Lee v. Butts et al
| Gay Lee |
| Calvin O. Butts, Samuel Daniel, John Maher, Paulette Senior and Carl Kirton |
| 1:2011cv02358 |
| April 6, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Orange |
| Leonard B. Sand |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1104 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
106
MEMORANDUM & ORDER re: granting in part and denying in part 90 Motion for Summary Judgment. For the foregoing reasons, Butts' motion for summary judgment is GRANTED with respect to Lee's claims for racial and sexual-orientation discrimina tion and GRANTED with respect to Lee's 18 U.S.C. § 664 claim. Butts' motion is DENIED in all other respects.* We take the additional step of REFERRING this case to Magistrate Judge Andrew Peck in the hope that the parties can resolve their dispute consensually. (Signed by Judge Leonard B. Sand on 8/1/2012) (djc)
|
|
Filing
77
MEMORANDUM AND ORDER. Plaintiff Gay Lee ("Plaintiff") objects to Magistrate Judge Andrew J. Peck's discovery ruling, made from the bench on December 1, 2011, requiring Plaintiff to bear the cost of her discovery requests. The parties h ave not alleged the existence of any "person... so designated," so the administrator is the "plan sponsor." 29 U.S.C. § 1132(c). The "plan sponsor" for single employer benefits plans is the employer. 29 U.S.C. § ; 1002(16)(B). In this case, therefore, the plan sponsor is NGH, and not the named Defendants. If Plaintiff wishes to sue NGH for failure to abide by 29 U.S. C. § 1132(c)(1), Plaintiff may do so separately. Plaintiff may not, however, shoehorn alleged ERISA violations into Rule 45 document production requests. Judge Peck's December 1, 2011, Discovery Order is hereby affirmed. (Signed by Judge Leonard B. Sand on 1/3/12) (rjm)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
