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12-1021 - Alex v. General Electric Company et al


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12-1021 - Alex v. General Electric Company et al
March 31, 2014
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DECISION AND ORDER: It is ORDERED that the Hourly Defendants' # 32 Motion to Dismiss and/or for summary judgment is GRANTED IN PART and DENIED IN PART, as described in Part III.A. of this Decision and Order. It is further ORDERED that Management Defendants' # 35 Motion to Dismiss and/or for summary judgment is GRANTED IN PART and DENIED IN PART, as described in Part III.B. of this Decision and Order. It is further ORDERED that all claims asserted in Plaintiff's # 4 Amended Complaint are DISMISSED except for the following six claims, which SURVIVE Defendants' motions: 1) Plaintiffs hostile-work-environment claim against Defendant Lanoue under 42 U.S.C. § 1981; (2) Plaintiffs hostile-work-environment claim against Defendant Lanoue under N.Y. Exec. Law § 296; (3) Plaintiffs sexual-harassment claim against Defendant Lanoue under N.Y. Exec. Law § 296; (4) the portion of Plaintiffs retaliation claim against Defendant General Electric under Title VII that arises from Plaintiff's termination; (5) the portion of Plaintiffs retaliation claim against Defendants General Electric, Vavrasek and O'Gorman under 42 U.S.C. § 1981 that arises from Plaintiff's termination; and (6) the portion of Plaintiffs retaliation claim against Defendants General Electric, Vavrasek and O'Gorman under N.Y. Exec. Law § 296 that arises from Plaintiff's termination. The Clerk is directed to terminate all defendants, except for Defendants Lanoue, General Electric, Vavrasek and O'Gorman. It is further ORDERED that the Hourly Defendants' # 32 motion for summary judgment is denied only WITHOUT PREJUDICE. It is further ORDERED that the following portions of the Management Defendants' # 35 motion for summary judgment are denied only WITHOUT PREJUDICE: (a) the portion seeking the dismissal of Plaintiff's retaliation claim against Defendant General Electric under Title VII arising from Plaintiff's termination; (b) the portion seeking the dismissal of Plaintiff's retaliation claim against Defendants General Electric, Vavrasek and O'Gorman under 42 U.S.C. § 1981 arising from Plaintiff's termination; and (c) the portion seeking the dismissal of Plaintiff's retaliation claim against Defendants General Electric, Vavrasek and O'Gorman under N.Y. Exec. Law § 296 arising from Plaintiff's termination. It is further ORDERED that Defendants file an answer to the Plaintiff's Complaint within 14 days of the date of this Memorandum-Decision and Order pursuant to Fed.R.Civ.P. Rule 12(a)(4)(a) and this case is referred back to Magistrate Judge Christian F. Hummel for the setting of pretrial scheduling deadlines. Signed by Judge Glenn T. Suddaby on 3/31/2014. (nmk)
June 4, 2014
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DECISION AND ORDER granting in part and denying in part #49 Defendant Lanoue's Motion for Reconsideration such that Plaintiff's claims of hostile work environment and sexual harassment against Defendant Lanoue under Executive Law Section 296 are dismissed, but Defendant Lanoue's motion for reconsideration is otherwise denied; and denying #57 Plaintiff's Motion for Reconsideration. This case is referred back to Magistrate Judge Hummel for the setting of pretrial scheduling deadlines. Signed by Judge Glenn T. Suddaby on 6/4/14. (lmw)
March 14, 2016
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DECISION AND ORDER granting #79 Defendant Michele Lanoue's Motion for Summary Judgment; and granting #81 Management Defendants' Motion for Summary Judgment. Signed by Chief Judge Glenn T. Suddaby on 3/14/16. (lmw)