King v. James et al

Filing 42

DECISION AND ORDER adopting Report and Recommendation 28 filed by Magistrate Judge Roemer upon the Motion for Summary Judgment 21 of the defendants. The Clerk shall remove defendant Terence James from the caption of the case. The case is recommitted to the Magistrate Judge. Signed by Hon. Richard J. Arcara on April 10, 2017. -CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

BARBARA J. KING,
Plaintiff,
DECISION AND ORDER
14-CV-974-A

v.
TERENCE JAMES, Individually and as Assistant
General Manager and Human Resources;
UNIQUEST HOSPITALITY, LLC,

Defendants.

This action was referred to Magistrate Judge Michael J. Roemer pursuant to 28
U.S.C. § 636(b)(1) for the conduct or pretrial proceedings. On November 18, 2016,
Magistrate Judge Roemer filed a Report and Recommendation (Dkt. No. 28)
recommending that defendant Uniquest Hospitality’s motion pursuant to Fed. R. Civ. P.
56 for summary judgment (Dkt. No. 21) be granted, except with respect to plaintiff
Barbara King’s Equal Pay Act claim, 29 U.S.C. § 206(d) et seq., and except with
respect to her retaliation claims, 42 U.S.C.§ 2000e–3(a); N.Y.McKinney's Executive
Law § 290 et seq., to the extent the retaliation claims relate to the elimination of the
Guest Ambassador position, without prejudice to defendant’s ability to file a renewed
summary judgment motion as to these retaliation claims following a limited period of
discovery. The Report and Recommendation further recommends defendant Terence
James’ motion for summary judgment (Dkt. No. 21) be granted.

The Court has carefully reviewed the Report and Recommendation, the
objections, responses, and replies submitted by the parties, and upon de novo review
pursuant to 28 U.S.C. § 636(b)(1)(B), it is hereby
ORDERED, pursuant to 28 U.S.C. § 636(b)(1), that the Report and
Recommendation (Dkt. No. 28) of Magistrate Judge Roemer is hereby accepted in full
and adopted as the ruling of the Court upon the Defendants’ motion for summary
judgment (Dkt. No. 21), and it is further
ORDERED that the case is recommitted to Magistrate Judge Roemer for the
completion of pretrial proceedings consistent with the Court’s prior Text Order
Referring Case. Dkt. No. 20.
IT IS SO ORDERED.

Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: April 10, 2016

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