Tyson v. The Town of Ramapo et al
| Yolanda D. Tyson |
| The Town of Ramapo, Christopher P. St. Lawrence, Yitzchok Ullman, Samuel Tress, Brendel Charles, Patrick J. Withers, Brad R. Weidel, Peter F. Brower and Thomas Cokeley |
| 7:2017cv04990 |
| July 3, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Kenneth M. Karas |
| Employment |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
118
CLERK'S JUDGMENT re: 117 Memorandum & Opinion in favor of Brendel Charles, Christopher P. St. Lawrence, The Town of Ramapo, Brad R. Weidel, Brendel Charles, Christopher P. St. Lawrence, Patrick J. Withers, Samuel Tress, Yitzchok Ullman again st Yolanda D. Tyson. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated June 12, 2023, Defendants motion for summary judgment is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 6/12/2023) (Attachments: # 1 Appeal Package) (tp)
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Filing
112
ORDER granting 111 Letter Motion for Extension of Time to File. Application granted. The time to file the revised Rule 56.1 statement together with any supplemental affidavit(s) and exhibits as described in the Court's April 21, 2023 order is extended to May 5, 2023. SO ORDERED. (Signed by Judge Philip M. Halpern on 4/28/2023) (jca)
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Filing
110
ORDER Accordingly, the parties are directed to meet and confer and file, by April 28, 2023, a revised Rule 56.1 Statement with responses, that: (i) corrects the numbering so that each statement of fact (whether asserted by Defendants or Plaintiff ) continues sequentially; (ii) corrects the references to Bates Numbers and to documents without citation to exhibit letter, Bates Number, or any other identifier, such that the references are made only to an Exhibit Letter (or Number) and ECF pag e number, as filed on the docket (i.e., a reference to "Exhibit A at 6" would indicate to the Court that the parties were citing page 5 of Ms. Tyson's transcript); and (iii) only references evidence that is part of the record submit ted to the Court. In connection with item (iii), to the extent the parties cite to evidence in the Rule 56.1 Statement that has not been submitted to the Court, they shall file supplemental affidavit(s) annexing those documents as exhibits thereto , using Exhibit Letters (or Numbers) continuing from the prior submission (i.e., if Exhibit GG was the last exhibit submitted on the motion, these supplemental exhibits would begin at Exhibit HH). SO ORDERED. (Signed by Judge Philip M. Halpern on 4/21/2023) (jca)
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Filing
99
ORDER granting 98 Letter Motion to Adjourn Conference. Application granted. The pre-motion conference scheduled for 9/20/2022 is adjourned to 11/10/2022 at 10:30 a.m. to be held in Courtroom 520. By 10/7/2022, defendants shall serve plaintiff wi th their revised Rule 56.1 Statement; by 10/21/2022, plaintiff shall serve her responses and counterstatement on defendants; by 10/28/2022, defendant shall respond to plaintiff's counterstatement and file via ECF a pre-motion letter explaining the changes made to the Rule 56.1 Statement and the basis for their anticipated motion, together with a copy of the revised Rule 56.1 Statement; and by 11/4/2022, plaintiff shall file her response to the pre-motion letter. SO ORDERED. Pre-Motion Conference set for 11/10/2022 at 10:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 9/16/2022) (tg)
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Filing
94
ORDER The parties appeared for an in-person case management conference today. The Court heard argument on defendants' pre-motion conference letter (Doc. 92) and plaintiff's response thereto (Doc. 93). For the reasons stated on the recor d, by August 23, 2022, defendants shall produce to plaintiff the unredacted documents concerning the eleven proposed comparators regarding 207-c and light/modified duty, as discussed at the conference. On August 23, 2022, Plaintiff shall confirm r eceipt of the production in a letter to the Court filed by ECF. The continued summary judgment pre-motion conference will thereafter be scheduled.The Clerk of Court is respectfully requested to terminate the pending letter-motion (Doc. 92). SO ORD ERED. Motions terminated: 92 LETTER MOTION for Conference Request for Pre-Motion Conference in Anticipation of Motion for Summary Judgment addressed to Judge Philip M. Halpern from Leo Dorfman dated July 30, 2022. filed by Christopher P. St. Lawrence, The Town of Ramapo, Samuel Tress, Brendel Charles, Yitzchok Ullman, Christopher P. St. Lawrence, Patrick J. Withers, Brendel Charles, Brad R. Weidel. (Signed by Judge Philip M. Halpern on 8/9/2022) (jca)
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Filing
89
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Philip M. Halpern on 4/25/2022) (jca)
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Filing
67
ORDER: Due to the extension of the discovery schedule, the case management conference previously scheduled for 6/9/2020 is adjourned to 9/10/2020 at 2:00 p.m. SO ORDERED. (Signed by Judge Philip M. Halpern on 6/1/2020) ( Case Management Conference set for 9/10/2020 at 02:00 PM before Judge Philip M. Halpern.) (ks)
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Filing
63
CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for: Status Conference before the Honorable Kenneth M. Karas, United States District Judge, on Tuesday, January 7, 2020 at 11:30 a.m. in Courtroom 521, U.S. Dist rict Court, 300 Quarropas Street, White Plains, New York 10601. Any scheduling difficulties must be brought to the attention of the Court in writing, at least five business days beforehand. SO ORDERED. (Status Conference set for 1/7/2020 at 11:30 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 12/17/2019) (jca)
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Filing
55
OPINION & ORDER re: 48 MOTION to Dismiss . filed by Thomas Cokeley, Christopher P. St. Lawrence, The Town of Ramapo, Brendel Charles, Samuel Tress, Yitzchok Ullman, Christopher P. St. Lawrence, Patrick J. Withers, Peter F. B rower, Brendel Charles, Brad R. Weidel., Thomas Cokeley (as Captain, Police Department Town of Ramapo, Individually ), Thomas Cokeley (as Captain, Police Department Town of Ramapo, and sued in their official capacities as employees of the Town of Ramapo), Peter F. Brower (as Former Chief of Police, Police Department Town of Ramapo, and sued in their official capacities as employees of the Town of Ramapo) and Peter F. Brower (as Former Chief of Police, Police Department Town of Ramapo, Individually) terminated. For the foregoing reasons, the Court grants Defendants' Motion To Dismiss with respect to Plaintiff's § 1983 and NYSHRL § 296 claims against Defendants Brower and Cokeley. Plaintiff's claims survi ve against all other Defendants, but only with respect to her termination. The claims that are dismissed are dismissed without prejudice. Although Plaintiff has filed an Amended Complaint in this Action, this is the first adjudication on Defendants M otion to Dismiss. See Rennalls v. Alfredo, No. 12-CV-5300, 2015 WL 5730332, at *5 n.6 (S.D.N.Y. Sept. 30, 2015) ("[The] Court will afford Plaintiff an opportunity to amend if, after reviewing this Order and Opinion and the law therein, he still believes that he can plausibly state claims against Defendants."). If Plaintiff wishes to file a Second Amended Complaint alleging additional facts and otherwise addressing the deficiencies identified above, Plaintiff must do so within 30 days o f the date of this Opinion & Order. Failure to do so will result in the dismissal of this Action with prejudice. The Clerk of Court is respectfully direct to terminate the pending Motion, (see Dkt. No. 48.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/25/2019) (kv) Transmission to Orders and Judgments Clerk for processing.
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