Colon v. City Of New York
| Sibyl Colon |
| City Of New York, New York City Housing Authority, Melissa Mark-Viverito, Michael Kelley and Brian Clarke |
| 1:2016cv04540 |
| June 15, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Vernon S. Broderick |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
367
ORDER granting 366 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/10/2024) (rro)
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Filing
362
ORDER: Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's docket if the application to restore the action is made within thirty (30) days. (Signed by Judge Vernon S. Broderick on 2/23/2024) (rro)
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Filing
359
OPINION & ORDER re: 314 MOTION for Reconsideration re; 292 Memorandum & Opinion . filed by Sibyl Colon. For the foregoing reasons, Plaintiff's motion for reconsideration is DENIED. The Clerk of Court is respectfully directed to terminate the motion pending at Document 314. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/21/2024) (rro)
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Filing
354
OPINION & ORDER re: 329 MOTION for Disclosure for expert economist to testify at trial. filed by Sibyl Colon. For the foregoing reasons, Plaintiff's motion is DENIED and Plaintiff is precluded from offering the expert report and testimony of Dr. Crakes at trial. The Clerk of Court is respectfully directed to terminate the motion pending at Document 329. (Signed by Judge Vernon S. Broderick on 2/16/2024) (rro)
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Filing
306
ORDER: The Court understands that Plaintiff has recently retained new counsel. The parties are hereby ordered to meet and confer and file a joint letter on or before Friday, November 17, 2023. In the joint letter, the parties should include a) wheth er they consent to trying this matter before the magistrate judge assigned to the case, b) whether they consent to this matter being transferred to another district court judge for trial, c) what dates they are available for trial prior to March 2024, and d) a proposed briefing schedule for Plaintiff's motion for reconsideration. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/6/2023) (rro)
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Filing
299
ORDER: As discussed during today's teleconference, the parties are hereby ordered to meet and confer and file a joint letter on or before Tuesday October 24, 2023. In the joint letter, the parties should include a) whether they consent to tr ying this matter before the magistrate judge assigned to the case, b) whether they consent to this matter being transferred to another district court judge for trial, c) what dates they are available for trial prior to March 2024, and d) a proposed briefing schedule for Plaintiff's motion for reconsideration. (Signed by Judge Vernon S. Broderick on 10/18/2023) (rro)
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Filing
298
ORDER granting 297 Letter Motion to Adjourn Conference. APPLICATION GRANTED. SO ORDERED. Trial will be adjourned to a date to be decided. The parties are ordered to appear before me for a telephone conference using the dial in 888-363-4749 and access code 2682448 on Wednesday October 18 at 1:00 PM. Telephone Conference set for 10/18/2023 at 01:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 10/17/2023) (rro)
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Filing
292
OPINION & ORDER re: 278 MOTION in Limine . filed by Sibyl Colon, 275 MOTION in Limine . filed by New York City Housing Authority, Michael Kelly, Brian Clarke. For the foregoing reasons, Plaintiff's motion in l imine are GRANTED IN PART and DENIED IN PART as follows: DENYING request for judicial notice of percentage of NCYHA's budget that is derived from city funds; DENYING request for judicial notice of census data related to non-Hispanic black indiv iduals who speak Spanish at home; GRANTING request for judicial notice of life and work expectancy tables; GRANTING request for judicial notice of Mayoral Orders; DENYING as moot the motion to preclude evidence regarding the performance of OPMOM/ NextGen after September 28, 2015; DENYING motion to preclude Individual Defendants from asserting a qualified immunity defense.Defendants' motions in limine are GRANTED IN PART and DENIED IN PART as follows: GRANTING motion to exclude testimo ny or evidence relating to a statement Clarke made during