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)

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