REPORT and RECOMMENDATION LESLIE G. FOSCHIO, Magistrate Judge. JURISDICTION This action was referred to the undersigned by Honorable Richard J. Arcara on November 12, 2010, for all pretrial matters. The matter is presently before the court on Defendant's motion to dismiss (Doc. No. 34), filed February 28, 2011. BACKGROUND and FACTS 1 Plaintiff Nicole Tinnell ("Plaintiff" or "Tinnell"), commenced this action in New York Supreme Court, Erie County, on January 19, 2010, seeking to recover...
DECISION and ORDER REPORT and RECOMMENDATION LESLIE G. FOSCHIO, Magistrate Judge. JURISDICTION This case was referred to the undersigned by Honorable Richard J. Arcara, on January 25, 2011, for all pretrial matters including preparation of a report and recommendation on dispositive motions. The matter is presently before the court on Plaintiffs' motion for to dismiss Defendant's cross-claim for false marking (Doc. No. 32), filed October 18, 2011, and on Defendant's motion to stay (Doc. No....
DECISION AND ORDER WILLIAM M. SKRETNY, Chief Judge. I. INTRODUCTION This action under 42 U.S.C. 1983 and state tort law is brought by a former elected member of the Lewiston-Porter School Board against the Lewiston-Porter Central School District and current/former School Board members David Schaubert, Louis Palmeri, Robert Laub, and James Mezhir. Plaintiff Edward Lilly asserts Defendants violated his constitutional rights and committed malicious prosecution and intentional infliction of...
DECISION AND ORDER WILLIAM M. SKRETNY, Chief Judge. I. INTRODUCTION Plaintiff, Jene-Elise Stahura-Uhl, brings this action against the Iroquois Central School District ("School District" or "District") and four individual defendants, all of whom served in a supervisory capacity for the School District. Plaintiff alleges that Defendants unlawfully retaliated against her for exercising her rights under the First Amendment and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 ("...
DECISION and ORDER MICHAEL A. TELESCA, District Judge. INTRODUCTION Plaintiffs Terra Ross-Caleb, ("Ross-Caleb") Alfonda Crawford, ("Crawford") Jewanta Desardouin, ("Ms. Desardouin") Theresa Smith, ("Smith") and Jean Claude Desardouin ("Mr. Desardouin") all current or former employees of the defendant City of Rochester ("the City"), bring this action for employment discrimination against the City and defendant Vincent McIntyre ("McIntyre"), claiming that they were discriminated against on...
DECISION AND ORDER DAVID G. LARIMER, District Judge. INTRODUCTION Plaintiffs, fifteen former managers and employees of defendant Xerox Corporation ("Xerox" or "the Company"), bring this action, through counsel, alleging employment discrimination based upon age and/or sex in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 621 et seq., Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e, and the New York State Human Rights Law ("NYSHRL"),...
DECISION AND ORDER David G. LARIMER, District Judge. Plaintiff, Evaristo Rodriguez, appearing pro se, commenced this action under 42 U.S.C. 1983. Plaintiff, an inmate in the custody of the New York State Department of Correctional Services ("DOCS"), alleges that his constitutional rights have been violated in certain respects during his confinement at Attica Correctional Facility. Plaintiff initially sued five defendants, all of whom are employed by DOCS. On November 12, 2010, plaintiff'...
DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiff David Kingsland ("plaintiff"), a former employee of defendant Xerox Corporation ("Xerox"), brings this action against Xerox seeking contractual and other damages related to his 1997 transfer to Xerox subsidiary Xerox Engineering Systems, Inc. ("XES"), and the subsequent dissolution/reabsorption of XES by Xerox. Xerox has moved to dismiss the complaint pursuant to Fed. R. Civ. Proc. 8(a)(2), 9(b) and 12(b)(6), arguing in part that:...
ORDER RICHARD J. ARCARA, District Judge. This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. 636(b)(1). Both plaintiff and defendant filed motions for judgment on the pleadings. On October 20, 2011, Magistrate Judge Foschio filed a Report and Recommendation, recommending that both parties' motions be denied and that the case be remanded for further development of the record. Both parties filed objections to the Report and Recommendation. Pursuant to 28 U.S....
DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiff Antoinette Coley-Allen ("plaintiff"), was first employed by the University of Rochester (the "University") in 1987 and working in a variety of positions, ultimately attaining the position of Registered Nurse II in the Cardiothoracic Surgery department ("Cath Lab") at the University of Rochester Medical Center, which she held from 2005 until her termination in May 2007. Plaintiff brings this action against the University, alleging...
