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04-401 - White v. Home Depot Inc. et al

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04-401 - White v. Home Depot Inc. et al
July 10, 2006
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ORDER denying without prejudice to renew the44 Motion for Summary Judgment. See order for details.. Ordered by JudgeThomas C. Platt on 7/10/2006. (O'Hara, Karen)
January 17, 2008
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MEMORANDUM AND ORDER on 64 Defendant's motion for summary judgment. The motion is GRANTED in part, dismissing (1) Plaintiff's NYSHRL claims because Plaintiff elected his rememdies under State law, (2) Plaintiff's claims against the individual Defendants in their individual and official capacities, (3) all but one of Plaintiff's failure to promote claims as time-barred, and (4) Plaintiff's breach of contract claim. Defendant's Summary Judgment motion is DENIED in all other respects. The claims by Plaintiff which may for forward include claims against Home Depot for violations of Title VII, ADEA, and 42 U.S.C. Section 1981 for failure to promote, excessive scrutiny, and unlawful retaliation. SO ORDERED. Ordered by Senior Judge Thomas C. Platt on 1/17/08. (Brienza, Lauren)