Seale et al v. Madison County et al
| Kelly Seale and David Seale |
| Madison County, Allen Riley, Matthew Episcopo, Doug Bailey, Ronald Cary and Ryan Aylward |
| 5:2011cv00278 |
| March 11, 2011 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Madison |
| Andrew T. Baxter |
| Glenn T. Suddaby |
| Other Civil Rights |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing
47
DECISION AND ORDER granting in part and denying in part # 43 Defendants' Letter motion to strike Plaintiffs' response to Defendants' Statement of Material Facts and to award Defendants attorney's fees for their preparation of the letter motion; and granting # 34 Defendants' Motion for Summary Judgment. Plaintiff's complaint is dismissed. Signed by Judge Glenn T. Suddaby on 2/17/15. (lmw)
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Filing
18
MEMORANDUM-DECISION & ORDER granting in part and denying in part # 11 Defendants' Motion for judgment on the pleadings and/or to Dismiss the complaint. It is ordered that all Title VII claims asserted by Plaintiff are dismissed for lack of sub ject matter jurisdiction. Defendants' motion for judgment on the pleadings is DENIED regarding (1) Plaintiff Kelly Seale's hostile work environment claim against the County under Title VII and NYHRL and against Defendant Episcopo under 7; 1983; (2) Plaintiff Kelly Seale's retaliation claim against the County under Title VII and against Defendants County, Riley, Episcopo and Aylward under NYHRL; (3) Plaintiff Kelly Seale's First Amendment retaliation claim against the Coun ty, Riley, Episcopo and Aylward; and (4) Plaintiff David Seale's First Amendment retaliation claim against the County, Riley, Bailey, Episcopo and Aylward, and Defendant's motion is otherwise granted. Defendant Cary shall be terminated as a party to this action. Defendants shall file an answer to the Plaintiff's complaint within 14 days of the date of this Memorandum-Decision & Order and this case is referred back to Magistrate Judge Baxter for the setting of pretrial scheduling deadlines. Signed by Judge Glenn T. Suddaby on 3/7/13. (lmw)
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