DECISION AND ORDER WILLIAM M. SKRETNY, Chief Judge. I. INTRODUCTION Plaintiff Loretta Carr-Stock alleges that Defendants Orthotic Rehabilitation Products, Inc. ("Orthotic") intentionally manufactured and sold Wrist/Hand/Finger Orthosis elements in violation of Plaintiff's Patent No. 6,165,148 and breached an exclusive licensing agreement. Plaintiff asserts two causes of action: patent infringement under 35 U.S.C. 271 and 281, and breach of contract under state law. Presently before this...
Order HUGH B. SCOTT, United States Magistrate Judge. Before this Court are two motions seeking reconsideration or amendment to two discovery Orders entered by this Court (Docket Nos. 291, 293). The first motion (Docket No. 308 1 ) by defendant Damian Ard and others joining him 2 (hereinafter referred to collectively as "Ard") seek to amend and correct the Order of September 8, 2011 (Docket No. 291), which addressed production of certain electronically stored information (or "criminal ESI")...
DECISION AND ORDER DAVID G. LARIMER, District Judge. INTRODUCTION This case presents claims under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. 1101 et seq., by current and former employees of Xerox Corporation ("Xerox"), relating to their pension benefits. The plaintiffs in this action have all been employed by Xerox at various times, and they have all participated in the Xerox Retirement Income Guarantee Plan ("RIGP" or "Plan"). All the plaintiffs left Xerox's...
DECISION AND ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION This is an action alleging employment discrimination and retaliation pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII), as amended, 42 U.S.C. 2000e et seq.. Now before the Court is Defendant's motion for summary judgment. (Docket No. [#15]). For the reasons that follow, Defendant's application is granted and this action is dismissed. BACKGROUND Unless otherwise noted, the following are the facts of...
DECISION AND ORDER WILLIAM M. SKRETNY, Chief Judge. I. INTRODUCTION In this action, Plaintiff L.W. Matteson, Inc. ("Matteson") brings suit against Defendant Sevenson Environmental Services, Inc. ("Sevenson") claiming that Defendant breached its contract with Plaintiff by failing to pay the agreed upon amount following Plaintiff's completion of dredging services on Defendant's behalf. Defendant counterclaims alleging Plaintiff negligently misrepresented its ability to perform the contract....
DECISION AND ORDER DAVID G. LARIMER, District Judge. INTRODUCTION Plaintiff American Fruit and Vegetable Company ("plaintiff") commenced this action pursuant to the Perishable Agricultural Commodities Act ("PACA"), to recover the sale price of commodities sold to defendant Ithaca Produce, Inc. ("Ithaca Produce"), and to have its interests declared superior to those of other known or potential creditors of Ithaca Produce and its principals. Defendants Suburban Propane L.P., Tompkins County...
DECISION AND ORDER GRANTING PRELIMINARY INJUNCTION DAVID G. LARIMER, District Judge. For over a decade, Collins Ink Corporation ("Collins"), had a contract with Eastman Kodak Company ("Kodak") to supply ink for use in Kodak's commercial inkjet printers, including the Versamark line of printers. The most recent three-year Agreement, effective December 15, 2008, was in effect when Collins' President, Lawrence Gamblin, wrote to Kodak personnel on October 10, 2011 (Ex. C to Declaration of Douglas...
DECISION and ORDER LESLIE G. FOSCHIO, Magistrate Judge. JURISDICTION This action was referred to the undersigned by Honorable William M. Skretny on December 5, 2007, for determination of non-dispositive motions. The matter is presently before the court on Defendants' application filed August 17, 2011 (Doc. No. 377), for attorneys' fees and costs awarded pursuant to this court's Decision and Order filed August 3, 2011 (Doc. No. 375). 1 BACKGROUND and FACTS 2 Plaintiff Robins & Myers,...
DECISION AND ORDER WILLIAM M. SKRETNY, Chief Judge. I. INTRODUCTION In this diversity action, Plaintiff National Traffic Service, Inc. ("National Traffic"), a New York corporation, brings suit against Defendant Fiberweb, Inc. ("Fiberweb"), a South Carolina corporation, claiming breach of contract and unjust enrichment. 1 Plaintiff's claims arise out of Defendant's failure to pay Plaintiff for negotiating discounted rates with freight carriers in the second year of the parties' agreement....
DECISION AND ORDER DAVID G. LARIMER, District Judge. This action was commenced by the estate ("Estate" or "plaintiff") of Earl Clarence George ("decedent") against the Veteran's Administration Medical Center ("VAMC" or "Government") in Canandaigua, New York, in New York State Supreme Court, Ontario County. 1 The VAMC removed the action to this Court on September 9, 2010, pursuant to 28 U.S.C. 1442(a)(1), on the ground that the action is one for money damages against an agency of the...