his deposition on June 13, 2019, that it was recommended to him by the Law Department not to transfer Williams; DENYING motion to exclude testimony or evidence relating to Williams' exp eriences with NYCHA after Plaintiff resigned; GRANTING motion to exclude testimony or evidence relating to NYCHA's failure to conduct lead paint inspections; DENYING as moot motion to exclude evidence from Dr. Ravichandra as an expert for Plai ntiff; DENYING motion to exclude testimony from Chu and Mendez; DENYING motion to limit Plaintiff's emotional distress damages to garden variety damages; GRANTING motion for me to determine economic damages as to Plaintiff's Title VII cla ims but DENYING as to Plaintiff's remaining claims and Defendants' requests to find failure to mitigate and preclude testimony of potential earnings but-for retaliation; DENYING as moot motion to preclude Plaintiff from arguing that langu age requirements are discriminatory; DENYING as moot motion to preclude Plaintiff from seeking punitive damages against NYCHA; GRANTING motion for bifurcation insofar as evidence related to the Individual Defendants' economic conditions will not be presented until after a finding of liability; DENYING motion to find that Individual Defendants are protected by qualified immunity, but allowing Individual Defendants to raise the defense. The Clerk's Office is respectfully directed to terminate the motions pending at Documents 275 and 278. (Signed by Judge Vernon S. Broderick on 10/5/2023) (rro)
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Filing
291
OPINION AND ORDER re: 259 MOTION for Entry of Judgment under Rule 54(b) . filed by Sibyl Colon. For the reasons stated above, Plaintiff's motion to reinstate Mark-Viverito is DENIED. The Clerk of the Court is respectfully directed to terminate the motion pending at Doc. 259. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/26/2023) (jca)
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Filing
265
ORDER: A jury trial in this matter is scheduled to begin on October 16, 2023. Pursuant to my Individual Rules & Practices in Civil Cases, it is hereby:ORDERED that, pursuant to Rule 6 of my Individual Rules & Practices in Civil Cases, a joint pretria l order and motions in limine are due on or before September 8, 2023. Oppositions to motions in limine, as well as proposed voir dire questions, proposed verdict sheets, and proposed jury instructions are due on or before September 15, 2023. Microsof t Word versions of the proposed voir dire questions and jury instructions must be submitted by email to BroderickNYSDChambers@nysd.uscourts.gov. IT IS FURTHER ORDERED that a final pretrial conference in this matter will be held on September 21, 2023 at 1:00pm in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED., ( Motions due by 9/8/2023., Pretrial Order due by 9/8/2023., Responses due by 9/15/2023, Final Pretrial Conference set for 9/21/2023 at 01:00 PM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick., Jury Trial set for 10/16/2023 at 10:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 7/17/2023) (ama)
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Filing
252
ORDER granting 251 Letter Motion to Adjourn Conference. APPLICATION GRANTED. SO ORDERED. The pre-trial conference is adjourned to May 22, 2023 at 1:00pm, and will take place in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Pretrial Conference set for 5/22/2023 at 01:00 PM in Courtroom 518, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007 before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 5/16/2023) (vfr)
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Filing
250
ORDER On May 9, 2023, the parties participated in a Settlement Conference before Magistrate Judge Wang. As the parties did not reach a settlement, it is hereby: ORDERED that counsel for all parties appear for a pretrial conference on May 19, 202 3 at 1:00pm in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Counsel should be prepared to discuss potential trial dates. IT IS FURTHER ORDERED that, no later than May 18, 2023, the parties sha ll file a joint letter advising the Court with available trial dates from July to November 2023. SO ORDERED. (Pretrial Conference set for 5/19/2023 at 01:00 PM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 5/12/2023) (jca)
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Filing
249
