Barbini et al v. First Niagara Bank, N.A. et al
Claudia Barbini and Maryetta Henry |
First Niagara Bank, N.A., Irina Damyanidu, Hugh Lawless and Robert McMichael |
1:2016cv07887 |
October 8, 2016 |
US District Court for the Southern District of New York |
White Plains Office |
Dutchess |
Nelson Stephen Roman |
Employment |
28 U.S.C. ยง 1331 |
Plaintiff |
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Filing 163 ORDER: The Court having been advised that all claims asserted herein have been settled, it is ORDERED, that the above-entitled action be and hereby is discontinued, without costs to either party, subject to reopening should the settlement not be consummated within sixty (60) days of the date hereof. In light of a settlement reached in principle, the Court adjourns the Final Pretrial Teleconference scheduled for May 19, 2023 and cancels the Jury Selection and Trial scheduled to commence on June 6, 2023. (Signed by Judge Nelson Stephen Roman on 3/10/2023) (ate) |
Filing 158 ORDER granting 157 Letter Motion to Adjourn Conference. Due to a scheduled mediation, the parties' request to adjourn the telephonic Pretrial Conf. from May 11, 2022 until June 3, 2022 at 4 pm is GRANTED. The Court directs the parties to t he Mar. 4, 2022 Minute Entry for dial-in instructions. Clerk of Court is requested to terminate the motion (doc. 157). Telephone Conference set for 6/3/2022 at 04:00 PM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 5/9/2022) (ate) Modified on 5/10/2022 (ate). |
Filing 155 AMENDED OPINION & ORDER: For the foregoing reasons, Defendants' motion for summary judgment is GRANTED in part, DENIED in part. Defendants' motion is GRANTED as to (1) Barbini's claim for discrimination based on gender under Title VII; (2) Barbini's claims for discrimination based on age under the ADEA and the NYSHRL; (3) Barbini's retaliation claims for opposing age discrimination under the ADEA and the NYSHRL; and (4) Barbini's hostile work environment clai ms under the ADEA and the NYSHRL. Defendants' motion is DENIED as to (1) Henry's claims for discrimination based on gender under Title VII and the NYSHRL; (2) Barbini's claim for discrimination based on gender under the NYSHRL; a nd (3) Plaintiffs' claims for retaliation for opposing sexual harassment under Title VII and the NYSHRL. The parties are directed to appear for a telephonic pre-trial conference on March 4, 2022, at 2:00 p.m. To access the telephonic pre-tria l conference, please follow these instructions: (1) Dial the meeting number: (877) 336-1839; (2) enter the Access Code: 1231334#; (3) press pound (#) to enter the conference as a guest. The Clerk of Court is directed to terminate the motion at ECF No. 139. (Signed by Judge Nelson Stephen Roman on 3/3/2022) (ate) |
Filing 150 OPINION & ORDER re: 139 MOTION for Summary Judgment . filed by Robert McMichael, Key Bank N.A., Irina Damyanidu. For the foregoing reasons, Defendants' motion for summary judgment is GRANTED in part, DENIED in part. Defendan ts' motion is GRANTED as to (1) Barbini's claims for discrimination based on gender under Title VII and the NYSHRL; (2) Barbini's claim for discrimination based on age under the ADEA and the NYSHRL; (3) Barbini's retaliation cl aims for opposing age discrimination under the ADEA and the NYSHRL; and (4) Barbini's hostile work environment claims under the ADEA and the NYSHRL. Defendants' motion is DENIED as to (1) Henry's claims for discrimination based on gender under Title VII and the NYSHRL; and (2) Plaintiffs' claims for retaliation for opposing sexual harassment under Title VII and the NYSHRL. The parties are directed to appear for a telephonic pre-trial conference on March 4, 2022, at 2: 00 p.m. To access the telephonic pre-trial conference, please follow these instructions: (1) Dial the meeting number: (877) 336-1839; (2) enter the Access Code: 1231334#; (3) press pound (#) to enter the conference as a guest. The Clerk of Court is directed to terminate the motion at ECF No. 139. ( Telephone Conference set for 3/4/2022 at 02:00 PM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 1/14/2022) (ate) |
Filing 123 ORDER granting 122 Letter Motion for Extension of Time to File. Clerk of the Court requested to terminate the motion. (doc.122). So Ordered. (Signed by Judge Nelson Stephen Roman on 4/5/2020) (js) |
Filing 119 ORDER: The parties are directed to file all motion documents on the reply date, June 1, 2020, and to provide two (2) copies of their respective motion documents to Chambers on the dates the documents are served upon their adversaries. If Plaintiff s file a joint opposition, they will seek a page length extension for the Memorandum of Law. If Plaintiffs file separate oppositions, they may seek additional time to submit their paperwork. (As further set forth in this Order.) ( Motions due by 6/1/2020.) (Signed by Judge Nelson Stephen Roman on 3/20/2020) (cf) |
Filing 78 OPINION & ORDER: For the reasons set forth above, the Court affirms Judge McCarthy's Memorandum and Order. That is, it DENIES the Bank's motion for a protective order and GRANTS in part Plaintiffs' motion to reopen discovery insofar as deposing McMichael and Regina. With regards to these depositions, however, Plaintiffs questioning is limited to McMichael's and Regina's conversations regarding the basis for Lawless' discipline and Lawless' and Plaintiffs 039; terminations. The Bank is also directed to produce a privilege log describing the documents being withheld and identifying the nature of the privilege being claimed so that, if necessary, Judge McCarthy can review such documents in camera. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/29/2019) (rj) |
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