Wharton v. County of Nassau et al
| 2:2010cv00265 |
| January 15, 2010 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| E. Thomas Boyle |
| Joanna Seybert |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
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Filing
148
ORDER re 146 Settlement Dispute. For the reasons set forth in the attached Order, this Court finds that Plaintiff has, as required by the parties' agreed upon settlement agreement, actually retired from his position with the County. He has don e so by submission of the appropriate paper work, as set forth in the parties' agreement. At this point, having filed the precise submissions required by the settlement agreement, Plaintiff is entitled to payment. So Ordered by Magistrate Judge Anne Y. Shields on 12/6/2016. (Demosthenous, Dina)
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Filing
134
MEMORANDUM & ORDER granting in part and denying in part 127 Motion for Judgment as a Matter of Law; For the foregoing reasons, Defendants' motion for judgment as a matter of law, or in the alternative, for a new trial, is GRANTED IN PART and DENIED IN PART. Specifically, Defendants' motion for judgment as a matter of law is GRANTED solely with respect to defendant Ostermann, and the jury's $15,000 punitive damages award issued against her is VACATED. In addition, Defendan ts' motion for a new trial concerning compensatory damages will be granted unless Wharton agrees to a remitter reducing the compensatory damages award to $60,000. Wharton is therefore directed to inform the Court within thirty (30) days of the date of this Memorandum & Order whether he will consent to a remitter of the total damages award (including the uncontested $30,000 punitive damages award) from $420,000 to $90,000. So Ordered by Judge Joanna Seybert on 7/30/2015. C/ECF (Valle, Christine)
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Filing
79
MEMORANDUM & ORDER re: 72 Defendants' Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. It is GRANTED with regard to Plaintiff's: (1) negligence claim; (2) Title VII discrimination and retaliation claims based upon time-b arred events; (3) Title VII discrimination claims based on Plaintiff's requests for time off, requests for use of the inmate chapels, and failure to promote because such events are not adverse employment actions sufficient to support a discrimin ation claim; (4) Title VII claim for racial discrimination; (5) Title VII retaliation claim based upon denial of inmate chapels and actions with respect to the EAP Unit, as these are not adverse actions sufficient to support a retaliation claim; (6) state law claims against the County and the Department for Plaintiff's failure to timely serve a notice of claim; (7) hostile work environment claim under the NYSHRL; and state law claim for intentional infliction of emotional distress. Defendan ts' motion is otherwise DENIED. In accordance with this Court's Order dated 5/29/12 [D.E.62], the parties shall file a Joint Pre-Trial Order within 21 days of the date of this Order. This matter is REFERRED to Magistrate Judge A. Kathleen Tomlinson to resolve any remaining pretrial issues and to determine whether this action is ready for trial. Ordered by Judge Joanna Seybert on 9/10/2013. (Nohs, Bonnie) (Main Document 79 replaced on 9/10/2013) (Valle, Christine).
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Filing
57
ORDER denying 54 Motion to Compel; denying 55 Motion to Compel: Plaintiff's motion to compel is denied as untimely, as well as being without merit. Defendants' cross-motion to compel, contained in their opposition to plaintiff's letter motion, is denied for the same reasons and is also denied as a prohibited cross-motion in a letter application. So Ordered by Magistrate Judge E. Thomas Boyle on 3/29/2012. (Minerva, Deanna)
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Filing
33
MEMORANDUM AND ORDER denying 12 Motion for Default Judgment. For the reasons set forth herein, Plaintiff's motion for a default judgment is DENIED and Defendants' Answer is DEEMED TIMELY FILED. So Ordered by Judge Joanna Seybert on 11/22/10. C/ECF (Valle, Christine)
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