Lewis v. Roosevelt Island Operating Corporation et al
| Donald Lewis |
| Roosevelt Island Operating Corporation, Charlene M. Indelicato, Roosevelt Island Operating Corporation Board of Directors, Claudia McDade, Frances A. Walton, Margaret Smith, Howard Polivy, Katherine Grimm, Michael Shinozaki, Fay Freyer Christian, Darryl Towns, David Kraut and Mary Beth Labate |
| 1:2016cv03071 |
| April 25, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Andrew L. Carter |
| Employment |
| 42 U.S.C. ยง 1981 |
| Plaintiff |
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Filing
240
OPINION AND ORDER re: 230 MOTION for Reconsideration re; 221 Memorandum & Opinion,, 222 Judgment on Attorney Fees,,,, . filed by Donald Lewis. For the foregoing reasons, Plaintiff's motion is DENIED. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 230. (Signed by Judge Andrew L. Carter, Jr on 11/10/2022) (rro)
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Filing
221
OPINION AND ORDER re: 183 FIRST MOTION for Attorney Fees & Costs. filed by Donald Lewis. For the reasons set forth above, this Court grants in part and denies in part Attorney Rotondi's motion for attorneys' fees, costs, pre -judgment interest, and post-judgment interest. The Court awards: (1) attorneys' fees in the amount of $418,266.8; (2) costs in the amount of $22,378.21; and (3) post-judgment interest in accordance with 28 U.S.C. §1961. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/27/2018) (rj)
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Filing
148
OPINION AND ORDER re: 56 MOTION to Dismiss filed by Margaret Smith, Michael Shinozaki, Mary Beth Labate, Howard Polivy, Roosevelt Island Operating Corporation, Roosevelt Island Operating Corporation Board of Directors, Fran ces A. Walton, Darryl Towns, David Kraut, Charlene M. Indelicato, Katherine Grimm, Fay Freyer Christian, Claudia McDade, Mary Beth Labate. Plaintiff Donald Lewis brings this suit against Defendants Roosevelt Island Operating Corporation and certain of its executives and members of its Board of Directors. He alleges that he was subject to discrimination on the basis of his race and gender, and that his employment was terminated for retaliatory reasons in violation of Title VII , 42 U.S.C. § 2000e et seq.; 42 U.S.C. § 1981; 42 U.S.C. § 1983; the New York State Human Rights Law; the New York City Human Rights Law; and New York common law. Defendants have moved to dismiss the Complaint in its entirety pursua nt to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, Defendants' motion is granted in part and denied in part. Plaintiff's § 1981, § 1983, NYSHRL, NYCHRL, and common l aw claims are dismissed with prejudice against Defendants RIOC, the Board of Directors, and the Individual Defendants in their official capacities for lack of subject matter jurisdiction. Plaintiff's § 1981 claims, as related to gender discrimination, also are dismissed with prejudice. Plaintiff's claims for discrimination, retaliation, and hostile work environment under Title VII may proceed against RIOC and the Board. Additionally, Plaintiff's claims under § 1981, § 1983, the NYSHRL, and the NYCHRL may proceed against the Individual Defendants in their individual capacities, except as to Walton and McDade as described. Plaintiff's common law claim against the Director Defendants is dismissed without prejudice. Finally, Plaintiff's request for punitive damages against RIOC is stricken. (As further set forth in this Opinion and Order.) (Signed by Judge Andrew L. Carter, Jr on 3/28/2017) (mro)
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