Oliveras v. Rafferty et al
| Marisol Oliveras |
| James Rafferty and City of New York |
| 1:2015cv07150 |
| September 10, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Alison J. Nathan |
| Employment |
| 42 U.S.C. ยง 1981 |
| Plaintiff |
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Filing
136
ORDER: Defendant's Second Letter Motion For Extension Of Time To Stay The Trial In Anticipation Of Settlement (Doc. #82) filed December 27, 2019 is sustained. The Court has reviewed the Motion to Enforce the Settlement Agreement and Memorandu m in Support as well as Plaintiff's response brief. The Court finds that in the interest of justice, trial shall be postponed pending further order of the Court. An evidentiary hearing on the Motion to Enforce the Settlement Agreement is stil l scheduled for January 6, 2020 at 9:30 AM in Courtroom 15C of the Daniel Patrick Moynihan Courthouse in Foley Square before Visiting Judge Kathryn H. Vratil. IT IS SO ORDERED. (Signed by Judge Kathryn H. Vratil on 12/27/2019) ( Evidentiary Hearing set for 1/6/2020 at 09:30 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Kathryn H. Vratil.)(ks)
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Filing
109
OPINION AND ORDER: A case management conference is hereby scheduled for July 12, 2019 at 4 p.m. It is hereby ORDERED that by July 8, 2019, the parties shall meet and confer and submit a joint letter to the Court. The joint letter shall: 1) Include a statement regarding the status of any settlement discussions; 2) Propose (a) a deadline for the submission of a joint final pre-trial order pursuant to Rule 5.A of the undersigned's Individual Practices in Civil Cases, and (b) potential trial dates. (Settlement Conference set for 7/12/2019 at 04:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 7/1/2019) (cf)
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Filing
95
OPINION AND ORDER re: (89 in 1:15-cv-07150-AJN) SECOND MOTION for Partial Summary Judgment to supplement the first motion for partial summary judgment. filed by New York City Department Of Education,, Thomas Esposito, James Rafferty, (72 in 1:15-cv-07150-AJN) FIRST MOTION for Partial Summary Judgment . filed by Thomas Esposito. For the foregoing reasons, Defendants' motion for summary judgment as to: (1) Plaintiffs' discrimination and retaliation claims un der§ 1983 and the NYCHRL against Defendant Espositio; (2) Plaintiff Oliveras' failure to promote claim under§ 1983 and the NYCHRL against Defendant Esposito; and (3) all NYCHRL claims brought against Defendant DOE is GRANTED. Defendant s' motion for summary judgment as to Plaintiffs' § 1983 hostile work environment claim against Defendant Esposito, and Plaintiff Oliveras' § 1983 discrimination, retaliation, and hostile work environment claims against Defend ant Rafferty is DENIED. This resolves Docket Numbers 72 and 89. Accordingly what remains in this consolidated action is: (1) Plaintiff Oliveras'§ 1983, Title VII, and NYCHRL discrimination, retaliation, and hostile work environment claims against Defendant Rafferty in the First Complaint (2) Plaintiff Oliveras' Title VII discrimination, retaliation and hostile work environment claims against Defendant DOE in the First Complaint (3) Plaintiffs' § 1983, and NYCHRL hostile work environment claims against Defendant Esposito in the Second Complaint. Plaintiffs are granted leave to amend their complaints to add a citation to § 1983, where relevant. Within one week of the date of this Opinion & Order, the parties sh all meet and confer regarding settlement. The Court will hold a scheduling conference with the parties on April 18, 2019 at 2:00 p.m. No later than seven days prior to the scheduling conference the parties shall file a status letter with the Court in dicating: (1) the status of settlement negotiations; (2) whether they seek a referral to either the Magistrate Judge or the Court-annexed Mediation Program for settlement; and (3) requested trial dates. SO ORDERED. (Scheduling Conference set for 4/18/2019 at 02:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 3/29/2019) Filed In Associated Cases: 1:15-cv-07150-AJN, 1:17-cv-02553-AJN(kv) Transmission to Orders and Judgments Clerk for processing.
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