Villavicencio v. New York City Department of Education et al
| Christina Villavicencio |
| New York City Department of Education and Elif Gure-Perez |
| 1:2014cv00889 |
| February 10, 2014 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Joan M. Azrack |
| Jack B. Weinstein |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
24
MEMORANDUM, ORDER & JUDGMENT granting defendant's motion for summary judgment on Villavicencio' s Section 1983 claim and denying it on her Section 1981 claim. Trial is set for January 27, 2015. A jury will be selected before a magist rate judge at 9:30 a.m. on January 26, 2015. In limine motions will be heard on January 20, 2015 at 10:00 a.m. By January 13, 2015, the parties shall submit to the court proposed jury charges and verdict sheets, in limine motions, and any supporting briefs; they shall exchange and file with the court: (1) lists of pre-marked exhibits proposed for use at trial, together with copies of all exhibits; (2) lists of proposed witnesses together with brief summaries of their proposed t estimony; and (3) stipulations with respect to all undisputed facts. Disputes related to briefing schedules or discovery are respectfully referred to the magistrate judge. Either party may seek further discovery from the magistrate judge in view of the issues to be tried pursuant to this order. Ordered by Judge Jack B. Weinstein on 10/30/2014. (Barrett, C)
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Filing
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MEMORANDUM, ORDER & WITHDRAWAL OF 16 DISMISSAL. In an oral opinion on a motion for summary judgment, argued on October 2, 2014, the court dismissed the case. The case may have been improperly dismissed. Ex mero motu,, the court now acts to correct a possible injustice. The motion for summary judgment on Villavicencio's 42 U.S.C. § 1981 retaliation claim will be reargued on October 23, 2014 at 10:00 a.m. Ordered by Judge Jack B. Weinstein on 10/8/2014. (Barrett, C)
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Filing
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MEMORANDUM & ORDER granting in part and denying in part 7 Motion to Dismiss. Defendants' motion to dismiss the complaint on the ground of improper service is denied. Plaintiff's claims under New York City Human Rights Law ("NYCHRL&qu ot;), N.Y.C. Admin. Code § § 8-101 et seq., are deemed abandoned. ("Because plaintiff did not address defendant's motion to dismiss with regard to this claim, it is deemed abandoned and is hereby dismissed.")). In accordance with the court's ruling in Lovejoy regarding the propriety of dismissing defendant New York City Department of Education ("DOE") on the basis that no discovery was taken regarding Monell liability, all claims made by Villavicencio against defendant DOE are dismissed as abandoned. Summ J. Hr'g Tr. 9:5-8, Feb. 18, 2014. Defendant DOE will be removed from the caption of the case. Ordered by Judge Jack B. Weinstein on 10/7/2014. (Barrett, C)
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