Murray v. The Dutchess County Department of Public Works et al
| Nelson A. Murray |
| The Dutchess County Department of Public Works, Robert Balkind, Gary Cooper, Mathew Dutcavich, David Whalen and David Balkind |
| 7:2017cv09121 |
| November 21, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Kenneth M. Karas |
| Employment |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
142
CLERK'S JUDGMENT re: 141 Memorandum & Opinion in favor of Dutchess County, James Dewitt, Marcus J Molinaro, Mathew Dutcavich, Robert Balkind against Nelson A. Murray. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated June 30, 2023, Defendants' motion for summary judgment is GRANTED and Plaintiff's First Amended Complaint is dismissed with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/5/2023) (Attachments: # 1 Appeal Package) (km)
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Filing
141
OPINION AND ORDER re: 117 MOTION for Summary Judgment . filed by James Dewitt, Mathew Dutcavich, Marcus J Molinaro, Robert Balkind, Dutchess County.For the foregoing reasons, Defendants' motion for summary judgment is GRANT ED and Plaintiff's First Amended Complaint is dismissed with prejudice. The Clerk of Court is respectfully directed to (i) terminate the motion sequence pending at Doc. 117 and (ii) close this case. SO ORDERED. (Signed by Judge Philip M. Halpern on 6/30/2023) (jca) Transmission to Orders and Judgments Clerk for processing.
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Filing
139
MEMO ENDORSED ORDER granting 138 Motion to Attach; granting 138 Motion to Seal; granting 137 Letter Motion to Seal. ENDORSEMENT: Application granted. Exhibit J of Murray's Affirmation in Opposition and Exhibits 46 and 48a of Brown 9;s Affirmation in Opposition may be filed under seal. Plaintiff is directed to re-file Doc. 131 without the sealed Exhibit, so that the remainder of the filing is publicly available. The Clerk of the Court is respectfully directed to: (1) strike Doc . 131 from the docket, but retain the docket text for the record; (2) seal Doc. 138 (and its attachments), permitting access only by the parties and the Court, but retaining the summary docket text for the record; and (3) terminate the motion sequences pending at Doc. 137 and Doc. 138. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/29/2022) (vfr)
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Filing
136
ORDER denying without prejudice to renewal 132 FIRST LETTER MOTION to Seal plaintiff's medical records. Application denied without prejudice to renew. Counsel is referred to Rule 5(B) of this Court's Individual Practices and Sections 6 and 21 of the Electronic Case Filing Rules & Instructions. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 132. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/28/2022) (jca)
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Filing
109
ORDER granting 108 Letter Motion to Adjourn Conference. Application granted. The pre-motion scheduled for April 14, 2022 is adjourned to 11:00 a.m. on April 21, 2022. At the time of the scheduled conference, all parties shall call the following n umber: (888) 398-2342; access code: 3456831. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 108. SO ORDERED. Telephone Conference set for 4/21/2022 at 11:00 AM before Judge Philip M. Halpern.. (Signed by Judge Philip M. Halpern on 2/16/2022) (jca)
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Filing
100
ORDER: Counsel for all parties appeared via telephone at 10:30 a.m. today. By November 5, 2021, Defendants are directed to provide Plaintiff with copies of the deposition transcripts identified during the conference that not have not yet been pr ovided to Plaintiff. Also by November 5, 2021, Plaintiff is directed to provide Defendants with copies of the deposition transcripts identified during the conference that have not yet been provided to Defendants. To the extent that any deposition transcript(s) is not available by November 5, 2021, such transcript(s) shall be provided as soon as it becomes available. In accordance with this Courts Individual Practice Rule 4.E., Defendants are directed to serve their Rule 56.1 Statement by December 3, 2021; Plaintiff is directed to respond to the 56.1 Statement in a single document, in compliance with the Court's Individual Practice Rule 4.E.iv., by December 20, 2021. Defendants are directed to file their pre-motion letter and Rule 56.1 Statement by December 22, 2021; Plaintiff is directed to file his letter in opposition by December 27, 2021. Plaintiff, should he be so advised, shall file his motion for class certification by December 3, 2021; Defendants shall file the ir opposition by December 17, 2021; Plaintiff shall file his reply by December 24, 2021. In light of Plaintiff's representation during the conference that he wishes to dismiss all claims against defendant James Dewitt, the parties are furthe r directed to file a proposed stipulation and order by November 5, 2021 dismissing defendant James Dewitt from this action. SO ORDERED. (Motions due by 12/3/2021., Responses due by 12/17/2021, Replies due by 12/24/2021.) (Signed by Judge Philip M. Halpern on 11/3/2021) (jca)
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Filing
99
ORDER denying 94 Letter Motion for Local Rule 37.2 Conference; denying 96 Letter Motion for Local Rule 37.2 Conference. The Court construes Plaintiff's request for a pre-motion conference (Doc. 94) as a motion to compel Ms. Blackburn� 39;s deposition under Federal Rule of Civil Procedure 37. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011) (upholding construction of pre-motion letter as motion). The application is DENIED. The Clerk of the Court is respectfully directed to terminate the motion sequences pending at Doc. 94 and Doc. 96. SO ORDERED.. (Signed by Judge Philip M. Halpern on 8/23/2021) (jca)