ORDER: The Court held a Settlement Conference in Colon v. City of New York, et al., 16-CV-4540, on May 9, 2023. The parties did not reach a settlement. The parties in Williams v. City of New York, et al., 16-CV-8193, are directed to meet and conf er on if they would like to request a counsel only Pre-Settlement Conference Scheduling Call with the undersigned. If so, they shall file a letter on the docket by May 18, 2023, proposing dates and times in the weeks of May 29, June 5, and June 19, 2023. The Clerk of Court is respectfully directed to file this Order on both dockets 16-CV-4540 and 16-CV-8193. (Signed by Magistrate Judge Ona T. Wang on 5/11/2023) (rro)
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Filing
229
OPINION & ORDER: For the reasons stated above, it is hereby ORDERED that the parties shall reopen discovery with the scope as follows: For Plaintiff: deposing Kathie Shoulders and Tijuana Huggins. For Defendants: deposing Octavia Hayward and Janet Ab rahams; document discovery over any official NYCHA documents, email communications, or press releases that directly address official salary, benefits, and other compensation information related to the title(s)/position(s) respectively held by Plainti ff, Janet Abrahams, and Octavia Hayward. The parties are hereby ORDERED to submit a discovery schedule on or before December 22, 2021, in which they shall set out a deadline for this additional discovery. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/9/2021) (mml)
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Filing
226
ORDER: Therefore, based upon my comments during the oral argument and for the reasons stated in my May 26, 2021 Opinion & Order (Doc. 195), it is hereby ORDERED that Plaintiff's motion to set aside my Opinion & Order dated May 26, 2021, (Doc. 1 95), is DENIED; IT IS FURTHER ORDERED that the parties shall meet and confer regarding a proposed scope of reopening discovery with regard to the New Evidence, and shall jointly file a letter on or before November 10, 2021, to inform this Court of their proposal, or, if they fail to reach an agreement, the areas of dispute regarding the scope of reopening discovery. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/4/2021) (mml)
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Filing
224
OPINION AND ORDER re: 210 LETTER MOTION to Reopen DISCOVERY addressed to Judge Vernon S. Broderick from MARCEL FLORESTAL dated AUGUST 23, 2021. filed by Sibyl Colon, 212 MOTION to Reopen DISCOVERY. filed by Sibyl Colon. It is hereby ORDERED that the Parties shall appear before me for an oral argument on November 3, 4:00 PM, to address, among other things, the following question/issues: 1. Is the New Evidence dispositive of the issue that Hayward replaced P laintiff, or of any other issues that must be decided by a jury, including the issue of retaliation? 2. Should the New Evidence have been produced during discovery? If so, what discovery request(s) required the production of the New Evidence? 3. For Defendants: clarify 1) the report that Jasmine Perez used to create the user- friendly spreadsheet, (Doc. 222 6), and 2) Haywards and Abrahams positions as reflected by NYCHAs HR records. In connection with this issue, I direct Defendants to produce to me the underlying HR records Perez reviewed in order to create the user-friendly spreadsheet. 4. For Defendants: Whether Defendants are willing to stipulate to the authenticity of the New Evidence, leaving its admissibility issue for later ruling upon objection? 5. If this Court reopens discovery, what discovery does Plaintiff believe it is entitled to? The Clerk is respectfully directed to close ECF Docs. 210 and 212. SO ORDERED. (Oral Argument set for 11/3/2021 at 04:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 10/25/2021) (tg)
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Filing
204
ORDER granting 203 Letter Motion for Local Rule 37.2 Conference. APPLICATION GRANTED. A telephonic conference is scheduled for August 5, 2021, at 3:00 p.m. The dial-in number for the conference is 888-363-4749 and the access code 2682448. In adv ance of the conference, the parties shall submit a joint letter of no more than 5 pages on ECF by on or before July 29, 2021 outlining their dispute. SO ORDERED. Telephone Conference set for 8/5/2021 at 03:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 7/20/2021) (vfr)
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Filing
200
ORDER granting 199 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 6/30/2021) (kv)
