Warshun et al v. New York Community Bancorp, Inc. et al
| Kathleen Warshun and Lynette Tiger |
| Joseph Ficalora, Cynthia Flynn, New York Community Bancorp, Inc., Robert Wann, New York Community Bank and William Disalvatore |
| 2:2013cv01018 |
| February 26, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Arthur D. Spatt |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
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Filing
33
MEMORANDUM OF DECISION AND ORDER, Case Associated - It is hereby, ORDERED, that the Defendants motion to consolidate Case Numbers 12CV2285 (the Garnett-Bishop Action); 13CV1018 (the Warshun Action); 13CV1049 (the Cappello Action); 13CV1161 (the Coop er Jones Action); and 13CV2228 (the Zielinski Action) is granted; and it is further ORDERED, that the Clerk of the Court is directed to (1) consolidate the five actions set forth above under Case Number 12CV2285 and (2) close Case Numbers 13CV1018, 1 3CV1049, 13CV1161 and 13CV2228; and it is further ORDERED, that the consolidated action shall hereinafter be referred to as Garnett Bishop, et al. v. New York Community Bancorp, Inc., et al. and shall proceed under Case Number 12-CV2285. All filings are to be made only under Case Number 12CV2285; and it is further ORDERED, that the claims of the Plaintiff Diann Titus are severed from the consolidated action. The parties are directed to file a stipulation of dismissal without prejudice of Titus s claims within one week of the date of this Order. Further, Titus is directed, within fourteen days from the submission of the stipulation of dismissal without prejudice, to file and serve a separate complaint in a separate action asserting her own individual claims against the appropriate defendants; and it is further ORDERED, that the Plaintiffs are directed to file a Consolidated Complaint incorporating the claims of the remaining twenty-six Plaintiffs. The Consolidated Complaint shall not assert new allegations against the Defendants; and it is further ORDERED, that all remaining motions pending in any of the five actions, including the Defendants motions to dismiss and the Cooper Jones Plaintiffs motion seeking leave to amend their Complaint, are dismissed without prejudice and with leave to renew after the Plaintiffs file the Consolidated Complaint. So Ordered by Judge Arthur D. Spatt on 1/8/2014. (Coleman, Laurie)
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Filing
26
MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED, that the Plaintiffs motion to amend the complaint is granted as unopposed to the extent the Plaintiffs seek to raise an ADA claim against the Corporate Defendants; and it is further ORDERED, th at the Plaintiffs motion to amend the complaint is otherwise denied as futile; and it is further ORDERED, as to the Individual Defendants, that the Defendants motion to dismiss is granted to the extent the complaint is dismissed with prejudice except for the NYSHRL gender discrimination claim, which is dismissed without prejudice; and it is further ORDERED, as to the Corporate Defendants, that the Defendants motion to dismiss is granted to the extent the reverse racial discrimination claim is dismissed with prejudice. So Ordered by Judge Arthur D. Spatt on 8/1/13. (Coleman, Laurie)
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