Matthews v. CSX Transportation

Matthews v. CSX Transportation

Plaintiff:	Robert Matthews
Defendant:	CSX Transportation
Case Number:	5:2017cv00448
Filed:	April 24, 2017
Court:	US District Court for the Northern District of New York
Office:	Syracuse Office
County:	Onondaga
Presiding Judge:	Andrew T. Baxter
Presiding Judge:	Glenn T. Suddaby
Nature of Suit:	Americans with Disabilities - Employment
Cause of Action:	42 U.S.C. § 12101
Jury Demanded By:	None

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Date Filed	Document Text
October 17, 2018	Filing 35 DECISION AND ORDER granting in part and denying in part # 32 Defendant's Motion to Dismiss for failure to state a claim such that (1) Plaintiff's discrimination claim is dismissed; and (2) Plaintiff's retaliation claim survives Defend ant's motion to dismiss. Defendant is directed to file an answer to the Plaintiff's Second Amended Complaint within FOURTEEN (14) DAYS of the date of this Decision and Order pursuant to Fed.R.Civ.P. Rule 12(a)(4)(a), and this case is referred back to Magistrate Judge Baxter for a Rule 16 conference and the setting of pretrial scheduling deadlines. Signed by Chief Judge Glenn T. Suddaby on 10/17/18. (lmw)
August 29, 2017	Filing 6 DECISION AND ORDER accepting and adopting # 5 Magistrate Baxter's Report and Recommendation in its entirety. This action shall be sua sponte DISMISSED pursuant to 28 U.S.C. §§ 1915(a)(1) and 1915(e)(2)(B) unless, within THIRTY (30) DA YS of the date of this Decision and Order, Plaintiff files (1) a completed IFP application, and (2) an Amended Complaint that corrects the pleading defects identified in the Report-Recommendation (including, but not limited to, the inclusion of a cop y of any right-to-sue letter from the Equal Employment Opportunity Commission). If Plaintiff files a completed IFP application and an Amended Complaint within the referenced thirty-day period, then the completed IFP application and the Amended Compl aint shall be referred to Magistrate Judge Baxter for his review; if, however, Plaintiff fails to file either a completed IFP form or an Amended Complaint within the referenced thirty-day period, then this action shall be dismissed without further Order of the Court. Signed by Chief Judge Glenn T. Suddaby on 8/29/17. (lmw) (Copy served upon pro se plaintiff via regular mail)

Date Filed

Document Text

October 17, 2018

Filing 35 DECISION AND ORDER granting in part and denying in part # 32 Defendant's Motion to Dismiss for failure to state a claim such that (1) Plaintiff's discrimination claim is dismissed; and (2) Plaintiff's retaliation claim survives Defend ant's motion to dismiss. Defendant is directed to file an answer to the Plaintiff's Second Amended Complaint within FOURTEEN (14) DAYS of the date of this Decision and Order pursuant to Fed.R.Civ.P. Rule 12(a)(4)(a), and this case is referred back to Magistrate Judge Baxter for a Rule 16 conference and the setting of pretrial scheduling deadlines. Signed by Chief Judge Glenn T. Suddaby on 10/17/18. (lmw)

August 29, 2017

Filing 6 DECISION AND ORDER accepting and adopting # 5 Magistrate Baxter's Report and Recommendation in its entirety. This action shall be sua sponte DISMISSED pursuant to 28 U.S.C. §§ 1915(a)(1) and 1915(e)(2)(B) unless, within THIRTY (30) DA YS of the date of this Decision and Order, Plaintiff files (1) a completed IFP application, and (2) an Amended Complaint that corrects the pleading defects identified in the Report-Recommendation (including, but not limited to, the inclusion of a cop y of any right-to-sue letter from the Equal Employment Opportunity Commission). If Plaintiff files a completed IFP application and an Amended Complaint within the referenced thirty-day period, then the completed IFP application and the Amended Compl aint shall be referred to Magistrate Judge Baxter for his review; if, however, Plaintiff fails to file either a completed IFP form or an Amended Complaint within the referenced thirty-day period, then this action shall be dismissed without further Order of the Court. Signed by Chief Judge Glenn T. Suddaby on 8/29/17. (lmw) (Copy served upon pro se plaintiff via regular mail)

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Plaintiff: Robert Matthews
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Defendant: CSX Transportation
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