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12-10735 - Hochstetler v. International Business Machines, Inc.


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12-10735 - Hochstetler v. International Business Machines, Inc.
December 31, 2013
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "In accordance with the foregoing, 1) Defendant's motion for summary judgment (Docket No. 16) is, with respect to plaintiff's age and disability discrimination claims, ALLOWED, but is with respect to plaintiff's failure to accommodate claim, DENIED; 2) Defendant's motion to strike portions of the affidavit of Jeanne Hochstetler (Docket No. 30) is ALLOWED, in part, DENIED, in part, and DENIED as moot, in part, (as set forth below) and 3) Plaintiff's cross-motion for leave to file an amended affidavit (Docket No. 42) is ALLOWED, in part, and DENIED, in part (as set forth below): the phrase "that attacks moisture in my body" and the sixth sentence of paragraph 7 are stricken but plaintiff may amend the sixth sentence of paragraph 7; the Court will not consider paragraph 8 and plaintiff's motion for leave to amend is denied; paragraph 11 is stricken in its entirety; the Court will not consider paragraph 12; the Court will not consider the fourth sentence of paragraph 14 and the fifth sentence is stricken; the third sentence of paragraph 18 is not stricken; the third sentence of paragraph 19 is stricken and plaintiff's motion for leave to amend is denied; paragraph 22 is stricken in its entirety; and paragraph 25 is stricken in its entirety and plaintiff's motion for leave to amend is denied."(LaFlamme, Jennifer)
January 24, 2014
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "For the foregoing reasons, plaintiff's claim of failure to accommodate (Count II) is DISMISSED with prejudice. So ordered."(Moore, Kellyann)