Sutherland v. The Department of Education of the City of New York et al

Filing 61

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Having considered the objections, I adopt 54 Report and Recommendation and deny the 48 Motion for Summary Judgment. The matter will proceed to trial as scheduled. SO Ordered by Judge Raymond J. Dearie on 9/19/2017. (Ramesar, Thameera)

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FILED IN CLERK'S OFFICE US DISTRICT COURT E.D.N.Y. iir UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK SEP 1 9 2017 5 BROOKLYN OFFICE KAREN SUTHERLAND, MEMORANDUM & ORDER Plaintiff, 15CV03918(RJD)(JO) - against THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK,THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK,and ESTHER GUTWEIN, Defendants. X DEARIE, District Judge In their motion for summary judgment and objections to Magistrate Judge Orenstein's Report and Recommendation, defendants have marshaled considerable evidence in an attempt to defeat plaintiff's claims of discrimination. But the ultimate decision in this case must be the jury's. Plaintiff has met her modest burden of establishing a prima facie case of discrimination and the record does reflect evidence that, when construed in the light favorable to the plaintiff, would permit a reasonable factflnder to find in her favor. Having considered the objections, I adopt the recommendation and deny the motion. The matter will proceed to trial as scheduled. SO ORDERED. Dated: Brooklyn, New York September 19, 2017 s/ RJD

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