36 results for 'judge:"Wicks"'.
J. Wicks grants a Long Island village’s motion to stay discovery pending the outcome of its motion to dismiss in a case over land-use rights. A resident alleges the village violated his constitutional rights when it deliberately delayed his subdivision application for over five years. The court agrees with the village’s argument that its motion to dismiss will most likely be successful, primarily on the basis that the claims are time-barred.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: May 8, 2024, Case #: 2:23cv4249, NOS: Other Civil Rights - Civil Rights, Categories: Zoning, Discovery
J. Wicks grants, in part, a motion to modify the court’s preliminary injunction in a RICO case involving several Long Island-based car dealerships. The court denies the litigant’s request for the return of 43 vehicles that are currently unacccounted for, finding they failed to produce any evidence at a hearing showing the defendants are in possession of the vehicles. The court, however, grants its request seeking permission to sell 30 vehicles subject to the order and to retain the proceeds, as well as its request compelling the defendants to cooperate with its intent to wind up its business operations.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: May 8, 2024, Case #: 2:23cv6188, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Vehicle, Racketeering
J. Wicks denies a contractor’s motion to reopen discovery and further grants in part the Department of Labor’s motion for a protective order in this lawsuit seeking an order preventing the contractor from impeding the government’s investigation into alleged labor law violations. The courts concludes that reopening discovery to obtain a notice provided by the Department of Labor bestowing certain benefits to its employees if they act as confidential witnesses, which the defense claims creates a credibility issue, would deter potential witnesses from participating in the case and prejudice the case against the department.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 19, 2024, Case #: 2:21cv5697, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Labor
J. Wicks grants in part a motion to seal personal information disclosed in series of prior motions to quash or for a protective order, which included the defendants’ social security numbers and corporate bank account information. Several court filings are sealed entirely, while the court allows a portion of the documents to be refiled with redactions. The rest will remain public because the defendants themselves waived their rights to privacy when they included the information in their court motions and allowed those documents to remain on the court docket for months without taking the appropriate action.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 19, 2024, Case #: 2:23cv2370, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Evidence, Privacy, Discovery
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J. Wicks reaffirms the court’s decision granting summary judgment in favor of the Nassau County Police Department on an officer’s Fourth Amendment claims after finding the department had sufficient cause to subject him to a drug test while he was out on sick leave on suspicions that he was abusing pain medication for a hand injury. The officer fails to present any new evidence or change in controlling law which would justify overturning the court’s decision.t
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 11, 2024, Case #: 2:19cv2236, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Wicks grants the Federal Bureau of Investigation’s motion for reconsideration in a civil rights lawsuit against Suffolk County and prohibits the county from disclosing 40 reports related to a prior federal criminal investigation into Suffolk County’s district attorney. The documents contain privileged information not related to the case and the litigant may petition the agency or file a FOIA request in order to obtain the information if desired.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 9, 2024, Case #: 2:20cv1501, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Police Misconduct
J. Wicks grants in part a motion to compel and orders a drywall and carpentry subcontractor to produce historical data listing the number of employees enrolled on its payroll between Jan. 1, 1994 to Jan. 3, 2017, which will help bolster a Black receptionist’s claim that she could have performed her duties in 20 hours as an accommodation for injuries that she suffered in a car accident. The court finds that the information requested is sufficiently targeted and will not pose an undue burden on her employer.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: March 15, 2024, Case #: 2:22cv4044, NOS: Employment - Civil Rights, Categories: Discovery, Employment Discrimination
J. Wicks grants a joint motion to seal various exhibits which both parties claim contain sensitive confidential business information, trade secrets, data privacy and cybersecurity information. The case involves allegations that the defendants failed to safeguard its customers’ personally identifiable information, which were targeted by hackers in a data breach. The court directs the parties to redact the privileged information related to defendant’s anti-fraud practices and procedures as well as the litigants’ personal information.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: February 23, 2024, Case #: 2:21cv6911, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Evidence, Privacy, Technology
J. Wicks denies in part a motion for a protective order filed in an employment discrimination complaint and directs the mortgage lender to provide documents that it describes as sensitive business information, including its gross-total volume in mortgage sales for its New York branch. The litigants, regional managers who claim they were discriminated against on the basis that they are Italian Americans, seek information related to the company’s decision to restructure, which led to their terminations. The lender fails to explicitly detail how disclosure of this information would harm the company.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: February 21, 2024, Case #: 2:23cv542, NOS: Employment - Civil Rights, Categories: Discovery, Banking / Lending, Employment Discrimination
