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Pannikadavil v. New York City Health Hosp. Corp.

United States District Court, S.D. New York
Aug 13, 2008
04 Civ. 8916 (RPP) (S.D.N.Y. Aug. 13, 2008)

Opinion

04 Civ. 8916 (RPP).

August 13, 2008


OPINION AND ORDER


Defendants' motion to reconsider is based on an assertion that the Court failed to consider page 6 of the Affidavit of Sara Rodriguez dated November 30, 2007 ("Rodriquez Aff."), supporting the Defendants' motion. Page 6 of the Rodriguez Affidavit was not included in the Court's courtesy copy or in the electronically-filed copy in the Clerk's Office.

The Court's review of the missing page shows that Defendants intended to provide evidence by affidavit, supported by business records, that the position posted on November 26, 2004 was for a position of Associate Laboratory Microbiologist, Level I, in the Microbiology Laboratory, and that the position was filled in February 2005 by Yelona Kravchik, a Laboratory Microbiologist Level B, who was already employed in the Microbiology Laboratory. The Court clearly did not consider this evidence in its decision. Defendants' motion to reconsider is granted. Since it may be helpful to the parties in settlement discussions to reconsider this issue, and since the issue may be better focused for trial, the Court will reconsider whether summary judgment should be granted dismissing Plaintiff's retaliation claim. Plaintiff's counsel will have until September 3, 2008 to file papers answering Defendants' motion on this claim. Defendants' reply papers must be filed by September 10, 2008.

IT IS SO ORDERED.


Summaries of

Pannikadavil v. New York City Health Hosp. Corp.

United States District Court, S.D. New York
Aug 13, 2008
04 Civ. 8916 (RPP) (S.D.N.Y. Aug. 13, 2008)
Case details for

Pannikadavil v. New York City Health Hosp. Corp.

Case Details

Full title:EBENEZAR PANNIKADAVIL, Plaintiff, v. NEW YORK CITY HEALTH AND HOSPITALS…

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

Date published: Aug 13, 2008

Citations

04 Civ. 8916 (RPP) (S.D.N.Y. Aug. 13, 2008)