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Labor: E.R.I.S.A. | New York Southern
Memo Endorsement
MEMO ENDORSEMENT on re: 91 Letter filed by Suzanne Lucas. ENDORSEMENT: For avoidance of doubt, the Court notes the following misapprehensions in Mr. Delott's letter: First, Mr. Delott states that "the June 18th order explicitly held Ms. Lucas exhausted her administrative remedies prior to filing suit." The order held no such thing; it simply held that Hartford has not shown that it is entitled to judgment as a matter of law on the question of whether Ms. Lucas exhausted her administrative remedies. Second, Mr. Delott states that "defeating a summary judgment motion constitutes a substantial, non-trivial success on the merits." That is incorrect in this case because Hartford's summary judgment motion addressed only the question of whether Plaintiff exhausted her administrative remedies. It did not discuss the merits of Ms. Lucas's claim in any way. Third, Mr. Delott's representation that it would be premature to proceed to a bench trial without first allowing the parties to move for summary judgment is inconsistent with Rule 4(G)(i) of the Undersigned's Individual Practices in Civil Cases, which provides that summary judgment is generally not available in non-jury cases. If Mr. Delott believes that it would be appropriate for the parties to cross-move for summary judgment on the merits in lieu of proceeding with a bench trial, he can request leave to so move at the July 14, 2026, conference. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/23/2026) (jjc)
Letter
LETTER addressed to Judge Valerie E. Caproni from Jeffrey D Delott dated June 22, 2026 re: 6-18-26 Order. Document filed by Suzanne Lucas. (Attachments: # 1 Affidavit Lucas Declaration).(Delott, Jeffrey)
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