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04-1007 - Campbell v. County of Onondaga, Jamesville Correctional Facility


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04-1007 - Campbell v. County of Onondaga, Jamesville Correctional Facility
September 29, 2009
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MEMORANDUM-DECISION&ORDER: granting in part and denying in part the # 36 Motion for Summary Judgment. Specifically it is Ordered that defendants motion for dismissal of plaintiffs Title VII claims as time barred by the applicable statute of limitations is GRANTED; that plaintiffs claims pursuant to 42 U.S.C. § 1981 based upon gender discrimination are dismissed for failure to state a cause of action; that defendants motion for summary judgment and dismissal of plaintiffs claims pursuant to NYSHRL and 42 U.S.C. § 1981 of racial discrimination based upon defendants failure to promote is GRANTED; that defendants motion for summary judgment and dismissal of plaintiffs claims of hostile work environment pursuant to NYSHRL and 42 U.S.C. §1981 is GRANTED; that defendants motion for summary judgment and dismissal of plaintiffs claims pursuant to NYSHRL and 42 U.S.C. § 1981 of racial discrimination based upon disparate discipline and termination is DENIED; that defendants motion for summary judgment and dismissal of plaintiffs claims pursuant to NYSHRL and 42 U.S.C. § 1981 for retaliation based upon disparate discipline and termination is DENIED; that defendants motion for summary judgment and dismissal of plaintiffs claim of intentional infliction of emotional distress is GRANTED; that defendants motion for summary judgment and dismissal of plaintiffs claim for punitive damages if GRANTED. Signed by Chief Judge Norman A. Mordue on 9/29/09. (jmb)
February 5, 2010
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JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT: this action is hereby dismissed in its entirety without prejudice to re-opening upon the motion of any party within thirty days of the date of the filing of this order upon a showing that the settlement was not consummated. The dismissal shall become with prejudice on the thirty first day. The Jury Trial scheduled for February 16, 2010 is canceled. Signed by Chief Judge Norman A. Mordue. (jmb)