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08-1593 - Holcombe v. US Airways Group, Inc. et al


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08-1593 - Holcombe v. US Airways Group, Inc. et al
September 30, 2013
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MEMORANDUM AND ORDER: The court GRANTS the Union's motion to dismiss 74 with respect to Plaintiff's breach of the CBA claim, her NYSHRL and NYCHRL claims, her ADA discrimination claim, and her fraud claim (Counts II, IV, VI, VII, VIII, IX, X, and XIX). The Union's motion is DENIED with respect to Plaintiff's ADA claims of breach of the duty of fair representation and retaliation (Counts I and V). The court GRANTS US Airways' motion to dismiss 75 with respect to Plaintiff's breach of the CBA claims, her NYSHRL, NYCHRL, and ADA claims of retaliation, and her fraud claim (Counts II, III, XII, XIV, XVI, and XIX). US Airways' motion is DENIED with respect to Plaintiff's NYSHRL and NYCHRL discrimination claims (Counts XIII and XV). US Airways' motion is FURTHER DENIED as to Plaintiff's ADA claim of discrimination, but only insofar as Plaintiff has alleged claims that accrued after November 26, 2006 (Count XI). In all other respects, Plaintiff's ADA claim of discrimination against US Airways is DISMISSED. Finally, the court GRANTS Bove and Holdren's motion to dismiss 78 in its entirety (Counts VIII, XVI, and XVII). Ordered by Judge Sandra L. Townes on 9/30/13. (Frullo, Veronica)
September 26, 2014
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ORDER OF RECUSAL. Magistrate Judge Joan M. Azrack recused. See attached order. Case reassigned to Magistrate Judge James Orenstein for all further proceedings. Ordered by Magistrate Judge Joan M. Azrack on 9/26/2014. (Terranova, Robert)
September 30, 2014
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ORDER: Plaintiff's motion for reconsideration 92 is denied in its entirety. Matsiborchuk's request for a retaining lien is denied and Matsiborchuk's request for a charging lien 114 is denied without prejudice to renew after the conclusion of the underlying litigation. Additionally, the Clerk of Court is respectfully directed to terminate as moot Matsiborchuk's motion for Magistrate Judge Azrack's recusal 119 pursuant to 28 U.S.C. section 455(a). Ordered by Judge Sandra L. Townes on 9/30/2014. (Frullo, Veronica)
March 29, 2017
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ORDER: For the reasons set forth in the attached document, I conclude that plaintiff Holcombe justifiably terminated her former counsel for cause; I therefore deny the attorney's motion for compensation in quantum meruit (docket entry 196) and grant the plaintiff's motion to extinguish the attorney's charging lien (docket entry 185). Ordered by Magistrate Judge James Orenstein on 3/29/2017. (Orenstein, James)