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11-1097 - Naumovski v. Binghamton University, The State University of New York et al


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11-1097 - Naumovski v. Binghamton University, The State University of New York et al
April 17, 2018
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MEMORANDUM-DECISION AND ORDER: It is ORDERED that Defendants' # 24 Motion for Summary Judgment is GRANTED in part and DENIED in part. It is further ORDERED that Defendants' motion for summary judgment is GRANTED and the following claims are DISMISSED: (a) All Title VII (First, Second, Third) and Title IX (Fourth, Fifth, Six) causes of action against defendants James Norris and Nicole Scholl; (b) All § 1983 (Seventh, Eighth, Ninth) causes of action against defendants Binghamton University, the State University of New York and the State University of New York; (c) All New York State Human Rights Law (Thirteenth, Fourteenth, Fifteenth) causes of action against all defendants; (d) All national origin based causes of action (First, Ninth, Tenth, Thirteenth) against all defendants;(e) All New York State Constitution (Tenth, Eleventh, Twelfth) causes of action against all defendants; (f) The § 1983 First Amendment retaliation (Ninth) cause of action against all defendants; and (g) Any and all claims asserted against John and/or Jane Does. It is further ORDERED that Defendants' motion for summary judgment is DENIED and the following claims REMAIN for trial: (a) Title VII sex-based discrimination (First), hostile work environment (Second), and retaliation (Third) causes of action against defendants Binghamton University, the State University of New York and the State University of New York; (b) Title IX sex-based discrimination (Fourth), hostile work environment (Fifth), and retaliation (Sixth) causes of action against defendants Binghamton University, the State University of New York and the State University of New York; and (c) 42 U.S.C.§ 1983 sex-based discrimination (Eighth) and hostile work environment (Ninth) causes of action against defendants James Norris and Nicole Scholl. It is further ORDERED that trial is scheduled for September 10, 2018 in Utica, New York. Signed by Judge David N. Hurd on 4/17/2018. (mc)
September 4, 2018
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DECISION and ORDER: It is ORDERED that Defendants' 51 motion for reconsideration is DENIED; and Trial is rescheduled for February 11, 2019, with pre-trial submissions due on or before noon on January 18, 2019. Signed by Judge David N. Hurd on 9/4/2018. (jlb)