 2013	Filing 16 MEMORANDUM AND ORDER: Plaintiff's state common law claims for unjust enrichment, quantum meruit, and negligent infliction of emotional distress are dismissed without prejudice as preempted by the LMRA and for failure to exhaust the grievance remedies required under the CBA. Plaintiff's proposed claim for breach of the CBA is also rejected as futile. The Court directs Plaintiff to pursue and exhaust available arbitration and grievance procedures under the CBA prior to reasserting his quasi-contract claims, read as claims under Section 301 of the LMRA, or seeking leave to amend to add a claim under the LMRA for breach of the CBA. The Court dismisses Plaintiff's state statutory claims for violations of the New York Sta te Human Rights Law and the New York City Human Rights Law with prejudice. Plaintiff's proposed claims for breach of ERISA obligations and breach of fiduciary duty are rejected as futile and dismissed with prejudice. Ordered by Judge William F. Kuntz, II on 3/27/2013. (Brucella, Michelle)

Date Filed

Document Text

March 31, 2014

Filing 25 MEMORANDUM AND ORDER: Defendant's Motion to Dismiss Plaintiff's fraud and misrepresentation claim is GRANTED, and the claim is dismissed without prejudice. The parties are directed to proceed with discovery on Plaintiff's ADA claim. Ordered by Judge William F. Kuntz, II on 3/31/2014. (Brucella, Michelle)

March 28, 2013

Filing 16 MEMORANDUM AND ORDER: Plaintiff's state common law claims for unjust enrichment, quantum meruit, and negligent infliction of emotional distress are dismissed without prejudice as preempted by the LMRA and for failure to exhaust the grievance remedies required under the CBA. Plaintiff's proposed claim for breach of the CBA is also rejected as futile. The Court directs Plaintiff to pursue and exhaust available arbitration and grievance procedures under the CBA prior to reasserting his quasi-contract claims, read as claims under Section 301 of the LMRA, or seeking leave to amend to add a claim under the LMRA for breach of the CBA. The Court dismisses Plaintiff's state statutory claims for violations of the New York Sta te Human Rights Law and the New York City Human Rights Law with prejudice. Plaintiff's proposed claims for breach of ERISA obligations and breach of fiduciary duty are rejected as futile and dismissed with prejudice. Ordered by Judge William F. Kuntz, II on 3/27/2013. (Brucella, Michelle)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Shearon v. Comfort Tech Mechanical Co., Inc.
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: David Shearon
Represented By:	Michael Lynn Ferch
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Comfort Tech Mechanical Co., Inc.
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?