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Civil Rights: Americans with Disabilities - Employment | New York Southern
Order
ORDER for 60 Report and Recommendations, The Court has reviewed the Report and has found no error, clear or otherwise. It is hereby ORDERED that the Report is ADOPTED IN FULL. As set forth in the Report, the Complaint adequately alleges the e lements of claims for disability discrimination and failure to accommodate; and while Defendants identify video evidence that may ultimately undermine Mr. Bullock's allegations of a disability, the existence of a factual dispute as to the existe nce or extent of a plaintiff's disability is not a sufficient basis on which to grant a motion for judgment on the pleadings. See Report at 13-15. Nor is it a basis to grant such a motion on a retaliation claim. See id. at 15-18. Accordingly, MM C's Motion for Judgment on the Pleadings, ECF No. 37, is DENIED. With respect to MMC's sanctions motion, the Report lays out reasons why the motion should be denied on the basis of the current record, and that it is premature at this stage of the litigation. See Report at 20-22. MMC's Motion for Sanctions, ECF No. 40, is therefore DENIED WITHOUT PREJUDICE. MMC is directed to serve Plaintiff with a copy of this Order, and to file proof of service on the docket within three (3) business days of the date of this Order. The Clerk of Court is respectfully directed to terminate ECF Nos. 37 and 40. SO ORDERED. (Signed by Judge Dale E. Ho on 6/30/2026) (ks) Transmission to Orders and Judgments Clerk for processing.
Mail Order by USPS
Mailed a copy of 60 Report and Recommendations, 67 Order, 61 Scheduling Order, and copy of docket sheet to Shawn Bullock 700 Rosewood Street Apt. 5B Bronx, NY 10467 (ca)
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