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Moran v. DeAmelia

United States District Court, N.D. New York

June 28, 2017

Thomas J. Moran Plaintiff
v.
Victor P. DeAmelia, Amanda Colomb, and Nicole Comstock, Defendants

          JUDGMENT IN A CIVIL CASE

         Decision by Court.

         This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

         IT IS ORDERED AND ADJUDGED

         That the Report-Recommendation of Magistrate Judge Christian F. Hummel is adopted and that Plaintiffs Title VII claims are hereby DISMISSED with prejudice; Plaintiffs ADA claims are hereby DISMISSED against Defendants Victor P. DeAmelia, Amanda Colomb, and Nicole Comstock, with prejudice; Plaintiffs ADA claims are hereby DISMISSED without prejudice to Plaintiff bringing ADA claims against a proper defendant in the future; Plaintiffs demand for punitive damages under the ADA is hereby DISMISSED with prejudice; and Plaintiffs demand for compensatory and injunctive relief under the ADA is hereby DISMISSED without prejudice.

         All of the above pursuant to the order of the Honorable Judge Thomas J. McAvoy, dated the 28th day of June, 2017.

         Federal Rules of Appellate Procedure Rule 4. Appeal as of Right

         (a) Appeal in a Civil Case.

         1. (1) Time for Filing a Notice of Appeal.

         (A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.

         (B) The notice of appeal may be filed by any party within 60 days after entry of the judgment or order appealed from if one of the parties is:

(i) the United States;
(ii) a United States agency;
(iii) a United States officer or employee sued in an official capacity; or
(iv) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf- including all instances in which the United States represents that person when the ...

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