14 results for 'judge:"Hummel"'.
J. Hummel orders New York State’s Department of Environmental Conservation to produce requested documents in an employment discrimination lawsuit. The litigant seeks documentation regarding the demotion and subsequent promotion an environmental department officer who was the subject of a sexual harassment complaint. The litigant in this case alleges he was denied a promotion to be the director of law enforcement due to reverse racism, while the department argues the decision to deny him the position was in part based on his involvement in the officer’s promotion, which they claimed showed a lapse in judgment.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: March 14, 2024, Case #: 1:20cv106, NOS: Employment - Civil Rights, Categories: Civil Rights, Discovery, Employment Discrimination
J. Hummel orders an environmental protection group focused on protecting the Hudson River to produce documents that it claimed was protected information on the basis of attorney-client privilege, attorney work product and material prepared in anticipation of litigation. The group is suing a recycling center for violating the Clean Water Act. The documentation involves communications between the group and a non-party individual, who the court finds was neither an employee of the group’s counsel nor its own in-house counsel.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: March 11, 2024, Case #: 1:20cv1025, NOS: Environmental Matters - Other Suits, Categories: Environment, Discovery
J. Hummel grants an environmental advocacy group’s motion for joinder, allowing it to also sue an executive for a recycling services company in its Clean Water Act complaint alleging unlawful discharge of industrial stormwater runoff at an industrial park. The court finds the executive a responsible corporate officer tasked with complying with the company’s general permit. The court further grants the advocacy group’s motion to amend so it can add details about the general permit as well as the executive’s alleged involvement.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: February 26, 2024, Case #: 1:20cv1025, NOS: Environmental Matters - Other Suits, Categories: Civil Procedure, Environment
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J. Hummel dismisses an employment-related disability discrimination and retaliation complaint brought against the New York comptroller. A female employee alleges the state agency denied her request to work from home as a preventative measure to avoid exposure to Covid-19 after she was hospitalized with a pulmonary embolism, and afterwards subjected her to a hostile work environment. Her claims under FMLA, ADA and New York Human Rights Law are barred by sovereign immunity, and the court finds it does not have jurisdiction to resolve claims brought under the New York State Paid Family Leave, which it recommends should instead be brought under a state workers’ compensation law.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: October 13, 2023, Case #: 1:23cv577, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Hummel grants an environmental journalist's application to proceed in forma pauperis and further denies, in part, a motion to dismiss his due process and First Amendment free speech and right to association claims. He adequately alleges at a very early stage of litigation that the New York State Department of Environmental Conservation refused to respond to his application for a license to become an outdoor guide in retaliation for his reporting on New York State's proposed plans regarding the use of the state's wild forest lands.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: September 19, 2023, Case #: 8:23cv463, NOS: Other Civil Rights - Civil Rights, Categories: Environment, First Amendment
J. Hummel grants the information technology company's motion to reopen discovery and permit late expert disclosure in a breach of contract lawsuit brought by a consulting company. The tech company discovered its need for an expert witness only 26 days before the end of the discovery period after determining the witnesses that the consulting company put forward were not in fact its employees, but rather employees working out of a subsidiary in India and, therefore, outside the court's reach. While the tech company could have acted sooner, it acted in good faith to find an available expert during that time.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: September 8, 2023, Case #: 1:20cv508, NOS: Other Contract - Contract, Categories: Experts, Discovery, Contract
J. Hummel dismisses, with prejudice, a self-represented litigant’s unlawful search and seizure complaint brought against the U.S. Customs and Border Protection stemming from an altercation he had with border patrol agents at the U.S.-Canada border in New York after he was denied entry into the country. His complaint asserts claims solely against the federal agency, which is protected by governmental immunity.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: September 7, 2023, Case #: 8:23cv345, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Immunity
J. Hummel partially grants a consulting firm’s motion to compel and orders the defendant IT services company to produce both an index that will help the litigant better understand how responsive a package of emails is to the litigant’s discovery requests, as well as an affidavit from its cloud-based email services provider to corroborate its claims that there is no backup or archival record of previously deleted email accounts and associated emails after the litigant subpoenaed the California Highway Patrol and received documents that suggested the defendant was withholding relevant emails.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: August 9, 2023, Case #: 1:20cv508, NOS: Other Contract - Contract, Categories: Discovery, Contract, Technology