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Filing
95
ORDER with respect to 94 Letter Motion for Local Rule 37.2 Conference. Counsel for Plaintiff is directed to file a letter, no longer than two double-spaced pages, explaining precisely why Ms. Blackburn must be deposed in this matter. That letter shall be filed by 5:00 p.m. on August 16, 2021. Counsel for Defendants shall respond, explaining specifically the reasons for refusing to produce Ms. Blackburn, in a letter no longer than two double-spaced pages filed by 5:00 p.m. on August 18, 2021. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/12/2021) (jca)
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Filing
93
ORDER: The Court held a pre-motion conference on June 2, 2021 to address Plaintiff's anticipated motion to file a Second Amended Complaint and the parties' request to extend discovery deadlines. The Court reached the following conclusions on the record; as further set forth herein. Although Plaintiff focused on the propriety of moving to file the Second Amended Complaint under Federal Rule of Civil Procedure 15, the first hurdle facing the application is that the motion is being made after the deadline set by the Amended Civil Case Discovery Plan and Scheduling Order. According to Federal Rule of Civil Procedure 16(b)(4), [a] schedule may be modified only for good cause and with the judge's consent. As embodied by the chron ology outlined above, Plaintiff did not offer good cause to extend further the deadline for making a motion to amend the First Amended Complaint. The motion is, accordingly, denied. Second, in light of the parties' representations about their ea rnest attempts at mediation and settlement, the parties are granted one final extension of time within which to complete discovery. All fact discovery shall be complete on or before August 31, 2021, and expert discovery shall be complete on or before November 1, 2021. Should the parties seek additional information following fact depositions, they are directed to confer with each other informally and in good faith. The parties will appear telephonically for a Final Case Management Conference on N ovember 3, 2021 at 10:30 a.m. At the time of that conference, all parties shall call: (888) 398- 2342; access code: 3456831. The Case Management Conference scheduled previously for July 21, 2021 is cancelled., (Expert Discovery due by 11/1/2021., Fact Discovery due by 8/31/2021., Telephone Conference set for 11/3/2021 at 10:30 AM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 6/2/2021) (nb)
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Filing
75
ORDER granting 74 Letter Motion to Adjourn Conference. Application granted. The July 30, 2020 telephonic conference is adjourned until August 3, 2020 at 1:00 p.m. SO ORDERED.. (Signed by Judge Philip M. Halpern on 7/28/2020) Telephone Conference set for 8/3/2020 at 01:00 PM before Judge Philip M. Halpern. (ks)
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Filing
69
MEMORANDUM OPINION AND ORDER re: 52 MOTION for Reconsideration re; 47 Memorandum & Opinion, Opinion and Order dated 9/25/19. filed by Nelson A. Murray. It is not possible for this Court to conclude that Judge Karas overlooked or misapprehended facts or law identified in Plaintiff's reconsideration motion. Indeed, Plaintiff is simply attempting to reframe his earlier argument and/or advance new arguments to supplant his failed arguments. Reconsideration is not mea nt, as Plaintiff would have it, to permit such reexamination or re-litigation without more than a passing reference to what a court overlooked or misapplied. In addition, and while not dispositive, it is hard to ignore the fact that the Court di smissed Plaintiff's disparate treatment claim without prejudice; and gave Plaintiff 30 days to amend his Complaint "to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consider." See Op. & Order at 34. Rather than take advantage of the opportunity to replead, Plaintiff chose to pursue reconsideration. Based on the foregoing, Plaintiff's motion for reconsideration is denied. The Clerk is instructed to terminate the motion. (Doc. 52). (Signed by Judge Philip M. Halpern on 6/18/2020) (rj)
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Filing
47
OPINION AND ORDER: For the foregoing reasons, Defendants' Motion To Dismiss is granted in part and denied in part. Plaintiff's claims of disparate treatment, hostile work environment, and conspiracy are dismissed. Plaintiff's claim o f retaliation remains, as does his (unchallenged) claim of disparate impact. The claims that are dismissed are dismissed without prejudice. If Plaintiff wishes to file a second amended complaint, Plaintiff must do so within 30 days of the date of this Opinion. Plaintiff should include within that second amended complaint all changes to correct the wishes the Court to consider. Plaintiff is further advised that the second amended complaint will replace, not supplement, all prior complaints and filings. The second amended complaint must contain all of the claims, defendants, factual allegations, and exhibits that Plaintiff wishes the Court to consider. If Plaintiff fails to abide by the 30-day deadline, his claims may be dismissed w ith prejudice and the case will proceed on the remaining claims. Should Plaintiff wish to proceed against Molinaro in his individual capacity or against Dewitt, the Court directs Plaintiff to complete service within 30 days of the date of this Op inion, or they will be dismissed. The Clerk of Court is directed to amend the caption to substitute Dutchess County as a defendant in place of "Dutchess County Executive Branch." See Fed. R. Civ. P. 21. The Clerk of the Court is respectfully requested to terminate the pending Motion. (Dkt. No. 29.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/25/2019) (jca)
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