Presser v. Key Food Stores Co-Operative, Inc., 031709 FED2, 06-4571-cv

Docket Nº:06-4571-cv
Party Name:DOROTHY PRESSER AND EMPLOYEES A, B, C, ETC. as to Second Claim for Relief under the WARN Act, Plaintiffs-Appellants, v. KEY FOOD STORES CO-OPERATIVE, INC., Defendant-Appellee.
Attorney:For Plaintiffs-Appellants: MICHAEL R. CURRAN, Attorney-at-Law, Rego Park, New York. For Defendant-Appellee: NEIL SPARBER, (India DeCarmine, on the brief), Fulbright & Jaworski L.L.P., New York, New York.
Judge Panel:PRESENT: HON. SONIA SOTOMAYOR, HON. ROBERT A. KATZMANN, HON. BARRINGTON D. PARKER, Circuit Judges.
Case Date:March 17, 2009
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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DOROTHY PRESSER AND EMPLOYEES A, B, C, ETC. as to Second Claim for Relief under the WARN Act, Plaintiffs-Appellants,

v.

KEY FOOD STORES CO-OPERATIVE, INC., Defendant-Appellee.

No. 06-4571-cv

United States Court of Appeals, Second Circuit

March 17, 2009

UNPUBLISHED OPINION

SUMMARY ORDER

Rulings by summary order do not have precedential effect. Citation to summary orders filed after January 1, 2007, is permitted an d is governed by this court's Local Rule 32.1 an d Federal Rule o f Appellate Procedure 32.1. In a brief or other paper in which a litigant cites a summary order, in each paragraph in which a citation appears, at least one citation must either be to the Federal Appendix or be accompanied by the notation: "(summary order)." A party citing a summary order must serve a copy of that summary order together with the paper in which the summary order is cited on any party not represented by counsel unless the summary order is available in an electronic database which is publicly accessible without payment of fee (such as the database available at http://www.ca2.uscourts.gov/). If no copy is served by reason of the availability of the order on such a database, the citation must include reference to that database and the docket number of the case in which the order was entered.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, in the City of New York, on the 17th day of March, two thousand and nine.

For Plaintiffs-Appellants: MICHAEL R. CURRAN, Attorney-at-Law, Rego Park, New York.

For Defendant-Appellee: NEIL SPARBER, (India DeCarmine, on the brief), Fulbright & Jaworski L.L.P., New York, New York.

PRESENT: HON. SONIA SOTOMAYOR, HON. ROBERT A. KATZMANN, HON. BARRINGTON D. PARKER, Circuit Judges.

UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the Opinions and Orders of the district court are AFFIRMED.

Plaintiff-appellant Dorothy Presser ("Presser") appeals, inter alia, from a December 3, 2002 Memorandum and Order of the United States District Court for the Eastern District of New York (Glasser, J.) granting defendant-appellee Key Food Stores Co-Operative, Inc.'s ("Key Food") motion to dismiss Presser's Age Discrimination in Employment Act ("ADEA") claim, 29 U.S.C. §§ 621 et seq. Presser also appeals from a July 25, 2006 Memorandum and Order of the United States District Court for the Eastern...

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