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Filing
195
OPINION AND ORDER re: 120 MOTION for Summary Judgment . filed by Melissa Mark-Viverito, 122 MOTION for Summary Judgment . filed by New York City Housing Authority, Michael Kelly, Brian Clarke, 130 AMENDED MOTION for Summary Judgment . filed by New York City Housing Authority, Michael Kelly, Brian Clarke, 184 MOTION to Strike Document No. [178 and 179] . filed by New York City Housing Authority, Michael Kelly, Brian Clarke, 132 MOTION for Summary Judgment NOTICE. filed by Sibyl Colon. For the foregoing reasons, Plaintiff's motion for summary judgment is DENIED and Defendants' motions for summary judgment are GRANTED in part and DENIED in part. Speci fically, Defendants motions for summary judgment dismissing Plaintiff's First, Second, and Third Claims for Relief against the NYCHA Defendants are DENIED. Defendants' motions for summary judgment dismissing the Fifth Claim for Relief again st Defendants Clarke and Kelly are DENIED. Defendants' motions for summary judgment regarding the Eighth Claim for Relief are DENIED as to Defendants Clarke and Kelly and GRANTED as to Defendant Mark- Viverito. The NYCHA Defendants' motion for sanctions is GRANTED in part and DENIED in part. It is hereby ORDERED that the parties shall confer in good faith regarding the additional fact discovery that Defendants would reasonably require in order to respond adequately to the declaration o f Knapp and Nieves and jointly submit a proposed schedulenot to exceed 60 daysfor the completion of this additional discovery within 30 days of the entry of this Order. Plaintiff will pay reasonable attorneys' fees and costsnot to exceed the fee s and costs for four hours of deposition time per witness, if needed, and a reasonable period of time to prepare for each deposition per witnessassociated with deposing Knapp and Nieves and/or reopening the depositions of any fact witnesses who were already deposed by Defendants, and from whom Defendants now wish to obtain testimony regarding the purported succession of Plaintiff as Director of OPMOM by Octavia Hayward. It is further ORDERED that Plaintiff will pay reasonable attorneys' fe es and costs incurred by the NYCHA Defendants in making the instant motion for sanctions. The NYCHA Defendants shall submit sworn affidavits setting forth reasonable attorneys' fees and costs incurred as a result of the additional discovery nece ssitated by Plaintiff's late disclosures and in making the instant motion within 30 days of the completion of the additional discovery by the parties. The Clerk of Court is respectfully directed to terminate the open motions at Documents 120, 12 2, 130, 132, and 184, and to terminate Defendant Mark-Viverito from the case. The remaining Defendants are directed to meet and confer with Plaintiff regarding a proposed date for the completion of any additional discovery that Defendants might requi re as a result of Plaintiff's late disclosures of Knapp and Nieves, and file a joint status update including this proposed schedule within 30 days of the entry of this Opinion & Order. SO ORDERED. Melissa Mark-Viverito (New York City Council Speaker) terminated. (Signed by Judge Vernon S. Broderick on 5/26/2021) (kv)
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Filing
115
MEMORANDUM OPINION AND ORDER. Accordingly, the Court finds a $400 hourly rate reasonable for an attorney with Plaintiff's counsel's years of experience. See Williams v. City of New York, No. 16-CV-233 (JPO), 2017 WL 1906899, at *2 (S.D .N.Y. May 9, 2017) (awarding $400 hourly rate to civil rights solo practitioner with roughly 14 years' experience); Dixon v. Agbai, No. 15-CV-850 (AT) (AJP), 2016 WL 3702749, at *15 (S.D.N.Y. July 8, 2016) (finding attorneys with over 12 ye ars' experience are typically awarded $300-$450 an hour), adopted by 2016 WL 5660246 (S.D.N.Y. Sept. 28, 2016). Plaintiff's counsel submits that he spent five hours for the second deposition and seven hours drafting the motion to compel. (ECF 106-3). While the five hours in deposition are reasonable, seven hours to draft a motion to compel appears excessive. See Marano v. Aaboe, No. 05-CV-9375 (BSJ) (RLE), 2007 WL 3195156, at *4 (S.D.N.Y. Oct. 29, 2007) (finding three hours r easonable for a motion to compel that did not require complex legal analysis). Plaintiff's motion to compel is a little over five pages, with approximately two of those pages composed solely of