Murtha v. New York State Gaming Commission et al
| James Murtha |
| New York State Gaming Commission, Brian Barry, Stephanie Wolf and Thomas Kotarski |
| 1:2017cv10040 |
| December 22, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Nelson Stephen Roman |
| Americans with Disabilities - 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
83
MEMORANDUM OPINION AND ORDER re: 66 MOTION for Summary Judgment . filed by Brian Barry, Stephanie Wolf, New York State Gaming Commission, Thomas Kotarski. For the foregoing reasons, Defendants' motion for summary judgment wit h respect to Plaintiff's claims for relief asserted under federal law is GRANTED. The Court declines to exercise supplemental jurisdiction over Plaintiff's NYSHRL claims. and dismisses same without prejudice to re-filing in the proper fo rum. The Clerk of the Court is respectfully directed to (1) terminate the motion sequence pending at Doc. 66; and (2) close this case. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/15/2022) (jca) Transmission to Orders and Judgments Clerk for processing.
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Filing
81
ORDER granting 79 Letter Motion to Seal. Application granted. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 79. SO ORDERED.. (Signed by Judge Philip M. Halpern on 10/19/2021) (kv)
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Filing
63
ORDER granting 61 Letter Motion to Seal. Application granted. the Clerk is directed to terminate ECF No. 61. SO ORDERED.. (Signed by Judge Philip M. Halpern on 2/16/2021) (ks)
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Filing
48
MEMORANDUM OPINION AND ORDER. Plaintiff's request that the Court overrule Magistrate Judge Smith's Order is DENIED. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/9/20) (yv)
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Filing
42
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Philip M. Halpern on 7/13/2020) (rro)
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Filing
39
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request, or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the court as hereinafter set forth and further set forth in this Order. (Signed by Magistrate Judge Lisa Margaret Smith on 12/26/2019) (rro)
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Filing
32
ORDER: The Court waives the Initial Pre-trial Conference and directs the parties to complete a Case Management Plan and Scheduling Order (blank form attached hereto). Said Scheduling Order shall be submitted to chambers by December 17, 2019. After re view and approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Lisa Margaret Smith for general pretrial purposes. The parties are directed to contact Judge Smith within seven (7) business days of the date of the Order of Reference to schedule a conference. (Signed by Judge Nelson Stephen Roman on 11/26/2019) (va)
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Filing
28
OPINION AND ORDER: re: 22 MOTION to Dismiss filed by Brian Barry, Stephanie Wolf, Thomas Kotarski. For the foregoing reasons, Defendants' motion to dismiss is GRANTED to the extent that (1) the FAC's third and seventh causes of action are dismissed without prejudice in their entirety, (2) the first and sixth causes of action are dismissed in part without prejudice to the extent they are premised on Plaintiff's allegations of discriminatory termination and hostile work environ ment, (3) the eighth cause of action is dismissed without prejudice as against Defendant Thom Kotarski, and (4) the sixth and eighth causes of action are dismissed without prejudice to the extent that theyseek injunctive relief and punitive damages, and the motion to dismiss is otherwise DENIED. Plaintiff shall have until October 16, 2019, to seek leave to file a second amended complaint as to those claims that are dismissed without prejudice. If Plaintiff does not timely seek leave to further a mend, all claims dismissed pursuant to this Opinion and Order will be dismissed with prejudice, and Defendants shall file answers on or before November 18, 2019. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 22. SO ORDERED., ( Motions due by 10/16/2019.) (Signed by Judge Nelson Stephen Roman on 9/17/2019) (ama)
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