Desrameaux v. Delta Airlines Inc.

Desrameaux v. Delta Airlines Inc.

Plaintiff:	Ruth Desrameaux
Defendant:	Delta Airlines Inc.
Case Number:	2:2015cv00347
Filed:	January 22, 2015
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Carol Bagley Amon
Presiding Judge:	Cheryl L. Pollak
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1331 Fed. Question
Jury Demanded By:	Defendant

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Date Filed	Document Text
March 8, 2018	Filing 49 MEMORANDUM AND ORDER: For the foregoing reasons, the Court DENIES Desrameaux's request to reopen discovery and DENIES her application to supplement the summary judgment record. The Court GRANTS IN PART and DENIES IN PART Delta's summary ju dgment motion. The Court grants summary judgment with respect to Desrameaux's tort claims. The Court also grants summary judgment with respect to the breach of contract claim premised on her removal from her December 15, 2011, flight. However, t he Court denies summary judgment as to the breach of contract claim related to the treatment of Desrameaux's carry-on luggage. The Court also GRANTS Desrameaux LEAVE TO AMEND her Complaint and add only the § 1981 claim related to the lugga ge treatment. The Court DIRECTS her to file the Amended Complaint no later than April 5, 2018. If Desrameaux fails to amend the Complaint, then she may not pursue the § 1981 claim in this action. In addition, the Court invites Desrameaux to fil e a request for pro bono counsel no later than April 5, 2018. Finally, the Court ORDERS the parties to file a proposed joint pretrial order no later than April 26, 2018. The Court respectfully REFERS the proposed order to Magistrate Judge Scanlon for review. Ordered by Judge Carol Bagley Amon on 3/8/2018. (Fernandez, Erica)

Date Filed

Document Text

March 8, 2018

Filing 49 MEMORANDUM AND ORDER: For the foregoing reasons, the Court DENIES Desrameaux's request to reopen discovery and DENIES her application to supplement the summary judgment record. The Court GRANTS IN PART and DENIES IN PART Delta's summary ju dgment motion. The Court grants summary judgment with respect to Desrameaux's tort claims. The Court also grants summary judgment with respect to the breach of contract claim premised on her removal from her December 15, 2011, flight. However, t he Court denies summary judgment as to the breach of contract claim related to the treatment of Desrameaux's carry-on luggage. The Court also GRANTS Desrameaux LEAVE TO AMEND her Complaint and add only the § 1981 claim related to the lugga ge treatment. The Court DIRECTS her to file the Amended Complaint no later than April 5, 2018. If Desrameaux fails to amend the Complaint, then she may not pursue the § 1981 claim in this action. In addition, the Court invites Desrameaux to fil e a request for pro bono counsel no later than April 5, 2018. Finally, the Court ORDERS the parties to file a proposed joint pretrial order no later than April 26, 2018. The Court respectfully REFERS the proposed order to Magistrate Judge Scanlon for review. Ordered by Judge Carol Bagley Amon on 3/8/2018. (Fernandez, Erica)

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Defendant: Delta Airlines Inc.
Represented By:	John O. Brennan
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Plaintiff: Ruth Desrameaux
Represented By:	Jacques Leandre
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