Viera et al v. The City Of New York , et al
| Josiy Viera and James Gosselin |
| City of New York and Richmond University Medical Center |
| 1:2015cv05430 |
| July 13, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Richmond |
| Paul G. Gardephe |
| Americans with Disabilities - Other |
| 42 U.S.C. ยง 12132 |
| Plaintiff |
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Filing
141
MEMORANDUM ORDER AND OPINION. For the reasons stated above, Plaintiff's motion for reconsideration is denied as to Plaintiff's Rehabilitation Act and NYSHRL claims, but granted as to Plaintiffs NYCHRL claim. Plaintiff's NYCHRL claim is dismissed without prejudice to it being refiled in a New York state court. The Clerk of Court is directed to terminate the motion (Dkt. No. 127), and to close this case. So ordered. re: 127 MOTION for Reconsideration re; 118 Memorandum & Opinion, Set Deadlines/Hearings filed by Josiy Viera. (Signed by Judge Paul G. Gardephe on 9/30/2018) (rjm)
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Filing
118
MEMORANDUM OPINION & ORDER re: 80 MOTION for Summary Judgment . filed by Richmond University Medical Center, 92 CROSS MOTION for Summary Judgment . filed by City of New York, 75 MOTION for Summary Judgment ag ainst the City of New York filed by James Gosselin, Josiy Viera. For the reasons stated above, RUMC's motion for summary judgment (Dkt. No. 80) is granted. Plaintiff's motion for partial summary judgment (Dkt. No. 75), and the City& #039;s cross-motion for partial summary judgment (Dkt. No. 92), are denied. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 75, 80, 92). Plaintiff and the City are directed to comply with this Court's Individual Rules concern ing the preparation of a pre-trial order. The joint pre-trial order will be filed on November 6, 2017. Motions in limine, voir dire requests, and requests to charge are likewise due on November 6, 2017. Responsive papers, if any, are due on Novembe r 22, 2017. Trial will commence on December 11, 2017, at 9:00 a.m., in Courtroom 705 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York. (As further set forth in this Order.) (Motions due by 11/6/2017., Pretrial Order due by 11/6/2017., Responses due by 11/22/2017, Jury Trial set for 12/11/2017 at 09:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 7/20/2017) (cf)
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Filing
106
REPORT AND RECOMMENDATION re: 64 MOTION to Dismiss Voluntarily With Prejudice Plaintiff James Gosselin. filed by James Gosselin, 1 Complaint filed by James Gosselin, Josiy Viera. The Honorable Paul G. Gardephe, United States Dist rict Judge, has referred this matter to me to resolve plaintiff James Gosselin's motion to withdraw his claims with prejudice pursuant to Fed.R.Civ.P. 41(a)(2) (Docket Item ("D.I.") 64). (As further set forth in this Order.) Accordingl y, for all the foregoing reasons, I respectfully recommend that plaintiff Gosselin's motion to withdraw his claims with prejudice pursuant to Fed.Civ.P. 41(a)(2) (D.I. 64) be granted on the condition that (1) plaintiff Viera will not offer any d eposition testimony, affidavit or other evidence from Gosselin in support of her claims; (2) the statements set forth in Appendix A to this Report and Recommendation be deemed true in all subsequent proceedings in this matter, without prejudice to pl aintiff's right to object to the relevance or materiality of any statement and (3) Viera's expert be precluded from testifying to the statements set forth in Appendix B to this Report and Recommendation. I further recommend that defendants' request for other conditions be denied. Objections to R&R due by 1/27/2017 (Signed by Magistrate Judge Henry B. Pitman on 1/13/2017) Copies Sent By Chambers. (cf)
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