Downey v. Adloox Inc. et al
| Kevin P. Downey |
| Adloox Inc. and Adloox Limited |
| 1:2016cv01689 |
| March 4, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jesse M. Furman |
| Employment |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
113
OPINION AND ORDER re: 88 MOTION for Summary Judgment filed by Adloox Inc., Adloox. For the reasons stated above, Adloox's motion for summary judgment is GRANTED with respect to Plaintiffs' ADEA and NYSHRL claims. Furth er, the Court declines to exercise supplemental jurisdiction over Plaintiffs' NYCHRL claims, so those claims are DISMISSED without prejudice to re-filing in state court. The Clerk of Court is directed to terminate Docket No. 88 and to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/23/2018) (ne) Transmission to Orders and Judgments Clerk for processing.
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Filing
87
MEMORANDUM OPINION AND ORDER: By waiting until two months after the close of fact discovery, Plaintiffs "essentially sandbagged" Defendants. Pal, 2008 WL 2627614, at *5. "This is precisely the type of conduct that Rule 37(c)(1) is meant to prevent." Id. Accordingly, the names of the thirteen witnesses at issue are stricken from Plaintiffs' amended disclosures, and those witnesses are precluded from offering any testimony or sworn statements in this matter. See id. at *6 (citing cases), and as further set forth herein. (Signed by Judge Jesse M. Furman on 2/8/2018) (ras)
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Filing
39
OPINION AND ORDER re: 27 MOTION to Dismiss the Second Amended Complaint. filed by Adloox Inc. For the reasons stated above, Defendants' motion to dismiss the Second Amended Complaint is GRANTED in part and DENIED in part. S pecifically, Downey's age discrimination claims under the ADEA, NYSHRL, and NYCHRL survive, while his New York state law claims for fraudulent inducement and unjust enrichment must be and are dismissed. Unless and until the Court orders otherw ise, Defendants shall file an answer with respect to the surviving claims within three weeks of this Opinion and Order. The parties, however, shall appear for a conference with the Court on March 6, 2017, at 3:45 p.m., to discuss the Downey's pending motion for leave to amend the Complaint and the relationships between and among that motion, this Opinion and Order, and Defendants' deadline to answer. In advance of the conference, counsel should confer to discuss those issues, including whether discovery should begin in connection with Downey's surviving claims. The Clerk of Court is directed to terminate Docket No. 27. (Signed by Judge Jesse M. Furman on 2/28/2017) (kgo)
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