GOMEZ v. CON-WAY CENTRAL EXPRESS, INC. et al

Filing 37

ORDER granting in part and denying in part 12 Motion for Summary Judgment; Action to proceed on pltf's first claim, that he was discriminated against under the NJLAD; dismissing pltf's second claim that defendant violated the Workers Compensation Act and trial to commence May 11, 2009 @9:30 a.m.. Signed by Judge Peter G. Sheridan on 3/18/09. (cs, )

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ________________________________________ : HERMAN GOMEZ, : : Plaintiff, : : v. : CON-WAY CENTRAL EXPRESS : INC., ET AL., : : Defendants. : _______________________________________:

Civil Action No.: 06-5352

ORDER

This matter comes before the Court on Defendant's, Con-Way Freight, Inc. (Con-way), motion for summary judgment to dismiss claims brought by its former employee, Plaintiff, Herman Gomez, and the Court having considered the arguments of the parties, and for good cause having been shown; IT IS on this 18th day of March, 2009 ORDERED that Defendant's motion for summary judgment (Docket No. 12) is granted in part and denied in part. Plaintiff's first claim, that he was discriminated against under the NJLAD, can proceed, while Plaintiff's second claim, that Defendant violated the Workers Compensation Act, is dismissed; and it is further ORDERED that trial in this matter will commence May 11, 2009, at 9:30 a.m.

s/Peter G. Sheridan PETER G. SHERIDAN, U.S.D.J.