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14-7032 - Figurowski v. Marbil Investors, LLC et al


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14-7032 - Figurowski v. Marbil Investors, LLC et al
March 30, 2018
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MEMORANDUM & ORDER granting in part and denying in part 54 Motion for Summary Judgment; granting in part and denying in part 73 Motion for Summary Judgment; For the foregoing reasons, Defendants' motion for summary judgment against Dorothy Figurowski (Docket Entry 54) is GRANTED IN PART and DENIED IN PART. Dorothy's overtime claims under the FLSA and the NYLL and her minimum wage claim under the FLSA are DISMISSED WITH PREJUDICE. The Court declines to exercise supplemental jurisdiction over her remaining state law claims, and they are DISMISSED WITHOUT PREJUDICE to refiling in state court. The Clerk of the Court is directed to TERMINATE Dorothy Figurowski as a Plaintiff in this matter and to enter judgment accordingly. Defendants and Lieb's motion for summary judgment against Roger Figurowski is GRANTED IN PART and DENIED IN PART. Specifically, the motion is DENIED with respect to Roger's claim for retaliation under the ADEA and the NYSHRL for Defendants' refusal to pay him severance, and GRANTED in all other respects. Accordingly, his claims for age discrimination under the ADEA and the NYSHRL, retaliation under the ADEA and NYSHRL relating to his restricted access to the basement storage room, aiding and abetting by Lieb in violation of the NYSHRL, and breach of contract are DISMISSED WITH PREJUDICE. The Clerk of the Court is directed to TERMINATE Barbara Lieb as a Defendant in this matter. The parties shall file letters within fourteen (14) days of the date of this Memorandum and Order setting forth their respective positions on scheduling a settlement conference with Judge A. Kathleen Tomlinson. Additionally, the parties are directed to file a revised proposed joint pretrial order within thirty (30) days of the date of this Memorandum and Order and are further directed to appear for a pre-trial conference with Judge Tomlinson on May 14, 2018 at 11:30AM. So Ordered by Judge Joanna Seybert on 3/30/2018. C/ECF (Valle, Christine)