Casarella v. State of New York et al
| Mike Casarella |
| State Of New York, New York State Department of Transportation, Mike Cresno, Hector Boranco, John and Jane Does 1-10 and XYZ Corp. 1-10 |
| 1:2016cv09531 |
| December 9, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Nelson Stephen Roman |
| Employment |
| 42 U.S.C. ยง 12101 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
106
ORDER: The Court having been advised that all claims asserted herein have been settled, it is hereby ORDERED, that the above-entitled action be and hereby is discontinued, without costs to either party, subject to reopening should the settlement n ot be consummated within thirty (30) days of the date hereof. The pre-trial conference scheduled for September 23, 2021 is cancelled. The parties are advised that if they wish the Court to retain jurisdiction in this matter for purposes of enforci ng any settlement agreement, they must submit the settlement agreement to the Court within the next 30 days with a request that the agreement be "so ordered" by the Court. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/22/2021) (rro)
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Filing
98
ORDER granting 97 Letter Motion to Adjourn Conference. Defts' request to adjourn the Pretrial Conf. to be held via teleconference from Jan. 15, 2021 until Mar. 19, 2021 at 2:00 pm is granted upon Pltf's consent. To access the teleconfer ence, please follow these directions: (1) Dial the Meeting Number: (877)336-1839; (2)Enter the Access Code: 123133#; (3) Press pound (#) to enter the teleconference as a gues. Clerk of Court is requested to terminate the motion (doc. 97). No further extensions. SO ORDERED. Pretrial Conference set for 3/19/2021 at 02:00 PM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 1/11/2021) (va)
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Filing
95
ORDER granting 94 Letter Motion to Adjourn Conference; granting 94 Letter Motion for Extension of Time to File. The Pretrial Conference is adjourned from 11/12/20 until 1/15/21 at 02:15 pm. The parties' submission of a joint pretrial or der is adjourned sine die and will be discussed at the next conference. The Clerk of Court is kindly requested to terminate the motion at ECF No. 94. So Ordered. ( Pretrial Conference set for 1/15/2021 at 02:15 PM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 10/26/20) (yv)
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Filing
92
OPINION & ORDER re: 76 MOTION for Summary Judgment . filed by Mike Cresno, Hector Boranco, New York State Department of Transportation., Motions terminated: 76 MOTION for Summary Judgment . filed by Mike Cresno, Hec tor Boranco, New York State Department of Transportation. Defendants' motion for summary judgment is GRANTED in part and DENIED in part. Plaintiff's discrimination and retaliation claims under Title VII, and all of Plaintiff's rema ining NYSHRL claims, are dismissed. Plaintiff's Title VII hostile work environment claim against Defendants New York State Department of Transportation survives except to the extent it is premised on Defendants' alleged denial of a backup truck to Plaintiff on August 5, 2015. Additionally, Plaintiff's § 1983 claim against Defendants Krasnow and Barranco in their individual capacities survives. A pretrial conference is hereby scheduled for November 12, 2020, at 10:00 a.m., via teleconference. To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334 #; (3) Press pound (#) to enter the teleconference as a guest. In preparation for an d while engaging in a teleconference, please follow these guidelines as further set forth in this Opinion. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 76. This constitutes the Court's Opinion and Order. SO ORDERED., ( Telephone Conference set for 11/12/2020 at 10:00 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 10/1/20) (yv)
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Filing
43
OPINION AND ORDER: re: 34 MOTION to Dismiss the First Amended Complaint filed by Mike Cresno, Hector Boranco, New York State Department of Transportation. For the foregoing reasons, Defendants' motion to dismiss Plaintiff's Complaint i s GRANTED in part and DENIED in part. Plaintiff's ADA claims against NYSDOT and his § 1983 and NYHRL claims against Defendants Cresno and Boranco in their official capacities are dismissed for lack of subject matter jurisdiction. Plaintiff& #039;s New York Workers' Compensation Law claims against Defendants are also dismissed for lack of subject matter jurisdiction. Plaintiff's NYHRL claim for discrimination based on disability and perceived disability against Defendants Cresn o and Boranco in their individual capacities is dismissed for failure to state a claim. Plaintiff's Title VII and NYHRL claims for national origin discrimination, retaliation, and hostile work environment against Defendants NYSDOT and Defendants Cresno and Boranco in their individual capacities remain. Additionally, Plaintiff's § 1983 claim against Defendants Cresno and Boranco in their individual capacities remains. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 34. Defendants are directed to file an answer to the Complaint on or before October 12, 2018. The parties are directed to confer, complete, and submit to the Court the attached case management plan on or before October 19, 2018. Th is constitutes the Court's Opinion and Order. SO ORDERED., Mike Cresno (Official Capacity) terminated., Hector Boranco (Official Capacity) terminated., New York State Department of Transportation answer due 10/12/2018; Hector Boranco(Indivi dual Capacity) answer due 10/12/2018; John and Jane Does 1-10(Individual Capacity) answer due 10/12/2018; John and Jane Does 1-10(Official Capacity) answer due 10/12/2018; XYZ Corp. 1-10 answer due 10/12/2018; Mike Cresno(Individual Capacity) answer due 10/12/2018. (Signed by Judge Nelson Stephen Roman on 9/13/2018) (ama) Modified on 9/13/2018 (ama).
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