GREGORY L. BLUE, ** Plaintiff-Appellant, - v - CABLEVISION SYSTEMS, Defendant-Appellee. (2nd Cir. 2003)

Federal Circuits, 2nd Cir. (November 20, 2003)

Docket number: 03-7429


Permanent Link: http://vlex.com/vid/gregory-l-blue-cablevision-systems-18536167
Id. vLex: VLEX-18536167

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.

At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, Foley Square, in the City of New York, on the 20th day of November, two thousand three.

Present: HON. JOSEPH M. McLAUGHLIN, HON. ROBERT A. KATZMANN, Circuit Judges.

HON. SHIRA A. SCHEINDLIN,*

District Judge.

GREGORY L. BLUE,**

Plaintiff-Appellant, -v- No. 03-7429

CABLEVISION SYSTEMS, Defendant-Appellee.

GREGORY L. BLUE, Pro Se.

Appearing For Plaintiff-Appellant:

Hempstead, NY Appearing For Defendant-Appellee: JAMES P. CULLEN, Esq.

Cozen & O'Connor Philadelphia, PA MARC S. WENGER, Esq.

Jackson & Lewis Woodbury, NY Appeal from the United States District Court for the Eastern District of New York (Hurley, J.).

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.

The issues on appeal are whether this Court should affirm the district court's grant of summary judgment and dismissal of Gregory Blue's pro se complaint against Cablevision, in which he alleged: (1) race and gender employment discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; (2) age discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; and (3) state law claims for wrongful discharge and breach of contract.

This Court reviews the district court's grant of summary judgment de novo, construing the evidence in the light most favorable to the non-moving party. See Tenenbaum v. Williams, 193 F.3d 581, 593 (2d Cir. 1999).

For the reasons stated by the district court, we affirm the district court's grant of summary judgment and deny Mr. Blue's pending motion to dismiss the judgment and to set a trial date.

The judgment of the district court is AFFIRMED.

FOR THE COURT:

ROSEANN B. MacKECHNIE, CLERK By:

[*]-. The Honorable Shira A. Scheindlin, of the United States District Court for the Southern District of New York, sitting by designation.

**

Although the official caption lists plaintiff as George L. Blue, a review of the pleadings shows that plaintiff's name is Gregory L. Blue.

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