J. Wicks grants a motion in limine and excludes two exhibits from an upcoming trial for a employment discrimination lawsuit brought against New York state’s child and family services department. The exhibits consist of prior employment discrimination and retaliation lawsuits that were brought against the department and its commissioner, to help bolster the litigant’s claims, but, while each prior complaint has some probative value, the court finds they are outweighed by the unfair prejudice it would place on the defendant and excludes them from trial.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: January 11, 2024, Case #: 2:18cv7212, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Wicks refuses to disqualify a citizen’s counsel in his civil rights lawsuit against Suffolk County on the basis that he and his counsel are in a romantic relationship and have been dating for the past four years, finding she is not a witness to the events or named in the suit. The court further denies the citizen’s third motion to compel seeking files regarding Internal Affairs investigations, finding he failed to make an effort to meet and confer with opposing counsel before filing the motion as required by court procedure.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: December 19, 2023, Case #: 2:20cv1501, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Wicks grants, in part, a motion in limine to exclude witness testimony in an employment retaliation complaint that alleges the New York’s child and family services agency denied an aide’s promotion after he filed a complaint alleging he was denied accommodations for a work-related head injury. The court excludes a witness’s affidavit on the basis that the witness can attest to the details in person at trial, and further excludes a coworker’s testimony regarding a discussion about his promotion denial, finding it is redundant and constitutes hearsay.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: December 19, 2023, Case #: 2:18cv7212, NOS: Employment - Civil Rights, Categories: Evidence, Discovery, Employment Retaliation
J. Wicks grants a motion to disqualify an attorney from acting as defense counsel for a group of companies named in a civil lawsuit brought by a series of car dealerships that alleges an illegal racketeering scheme to setup a separate group of car dealerships by stealing the dealers’ funds, employees and trade secrets. The court finds the attorney is barred under the advocate-witness rule, as he is a necessary witness who will be called upon to provide testimony regarding acts of fraud that he allegedly committed in furtherance of the scheme.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: December 1, 2023, Case #: 2:23cv6188, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Trade Secrets, Racketeering
J.Wicks denies a cleaning company’s motion for a protective order against a cleaner’s counsel seeking to restrict communications with potential members of a class action over unpaid wages, finding the employer fails to argue that a single voicemail left by the counsel for one of the employer’s current employees requesting confidential information was misleading, improper or required judicial intervention.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: November 20, 2023, Case #: 2:23cv4257, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Wicks partially grants the Commodity Futures Trading Commission’s motion to strike a former software consultant’s reply to the agency’s lawsuit against him for his role in an apparently fraudulent commodities pool. His reply asserts violations of attorney-client privilege and Sixth Amendment violations on the part of the commission, and was filed past deadline; these allegations are scandalous, unsubstantiated and irrelevant to the underlying lawsuit. His motion to compel an attorney to give the consultant all records related to the lawsuit fails because he has not demonstrated a good cause to reopen discovery.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: November 3, 2023, Case #: 2:17cv4087, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Sanctions, Securities, Privilege
J. Wicks grants the commissioner, a sergeant and a lieutenant in their official capacities of the Nassau County Police Department and the county’s motion for summary judgment to dismiss an amended complaint of a former police officer who was injured on the job. The former police officer alleges his Fourth Amendment rights were violated when he was subjected to a drug test while on leave for his injury; he was still a member of the force despite being on leave. The urine was collected for work-related purposes, so it did not violate any allegations the officer brought forward.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: November 2, 2023, Case #: 2:19cv2236, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Wicks approves a proposed settlement to resolve an unpaid wages claim brought by an employee of a mortgage loan originator which grants the employee the ability to actually purchase the company at the reduced price of $100,000, finding the deal fair and reasonable. The parties had originally agreed to the sale of the company for $500,000, but the defendants agreed to a reduced amount to both settle the employee's claims and keep the deal alive.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: September 14, 2023, Case #: 2:22cv715, NOS: Fair Labor Standards Act - Labor, Categories: Settlements
J. Wicks grants, in part, a motion to compel on a class action lawsuit for claims stemming from a data breach. The court bars the litigant from asking a witness three questions related to the storage of her personal identifying information on the company’s database, while it compels the defendants to respond to an interrogatory regarding the steps it took to determine the earliest date at which the protected information was accessed.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: September 6, 2023, Case #: 2:21cv6911, NOS: All Other Real Property - Real Property, Categories: Discovery, Class Action, Technology
[Consolidated] J. Wicks approves a proposed $2.3 million settlement to resolve the two remaining class action suits brought as part of a series of related actions by a group of male and female police communications operators and supervisors against Nassau County alleging they were subjected to a system of illegal employment practices in violation of state and federal labor and wage laws. The court finds the terms of the settlement to be fair and reasonable.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: August 14, 2023, Case #: 2:18cv1182, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Wicks enters judgment in favor of Mitsubishi on a Brooklyn-based dealership’s claims that alleged the Japanese car manufacturer wrongfully terminated its dealership agreement after discovering in a news article that the dealer had pled guilty to charges from the New York City Department of Consumer and Worker Protection and was fined $500,000 in civil penalties. The court finds the manufacturer was in its right to terminate the agreement and was subsequently under no obligation to consider or review the dealer's offer to sell the agreement to a third party.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: August 14, 2023, Case #: 2:22cv7328, NOS: Franchise - Contract, Categories: Contract