Gorman v. Covidien Sales, L.L.C. et al
| John Gorman |
| Covidien Sales, L.L.C. and Dale Kelly |
| 1:2013cv06486 |
| September 13, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine Polk Failla |
| Employment |
| 28 U.S.C. ยง 1441 |
| None |
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Filing
40
OPINION AND ORDER re: 28 MOTION for Summary Judgment filed by Dale Kelly, Covidien Sales, L.L.C.: the reasons discussed in this Opinion - in particular, the breadth of conduct covered by the NYCHRL and the procedural posture i n which this motion arises - Defendants' motion for summary judgment is GRANTED in part and DENIED in part: Summary judgment is granted in favor of Defendants on Gorman's claims for discrimination and retaliation under the New York State Hu man Rights Law, retaliation under the New York City Human Rights Law, and for intentional infliction of emotion distress. Gorman's claim against Defendants for disability discrimination under the New York City Human Rights Law remains. The Clerk of Court is directed to terminate the motion at Docket Entry 28. The Court emphasizes that Gorman has eluded summary judgment by a narrow margin, and that a jury will not be obliged to exercise the same solicitude for his claims. The parties are to appear for a pretrial conference on December 16, 2015 at 3:30 p.m., in Courtroom 618 of the Thurgood Marshall Courthouse, in order to discuss next steps in this case. (Signed by Judge Katherine Polk Failla on 11/19/2015) (tn)
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Filing
23
OPINION AND ORDER re: 9 MOTION to Amend/Correct Answer filed by Dale Kelly, Covidien Sales, L.L.C.: For the foregoing reason, Defendants' motion to amend is GRANTED. Defendants are directed to file their amended answer on or before January 19, 2015. The Clerk of Court is directed to terminate Docket Entry 9. The parties are ordered to appear before the Court for a status conference on January 20, 2015, at 3:00 p.m. (Status Conference set for 1/20/2015 at 03:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/31/2014) (tn)
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