Fernandez v. Beehive Beer Distributing Corp. et al
| Dario Fernandez |
| Beehive Beer Distributing Corp. and John Does Corps. 1-3 |
| 1:2012cv01968 |
| March 16, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Thomas P. Griesa |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
86
OPINION re: 81 MOTION to Dismiss First Counterclaim. filed by Dario Fernandez: Plaintiff Dario Fernandez moves to dismiss the defendant's First Counterclaim. Defendants Windmill Distributing Co. ("Windmill") seek to off set any damages award in an amount equal to the workers' compensation payments that Fernandez received during the time period relevant to his claim under the Family and Medical Leave Act ("FMLA"). For the reasons given above, the court denies plaintiff's motion to dismiss the defendant's counterclaim. This opinion resolves docket number 81. (Signed by Judge Thomas P. Griesa on 9/18/2017) (jwh)
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Filing
69
OPINION re: 57 MOTION for Reconsideration re; 56 Memorandum & Opinion, filed by Windmill Distributing Company, L.P. For the reasons set forth above, defendants' motion for reconsideration is denied. This resolves ECF Nos. 57-58 on the docket. (As further set forth in this Opinion) (Signed by Judge Thomas P. Griesa on 8/17/2016) (kl)
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Filing
56
OPINION: For the foregoing reasons, the court finds on the merits that Fernandez's claims need not be arbitrated, but that Fernandez's FMLA interference and retaliation claims, as well as his NYCHRL retaliation claim, is dismissed as a matter of law without prejudice. Fernandez's disability discrimination claims under the NYSHRL and NYCHRL survive Windmill's motion to dismiss. Windmill's motion is therefore granted in part and denied in part. Fernandez may further amend his pleadings in accordance with this opinion. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 2/4/2016) (kl)
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Filing
30
OPINION re: 23 CROSS MOTION to Set Aside Default Judgment. filed by Beehive Beer Distributing Corp., 15 FIRST MOTION to Set Aside Judgment. filed by Dario Fernandez, 19 FIRST MOTION to Amend/Correct Complaint. filed by Dario Ferna ndez. Both parties agree that the court should vacate the default judgment against Beehive as it is not a legal entity from which Fernandez can obtain relief and that Windmill is the actual defendant in this case. Accordingly, pursuant to Rule 60(b)( 6), the court vacates the judgment. Second, under Federal Rule of Civil Procedure 15(a)(1)(B), a party may amend its pleading once as a matter of course if the pleading is one to which a responsive pleading is required. This is the first time that Fe rnandez has moved to amend his complaint, and Windmill has assented to Fernandezs request. under Federal Rule of Civil Procedure 15(c), finds that the amended complaint relates back to the date of the timely filed original pleading. See William H. Mc Gee & Co. v. MV Ming Plenty, 164 F.R.D. 601, 606 (S.D.N.Y. 1995) ("[t]he misidentification of similarly named or related companies is the classic case for application of Rule 15(c) relation back").Third, Windmill may file an answer to the a mended complaint.The court grants Fernandezs request to amend his complaint, and At this point, the court denies any requests for attorney's fees. This opinion resolves the motions listed as document numbers 15, 19, and 23. (Signed by Judge Thomas P. Griesa on 11/22/2013) (djc)
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