Reyes v. Phoenix Beverages, Inc.

Reyes v. Phoenix Beverages, Inc.

Plaintiff:	Eddy Reyes
Defendant:	Phoenix Beverages, Inc.
Case Number:	1:2013cv05588
Filed:	October 9, 2013
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Pamela K. Chen
Presiding Judge:	Vera M. Scanlon
Nature of Suit:	Family and Medical Leave Act
Cause of Action:	28 U.S.C. § 1331 Fed. Question
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
October 13, 2016	Filing 70 ORDER granting in part and denying in part 67 Motion for Reconsideration: For the reasons stated in the attached Memorandum & Order, the Court GRANTS the portion of Defendant's reconsideration motion regarding whether prolonged walking or sta nding are essential functions of Plaintiff's job; there is a genuine issue of material fact as to that question, which shall be presented at trial, in addition to the claims and issues identified in the Court's 65 MSJ Order. But the Court DENIES Defendant's motion for reconsideration in all other respects. The parties are still required to submit a proposed joint pre-trial order no later than November 4, 2016. Ordered by Judge Pamela K. Chen on 10/13/2016. (Levanon, Neta)
September 15, 2016	Filing 65 ORDER denying 43 55 Cross-Motions for Summary Judgment: For the reasons stated in the attached Memorandum & Order, the Court DENIES both parties' motions for summary judgment, as to both Plaintiff's FMLA interference and NYCHRL claims. The parties shall proceed to trial on those claims. At trial, Defendant will be precluded from arguing that (1) prolonged walking or standing were essential functions of Plaintiff's sales representative position, and (2) its January 25, 2013 l etter to Plaintiff's doctors constituted notice of any fitness-for-duty certification requirement under the FMLA. Plaintiff will be precluded at trial from pursuing his NYCHRL claim on the basis of Defendant's failure (1) to provide reason able accommodation or (2) to engage in a good faith interactive process to identify such an accommodation. The parties shall submit a proposed joint pre-trial order no later than November 4, 2016. Ordered by Judge Pamela K. Chen on 9/15/2016. (Levanon, Neta)

Date Filed

Document Text

October 13, 2016

Filing 70 ORDER granting in part and denying in part 67 Motion for Reconsideration: For the reasons stated in the attached Memorandum & Order, the Court GRANTS the portion of Defendant's reconsideration motion regarding whether prolonged walking or sta nding are essential functions of Plaintiff's job; there is a genuine issue of material fact as to that question, which shall be presented at trial, in addition to the claims and issues identified in the Court's 65 MSJ Order. But the Court DENIES Defendant's motion for reconsideration in all other respects. The parties are still required to submit a proposed joint pre-trial order no later than November 4, 2016. Ordered by Judge Pamela K. Chen on 10/13/2016. (Levanon, Neta)

September 15, 2016

Filing 65 ORDER denying 43 55 Cross-Motions for Summary Judgment: For the reasons stated in the attached Memorandum & Order, the Court DENIES both parties' motions for summary judgment, as to both Plaintiff's FMLA interference and NYCHRL claims. The parties shall proceed to trial on those claims. At trial, Defendant will be precluded from arguing that (1) prolonged walking or standing were essential functions of Plaintiff's sales representative position, and (2) its January 25, 2013 l etter to Plaintiff's doctors constituted notice of any fitness-for-duty certification requirement under the FMLA. Plaintiff will be precluded at trial from pursuing his NYCHRL claim on the basis of Defendant's failure (1) to provide reason able accommodation or (2) to engage in a good faith interactive process to identify such an accommodation. The parties shall submit a proposed joint pre-trial order no later than November 4, 2016. Ordered by Judge Pamela K. Chen on 9/15/2016. (Levanon, Neta)

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Defendant: Phoenix Beverages, Inc.
Represented By:	Eugene T. D'Ablemont
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Plaintiff: Eddy Reyes
Represented By:	Mark L. Lubelsky
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