Colvin v. State University College at Farmingdale, State University of New York et al
| Amy L. Colvin |
| Patrick Calabria, Lucia Cepriano, Malka Edelman, Marvin Fischer, James Hall, Marybeth Incandela, Hubert Keen, George LaRosa and State University College at Farmingdale, State University of New York |
| 2:2013cv03595 |
| June 25, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Arlene R. Lindsay |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
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Filing
113
OPINION & ORDER: For the reasons set forth herein, (1) defedants' motion, in effect, for reconsideration of the January Order is granted and, (2) upon reconsideration, (a) so much of the January Order as construed the Report to find, in essence, that there are genuine disputes of material fact with respect to plaintiff's Section 1983 First Amendment retaliation claims against defendants and, as such, accepted so much of the Report as recommends that the branch of defendants' motio n seeking summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure dismissing plaintiff's Section 1983 First Amendment retaliation claims against them be denied is vacated; (b) the Report is rejected to the extent it finds th at plaintiff was speaking on a matter of public concern during the Yoga Incident and insofar as it recommends that the branch of defendants' motion seeking summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure dismissing P laintiff's Section 1983 first Amendment claims against them be denied; (c) the branch of defendants' motion seeking summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure dismissing plaintiff's Section 1983 First Amendment retaliation claims against them is granted; and (d) defendants are granted judgment as a matter of law dismissing plaintiff's remaining claims in this action, i.e., her Section 1983 First Amendment retaliation claims against def endants, in their entirety with prejudice. The Clerk of the Court shall enter judgment in favor of defendants W. Hubert Keen, Lucia Cepriano, Marybeth Incandela, and James Hall and close this case. SO Ordered by Judge Sandra J. Feuerstein on 9/28/2016. (Tirado, Chelsea)
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Filing
81
OPINION AND ORDER denying 71 Motion for Summary Judgment; adopting 76 Report and Recommendations; For the reasons set forth herein, (1) the Report is modified as set forth herein and, as modified, the Report is accepted in its entirety; and (2) plaintiffs request for leave to amend the amended complaint to assert an ADEA retaliation claim is denied and any ADEA retaliation claim asserted in the amended complaint is dismissed in its entirety with prejudice. For the reasons set forth herein and in the Report, the branch of defendants motion seeking summary judgment dismissing plaintiffs ADEA age discrimination claims in their entirety pursuant to Rule 56 of the Federal Rules of Civil Procedure is granted and plaintiffs ADEA age discrimi nation claims are dismissed in their entirety with prejudice, and the motion is otherwise denied. There being no just reason for delay, the Clerk of the Court shall enter final judgment in favor of defendants George Larosa, Patrick Calabria, Marvin Fischer and Malka Edelman pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. The trial on plaintiffs remaining Section 1983 First Amendment retaliation claims against Keen, Cepriano, Incandela and Hall will be scheduled at the pretrial conference scheduled to be held before me on February 1, 2016 at 11:15 a.m. So Ordered by Judge Sandra J. Feuerstein on 1/19/2016. c/ecf Judgment Clerk. (Coleman, Laurie)
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Filing
65
ORDER: SO ORDERED that plaintiffs request for a fourth extension of a discovery deadline in this case is denied. Moreover, upon consideration of plaintiffs objections to Magistrate Judge Lindsays April 3, 2015 preclusion order, and defts responses thereto, and reconsideration of Magistrate Judge Lindsays order, plaintiffs objections are overruled. Ordered by Judge Sandra J. Feuerstein on 4/24/2015. (Florio, Lisa)
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