Martin v. Performance Trans. Inc. et al
| Anthony Martin |
| Performance Trans. Inc., Trucking Support Services, LLC, First Global Express, LLC, Distribution Cooperative Network, Velocity Tran. Inc. and John Kasap |
| 6:2017cv06471 |
| July 17, 2017 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| David G. Larimer |
| Employment |
| 42 U.S.C. ยง 2003 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
84
DECISION AND ORDER Defendants' motion to dismiss the complaint pursuant to Rule 37(d) of the Federal Rules of Civil Procedure 79 is granted, and the complaint is dismissed. Signed by Hon. David G. Larimer on 10/4/2022. (KAH)This was mailed to: Plaintiff Anthony Martin.Clerk to Follow up
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Filing
75
ORDER denying 71 Motion seeking recusal. Signed by Hon. Mark W. Pedersen on 5/5/22. (Pedersen, Mark)
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Filing
70
DECISION AND ORDER re 65 Bill of Costs,, filed by Distribution Cooperative Network, Velocity Tran. Inc., Performance Trans. Inc., John Kasap, First Global Express, LLC, Trucking Support Services, LLC. The Court awards the full amount Defendants' request totaling $2,104.66. This includes the lodestar calculation and the costs associated with both Plaintiffs failure to appear for his deposition and Defendants preparation and prosecution of the motion for sanctions. Accor dingly, the Court directs Plaintiff to issue a check in the amount of $2,104.66 to Defendants counsel within 30 days of the date of this Decision and Order.Signed by Hon. Mark W. Pedersen on 3/21/22. Copy of this NEF and order mailed to pro se plaintiff at 61 Pulaski Street, Rochester, NY 14621 (KAP)
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Filing
44
DECISION AND ORDER Defendants' motion for summary judgment 26 is granted in part and denied in part. Defendants' motion for summary judgment dismissing plaintiff's first cause of action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., is granted, and that cause of action is dismissed. In all other respects, defendants' motion is denied. Signed by Hon. David G. Larimer on 10/4/2019. (KAH)-CLERK TO FOLLOW UP-
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Filing
34
DECISION AND ORDER Pursuant to Rule 12(d) of the Federal Rules of Civil Procedure, the Court gives the parties notice of its intention to convert defendants' motion for judgment on the pleadings 26 to a motion for summary judgment under Rule 56.Defendants shall submit, no later than January 22, 2019, any additional materials pertinent to defendants' motion, in accordance with Rule 56(e) of the Federal Rules of Civil Procedure and Rule 56.1 of the Local Rules of Civil Procedure fo r this district. Plaintiff must file his response no later than twenty-one (21) days after the filing of defendants' papers.Plaintiff is also hereby advised as follows:The defendants in your lawsuit have filed a motion for summary judg ment pursuant to Rule 56 of the Federal Rules of Civil Procedure, which means that summary judgment will be granted if the Court finds that there is no genuine issue as to any material fact and that the moving parties are entitled to judgment as a ma tter of law. Fed.R.Civ.P. 56(c).Failure to Respond to the Defendants' Motion for Summary Judgment May Result in the Grant of Judgment in Favor of the Defendants and the Dismissal of All or Part of Your Case.Therefore, you MUST submit oppo sing papers in the form of one or more affidavits (or affirmations) made upon the personal knowledge of the person signing each affidavit. Each affidavit must set forth admissible facts and must show that the person submitting that affidavit is comp etent to testify as to the matters stated therein (because he or she has personal knowledge of the facts set forth in the affidavit). If you wish to submit exhibits in opposition to the motion, you may attach to the affidavit (or submit separately) sworn or certified copies or all papers or parts thereof which are referred to in an affidavit.You MUST also submit a separate, short, and concise statement of the material facts as to which you contend there exists a genuine issue which must be t ried. See Rule 56 of the Local Rules of Civil Procedure (available on the Western District web site at www.nywd.uscourts.gov). Note that all of the material facts which have been set forth in the statement served on you by the moving party (which th at party claims are material facts about which there is no genuine issue to be tried) will be deemed to have been admitted by you unless you controvert the facts in your statement of material facts presenting a genuine issue requiring a trial.You MUST also submit a separate answering memorandum of law, Local Rule 7.1(e), which may not exceed 25 pages in length without prior approval of the Court, Local Rule 7.1(f). Failure to comply may result in the motion being decided against the non-complying party. Signed by Hon. David G. Larimer on 1/3/2019. Copy of this Decision and Order sent by First Class Mail to plaintiff Anthony Martin on 1/3/2019 to his address of record. (KAH)-CLERK TO FOLLOW UP-
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