Blundell v. Nihon Kohden America et al
| Paul Blundell |
| Nihon Kohden America, Veffa Devers, Betzy Estrada and Kenric Thompson |
| 5:2015cv01503 |
| December 18, 2015 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| David E. Peebles |
| Glenn T. Suddaby |
| Employment |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
54
DECISION AND ORDER denying # 52 Plaintiff's letter motion requesting that the Court reconsider its Text order issued on 5/24/18; granting # 39 Defendants' Motion for Summary Judgment; and denying # 42 Plaintiff's Cross-Motion to Strike. The Plaintiff's Amended Complaint is dismissed. Signed by Chief Judge Glenn T. Suddaby on 9/25/18. (lmw)
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Filing
21
DECISION AND ORDER granting in part and denying in part # 14 Defendant's Motion to Dismiss Plaintiff's Amended Complaint for failure to state a claim. The following claims are DISMISSED from Plaintiff's Amended Complaint: (1) Plaint iff's age discrimination claims pursuant to the ADEA and NYSHRL; (2) Plaintiff's disability discrimination claims pursuant to the ADA and NYSHRL; and (3) Plaintiff's failure-to-accommodate claims pursuant to the ADA and NYSHRL, to the extent that they are predicated upon his request for an accommodation to remain seated while teaching. The following claims SURVIVE Defendant's motion: (1) Plaintiff's failure-to-accommodate claims pursuant to the ADA and NYSHRL, to the e xtent that they are predicated upon his requests for use of the company rental car and skycap services to assist in transporting his luggage while traveling on work assignments; and (2) Plaintiff's retaliation claims pursuant to the ADEA, ADA, and NYSHRL. Defendant is directed to file an answer to Plaintiff's Amended Complaint within 14 days of the date of this Decision and Order pursuant to Fed. R. Civ. P. 12(a)(4)(A). This case is referred back to Magistrate Judge Peebles for a Rule 16 conference and the scheduling of pretrial deadlines. Signed by Chief Judge Glenn T. Suddaby on 1/23/17. (lmw)
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