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New York Power Authority
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Order | Filed: April 22, 2024 | Entered: April 22, 2024 Mendez v. Kessler et al
Civil Rights: Jobs | New York Western
Judgment
JUDGMENT in favor of New York Power Authority, Joseph Kessler, Justin Driscol, Justin Pruyne, Nancy Harvey against Eustace Augustus Mendez. Signed by Mary C. Loewenguth, Clerk of Court on 4/22/24. (SG)
This was mailed to: Plaintiff.
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Order | Filed: April 22, 2024 Mendez v. Kessler et al
Civil Rights: Jobs | New York Western
Order
ORDER ADOPTING REPORT AND RECOMMENDATIONS adopting Report and Recommendations and granting 9 Motion to Dismiss without leave to amend. Signed by Hon. John L. Sinatra, Jr. on 4/22/24. (SG)
This was mailed to: Plaintiff.
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Order | Filed: April 15, 2024 DeFranco v. New York Power Authority
Civil Rights: Jobs | New York Western
Order
AMENDED DECISION & ORDER re 21 MOTION to Amend/Correct the Plaintiff's Complaint filed by Russell J. DeFranco, 22 Renewed Motion to Dismiss filed by New York Power Authority. For the reasons stated in the attached Amended Decis ion & Order, this Court GRANTS IN PART and DENIES IN PART DeFranco's motion to amend, Docket Item 21, and GRANTS IN PART and DENIES IN PART NYPA's renewed motion to dismiss, Docket Item 22. More specifically, NYPA's motion to dismiss i s GRANTED with respect to the Third and Seventh Causes of Action, and the portions of the First and Sixth Causes of Action based on discrimination due to DeFranco's 2020 medical incident; DeFranco's motion to amend is DENIED with respect to those claims. DeFranco's motion to amend is GRANTED with respect to all other claims—including his hostile work environment and discrimination claims based on his hearing impairment (in the First and Sixth Causes of Action) and his retalia tion claims (Second, Fourth, Fifth, Eighth, and Ninth Causes of Action)—and NYPA's motion to dismiss is DENIED with respect to those claims. DeFranco shall file a second amended complaint consistent with this decision and order on or before April 29, 2024. NYPA shall answer the second amended complaint consistent with Federal Rule of Civil Procedure 12(a). SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 4/15/2024. (RFI)
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