In re Worldcom, Inc.

Full title: In re: WORLDCOM, INC., et al., Chapter 11, Debtors

Court: United States Bankruptcy Court, S.D. New York

Date published: Jul 27, 2005

Case No. 02-13533 (AJG), (Jointly Administered) (Bankr. S.D.N.Y. Jul. 27, 2005)

Opinion

Case No. 02-13533 (AJG), (Jointly Administered).

July 27, 2005

Mark A. Shaiken, Esq., Patricia A. Konopka, Esq., STINSON MORRISON HECKER LLP, Kansas City, MO, Attorneys for Debtors and Debtors in Possession.

ORDER GRANTING, IN PART, DEBTORS' MOTION FOR SUMMARY JUDGMENT ON CLAIM NOS. 35124 35125 (FILED BY MONIQUE GROSS, F/K/A MONIQUE KELLY)

ARTHUR GONZALEZ, Bankruptcy Judge

THIS MATTER having been brought before the Court on Debtors' Motion for Partial Summary Judgment (docket no. 12203) and at a hearing on September 28, 2004, and the Court having reviewed the papers submitted in support of the Motion, the opposition thereto, and the parties arguments at the hearing, and the Court having issued a Memorandum Opinion regarding this matter on June 3, 2005 (docket no. 16168), it is ORDERED that

1. The Reorganized Debtors' Motion for Partial Summary Judgment is DENIED with respect to Claimant's claim that the Debtors refused to honor the Settlement Agreement executed on June 14, 2000, which resolved Claimant's second charge of discrimination (Charge Number 110A02421) that she filed with the U.S. Equal Employment Opportunity Commission ("EEOC").

2. The Reorganized Debtors' Motion for Partial Summary Judgment with respect to Claim Nos. 35124 and 35125 filed by Monique Gross is GRANTED in all other respects. Therefore,

a. Claim Number 35125 is hereby disallowed and expunged;

b. Claimant's (1) claim of Title VII discrimination based on sex and disability; (2) claim of Title VII discrimination based on race; (3) claim of Title VII discrimination based on retaliation with respect to all allegations except discharge from employment; (4) claim that Debtors' allegedly refused to settle her Third and Fourth EEOC charges; and (5) claim of Title VII discrimination based on hostile work environment are dismissed.

Finally, the Court has been advised that subsequent to the issuance of its Memorandum Opinion on June 3, 2005, Claimant and the Debtors reached a resolution of Claimant's remaining claims. This Order Granting, In Part, the Debtors' Motion for Summary Judgment on Claim Nos. 35124 35125 has no effect on that resolution, or on the parties' rights and obligations under the settlement agreement executed by the parties.

SO ORDERED.