Melendez v. County Of Westchester et al
Plaintiff: Michelle Melendez
Defendant: County Of Westchester, Westchester County Department of Corrections Superior Office, Westchester County Correction Officers Benevolent Association, Inc., Westchester County Department of Public Safety Services Benevolent Association, Westchester County Correction Officers Union, Inc., Darren Ayotte and Kevin M. Cheverko
Case Number: 7:2017cv09637
Filed: December 7, 2017
Court: US District Court for the Southern District of New York
Office: White Plains Office
Presiding Judge: Nelson Stephen Roman
Nature of Suit: Employment
Cause of Action: 28:1331
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 27, 2021 Opinion or Order Filing 88 ORDER re: 86 Taxation of Costs. Having presided over this matter through the pleading and summary judgment stages, the Court is confident that even though Plaintiff did not prevail on her claims, this action was not pursued in bad faith. Fur ther, "costs are to be taxed against the losing party." Wilder v. GL Bus Lines, 258 F.3d 126, 129 (2d Cir. 2001). That the Second Circuit has recognized that district courts may consider sources other than the losing party, see Hogan v. Novartis Pharms. Corp., 548 F. App'x 672, 674 (2d Cir. 2013) (holding that district court did not abuse discretion by considering availability of funds from plaintiff's attorney who had contracted for an interest in her legal claim), does not mean that district courts must impose such costs, see Wilder, 258 F.3d at 129 ("Rule 54(d)(1) is phrased permissively not because it permits a court to impose costs on counsel instead of the losing party, but rather because it permits a court to refuse to impose costs on the losing party at all."). The Court finds that, in light of the uncontested evidence that Plaintiff is unemployed and suffering from financial hardship, it would be inequitable to tax costs here. Accordingly, the Court GRANTS Plaintiff's motion to vacate the Clerk's Bill of Costs and directs the Clerk of Court to vacate the Bill of Costs at ECF No. 86. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/27/2021) (rj)
February 9, 2021 Opinion or Order Filing 81 CLERK'S JUDGMENT re: 80 Memorandum & Opinion in favor of County Of Westchester, Westchester County Correction Officers Union, Inc., Westchester County Department of Corrections Superior Office, Westchester County Department of Public Safe ty Services Benevolent Association, Kevin M. Cheverko against Michelle Melendez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated February 8, 2021, Defendants' motion for summary judgment dismissing Plaintiff's remaining claims is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 2/9/2021) (Attachments: # 1 Right to Appeal) (km)
February 8, 2021 Opinion or Order Filing 80 OPINION & ORDER re: 70 MOTION for Summary Judgment . filed by Westchester County Department of Corrections Superior Office, County Of Westchester, Kevin M. Cheverko. Defendants' motion for summary judgment dismissing Plaintif f's remaining claims is GRANTED. The Clerk of Court is directed to enter judgment in Defendants' favor and to terminate the motion at ECF No. 70 and this action. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/8/21) (yv) Transmission to Orders and Judgments Clerk for processing.
January 23, 2019 Opinion or Order Filing 45 OPINION AND ORDER. For the foregoing reasons, Defendants' Motion to Reconsider is GRANTED. Accordingly, Plaintiff's claims for sex-based discrimination and retaliation under New York State law are DISMISSED. Defendants are directed to answe r the Amended Complaint by February 22, 2019 and submit a completed case management plan to chambers by March 1, 2019. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 43. So ordered. re: 43 MOTION for Reconsider ation re; 42 Memorandum & Opinion, Set Deadlines on the limited issue of Plaintiff's failure to comply with NYS Notice of Claim requirements filed by Westchester County Department of Corrections Superior Office, County Of Westches ter, Kevin M. Cheverko. Kevin M. Cheverko answer due 2/22/2019; County Of Westchester answer due 2/22/2019; Westchester County Correction Officers Union, Inc. answer due 2/22/2019; Westchester County Department of Corrections Superior Office answer due 2/22/2019; Westchester County Department of Public Safety Services Benevolent Association answer due 2/22/2019. (Signed by Judge Nelson Stephen Roman on 1/23/2019) (rjm)
January 16, 2019 Opinion or Order Filing 42 OPINION & ORDER: For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED in part and DENIED in part. Defendants' Motion to Dismiss is GRANTED as to Plaintiff's claims for: disability-based discrimination and retaliation under the ADA and New York State law, sex-based discrimination under Title VII, tortious interference under New York State Law, and Section 1983 based on a due process violation. Defendants' Motion to Dismiss Plaintiff's claims for sex- based discrimination and retaliation under New York State law is DENIED, and similarly, Defendants' Motion to Dismiss her 1983 claim based on an equal protection theory is DENIED. Accordingly, Defendants are directed to answer the Amended Com plaint by February 15, 2019 and submit a completed case management plan to chambers by February 26, 2019. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 37. SO ORDERED. re: 37 MOTION to Dismiss the Amend ed Complaint. filed by Westchester County Department of Corrections Superior Office, County Of Westchester, Kevin M. Cheverko., Kevin M. Cheverko answer due 2/15/2019; County Of Westchester answer due 2/15/2019; Westchester County Correction Officers Union, Inc. answer due 2/15/2019; Westchester County Department of Corrections Superior Office answer due 2/15/2019; Westchester County Department of Public Safety Services Benevolent Association answer due 2/15/2019. (Signed by Judge Nelson Stephen Roman on 1/16/2019) (rj)
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Defendant: County Of Westchester
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Defendant: Westchester County Department of Corrections Superior Office
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Defendant: Westchester County Correction Officers Benevolent Association, Inc.
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Defendant: Westchester County Department of Public Safety Services Benevolent Association
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Defendant: Westchester County Correction Officers Union, Inc.
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Defendant: Darren Ayotte
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Defendant: Kevin M. Cheverko
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Plaintiff: Michelle Melendez
Represented By: Melissa Mendoza
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