direct quotations from the deposition transcript. ( ECF 94). Plaintiff's motion only cites three cases and involved a fairly straightforward two-paragraph legal argument. (ECF 94 at 5-6). Although Plaintiff attached four exhibits, Plaintiff did not need to curate the documents and merely attached all 136 pages. (ECF 94-1 to 94-4). Accordingly, the Court finds four hours to be a more reasonable estimate of time to draft the motion, resulting in a total fees award of $3,600 ($400/hour x 9 hours). The Court also finds reasonable the & #036;1,314.60 in deposition costs, as supported by the submitted invoice and undisputed by Defendants. (ECF 108-1). For the foregoing reasons, Plaintiff's counsel is hereby awarded $4,914.60 ($3,600 + $1,314.60) in fees and costs. The NYCHA Defendants are directed to pay that amount within 30 days of the date of this order. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 10/23/2019) (rjm)
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Filing
101
OPINION & ORDER re: 94 LETTER MOTION to Compel MICHAEL KELLY to APPEAR AND SANCTIONS addressed to Magistrate Judge Ona T. Wang from MARCEL FLORESTAL dated JULY 23, 2019 filed by Sibyl Colon. For the aforementioned reasons, di scovery shall be re-opened for the limited purpose of permitting the follow-up deposition of Michael Kelly, or another suitable 30(b)(6) witness. By September 16, 2019, the parties shall file a letter informing the Court of the date of the new dep osition. Absent extraordinary circumstances, the follow-up deposition shall be completed by October 4, 2019. One week after the completion of this new deposition, Plaintiff shall submit billing records for the total fees and costs for this new deposition and for bringing the motion. The Clerk of Court is directed to close ECF 94. (Signed by Magistrate Judge Ona T. Wang on 9/11/2019) (mro)
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Filing
76
OPINION AND ORDER re: 44 MOTION for Reconsideration re; 43 Memorandum & Opinion, Add and Terminate Parties filed by Sibyl Colon. For the reasons stated herein, Plaintiff's motion for reconsideration is GRANTED. I hereby amend my March 26, 2018 Opinion & Order and find that Defendant Council Speaker's motion to dismiss the aiding & abetting claim brought pursuant to § 296(6) is DENIED. The Clerk of Court is respectfully directed to terminate the pending motion at Document 44, and to reinstate Defendant Melissa Mark-Viverito as a Defendant in this case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/22/2019) (rro)
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Filing
43
OPINION & ORDER re: 27 MOTION to Dismiss plaintiff's complaint. filed by City Of New York, Melissa Mark-Viverito, 24 MOTION to Dismiss the Complaint. filed by New York City Housing Authority, Brian Clarke, Michae l Kelley., City Of New York and Melissa Mark-Viverito (New York City Council Speaker) terminated. For the reasons stated above, the City Defendants' motion to dismiss, (Doc. 27), is GRANTED in its entirety, and all claims against the Cit y Defendants are dismissed. Additionally, the NYCHA Defendants' motion to dismiss, (Doc. 24), is GRANTED IN PART and DENIED IN PART. The NYCHA Defendants' motion to dismiss is DENIED as to Plaintiff's (1) retaliation claims brought u nder Title VII, the NYSHRL, and the NYCHRL against NYCHA; (2) retaliation claim brought under § 1983 against Kelly and Clarke, and (3) aiding and abetting claim brought under the NYSHRL against Kelly and Clarke. The NYCHA Defendants' motio n to dismiss is GRANTED as to Plaintiff's (1) hostile work environment claim against NYCHA; (2) Section 1985 claim against Kelly and Clarke; (3) First Amendment retaliation claim against the NYCHA; and (4) IIED claim against Kelly and Clarke . The Clerk of Court is respectfully directed to terminate the open motions, (Docs. 24, 27), and to terminate Defendants City of New York and Council Speaker Melissa Mark-Viverito from this case. The remaining DefendantsNYCHA, Kelly, and Clarke ar e directed to meet and confer with Plaintiff regarding a proposed date for the remaining Defendants to file their answers as well as the scheduling of discovery. The parties are directed to submit a joint letter addressing these issues, as well as a proposed Case Management Plan and Scheduling Order, on or before April 10, 2018. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/26/2018) (rj)
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