Cruz v. United Automobile Workers Union Local 2300 et al
| Carlos Leonel Cruz |
| United Automobile Workers Union Local 2300, Tompkins Consolidated Area Transit, Inc., Jason David and Does 1-10 |
| 3:2018cv00048 |
| January 11, 2018 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Albany |
| David E. Peebles |
| Glenn T. Suddaby |
| Other Labor Litigation |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
127
DECISION AND ORDER that Plaintiff's motion for summary judgment (Dkt. No. 89 ) is DENIED. Defendant TCAT's cross-motion for summary judgment (Dkt. No. 115 ) is GRANTED. The Union Defendants' motion for summary judgment (Dkt. No. 117 ) is GRANTED. Plaintiff's Amended Complaint (Dkt. No. 45 ) is DISMISSED. Signed by Chief Judge Glenn T. Suddaby on 12/16/2019. (sal )
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Filing
114
DECISION AND ORDER that it is hereby ORDERED that the Union Defendants' partial motion to dismiss and/or for summary judgment (Dkt. No. 51 ) is GRANTED; and it is further ORDERED that Defendant TCAT's partial motion to dismiss and/or for summary judgment (Dkt. No. 53 ) is GRANTED; and it is further ORDERED that the following claims are DISMISSED: (1) Plaintiff's Third Claim for intentional infliction of emotional distress; (2) Plaintiff's Fourth Claim for negligent infl iction of emotional distress; (3) Plaintiff's Fifth Claim for defamation; (4) Plaintiff's Sixth Claim for intentional misrepresentation, fraud, and civil conspiracy; (5) Plaintiff's Seventh Claim for negligent misrepresentation and civil conspiracy; (6) Plaintiff's Eighth Claim for fraud by concealment; (7) Plaintiff's Ninth Claim for equitable estoppel/equitable tolling; and (8) Plaintiff's Tenth Claim for promissory estoppel; and it is further ORDERED that th e following claims SURVIVE Defendants' motions to dismiss: (1) Plaintiff's First Claim against the Union Defendants for breach of the duty of fair representation; and (2) Plaintiff's Second Claim against Defendant TCAT for breach of the collective bargaining agreement; and it is further ORDERED that Plaintiff's motion to amend the Amended Complaint (Dkt. No. 67 ) is DENIED; and it is further ORDERED that Plaintiff's motion in limine (Dkt. No. 55 ) is DENIED without prejudice. Signed by Chief Judge Glenn T. Suddaby on 7/18/2019. (sal )
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