DeAngelis v. John T. Mather Memorial Hospital of Port Jefferson New York, Inc.

Filing 43

MEMORANDUM AND ORDER denying 30 Motion for Summary Judgment; denying 40 Motion to Quash. For the reasons stated herein, the Court denies plaintiffs request that the Court ignore defendants LCR 56.1 Reply, and the Court denies defendants motion for summary judgment, as genuine disputes of material fact exist precluding the entry of summary judgment. (Ordered by Judge Leonard D. Wexler on 6/9/2017.) (Fagan, Linda)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JANET DEANGELIS,
Plaintiff,
-against-

MEMORANDUM AND ORDER
CV 15-2363 (LDW) (AYS)

JOHN T. MATHER MEMORIAL
HOSPITAL OF PORT JEFFERSON,
NEW YORK, INC.,
Defendant.
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WEXLER, District Judge
Plaintiff Janet DeAngelis brings this action against defendant John T.
Mather Memorial Hospital of Port Jefferson, New York, Inc., asserting claims for
disability discrimination and retaliation in violation of the Americans with
Disabilities Act, 42 U.S.C. § 12101 et seq. Defendant moves for summary
judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure (“FRCP”)
[DE 30]. Plaintiff opposes the motion and requests that the Court ignore
“Defendant’s Reply Statement in Opposition to Plaintiff’s Counterstatement
Pursuant to Local Rule 56.1 (“LCR 56.1 Reply”) [DE 38, 40].
Upon consideration, the Court denies plaintiff’s request that the Court
ignore defendant’s LCR 56.1 Reply, and the Court denies defendant’s motion for
summary judgment, as genuine disputes of material fact exist precluding the entry

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of summary judgment. See FRCP 56(a) (party seeking summary judgment must
demonstrate that “there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law”); Celotex Corp. v. Catrett, 477
U.S. 317, 322 (1986); Gallo v. Prudential Residential Servs. Ltd. P’ship, 22 F.3d
1219, 1223-24 (2d Cir. 1994).
SO ORDERED.
/s/
LEONARD D. WEXLER
UNITED STATES DISTRICT JUDGE
Dated: Central Islip, New York
June 9, 2017