Gibson v. New York State Office of Mental Health et al
| Christine Gibson |
| New York State Office of Mental Health, Central New York Psychiatric Center, John Doe(s) and Jane Doe(s) |
| 6:2017cv00608 |
| June 2, 2017 |
| US District Court for the Northern District of New York |
| Utica Office |
| Oneida |
| Therese Wiley Dancks |
| Glenn T. Suddaby |
| Employment |
| 29 U.S.C. ยง 621 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
78
ORDER approving Stipulation of Dismissal with prejudice and without damages, costs, interest, or attorney's fees. Signed by Chief Judge Glenn T. Suddaby on 9/14/2021. (sal)
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Filing
57
TRIAL ORDER : Jury Trial set for 7/12/2021 at 9:00 AM in Syracuse before Chief Judge Glenn T. Suddaby. All counsel are directed to appear before the undersigned at an IN PERSON final pretrial conference on 6/22/2021 at 10:00 am in Syracuse, NY. All pretrial submissions, including any motions in limine, must be filed on or before 6/4/2021, and all responses to motions in limine must be filed on or before 6/14/2021. In addition to filing any motions in limine that they choose, the parties are ins tructed to file letter-briefs (complete with citations to the record and/or legal authorities) on the following three issues: (1) whether Plaintiff is seeking compensatory damages based on the loss of sick leave time during the relevant period for wh ich she was denied FMLA leave in 2013 and, if so, how many hours of sick leave she lost and what her salary was at the time of her retirement; (2) if Plaintiff is alleging loss of wages, salary, employment benefits, or other compensation in addition to the loss of sick leave time, what the nature and amount of those alleged losses is; and (3) whether the parties can stipulate that, based on 29 U.S.C. 2617(a)(1)(A) and decisions of district courts within the Second Circuit, punitive damages are unavailable for Plaintiff's remaining FMLA claim. Signed by Chief Judge Glenn T. Suddaby on 3/19/2021. (sal )
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Filing
49
DECISION AND ORDER that Defendant's motion for summary judgment (Dkt. No. 45 ) is DENIED. Counsel are directed to appear IN PERSON on January 14, 2020 at 10:00 AM in Syracuse, NY, for a pretrial conference, at which time counse l are directed to appear with settlement authority, and in the event that the case does not settle, trial will be scheduled at that time. Plaintiff is further directed to forward a written settlement demand to Defendants no later than Decembe r 18, 2019, and the parties are directed to engage in meaningful settlement negotiations before the conference. In the event that counsel feel settlement is unlikely, counsel may request to participate via telephone conference for the limited purpose of scheduling a trial date by electronically filing a letter request at least one week before the scheduled conference. Signed by Chief Judge Glenn T. Suddaby on 11/25/2019. (sal )
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Filing
39
DECISION AND ORDER granting # 35 Defendants' Motion to Dismiss such that Plaintiff's second claim pursuant to NYSHRL is DISMISSED; and denying # 37 Plaintiff's Motion to Remand to State Court. This case is referred back to Magistrate Judge Dancks to determine what, if any, discovery needs to be completed and for the re-setting of pretrial scheduling deadlines. Signed by Chief Judge Glenn T. Suddaby on 3/12/19. (lmw)
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Filing
33
AMENDED DECISION AND ORDER correcting the # 24 DECISION AND ORDER granting in part and denying in part # 12 Defendants' motion to dismiss such that the following two claims are dismissed: (1) Plaintiff's Third Claim pursuant to Title VII ; and (2) Plaintiff's Fourth Claim pursuant to the ADEA. The following two claims survive Defendants' motion to dismiss: (1) Plaintiff's Second Claim pursuant to the NYSHRL; and (2) Plaintiff's First Claim pursuant to FMLA. Signed by Chief Judge Glenn T. Suddaby on 8/13/18. (lmw)
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Filing
24
DECISION AND ORDER granting in part and denying in part # 12 Defendants' Motion to Dismiss such that the following claims are dismissed: (1) Plaintiff's Second Claim pursuant to the NYSHRL as to Defendants NYSOMH and CNYPC; (2) Plaintiffs Third Claim pursuant to Title VII; and (3) Plaintiffs Fourth Claim pursuant to the ADEA. The following claims survive Defendants' Motion to Dismiss: (1) Plaintiff's First Claim pursuant to the FMLA; and (2) her Second Claim pursuant to th e NYSHRL as to the John/Jane Doe Defendants to the extent that those individuals are later identified and sued in their individual capacities. This case is referred back to Magistrate Judge Dancks for the re-setting of pretrial scheduling deadlines. Signed by Chief Judge Glenn T. Suddaby on 4/24/18. (lmw)
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