CATALDO v. MOSES

FAITH HOCHBERG, District Judge

This matter having come before the Court upon: (1) Plaintiff's appeal of Magistrate Judge Shwartz's May 7, 2004 Order denying the reopening of discovery; (2) the parties' objections to Magistrate Judge Shwartz's May 7, 2004 Report and Recommendation; and (3) Plaintiff's motion pursuant to Fed.R.Civ.P. 54(b), requesting that this Court vacate its March 31, 2004 Order adopting Magistrate Judge Shwartz's March 8, 2004 Report and Recommendation, and for the reasons set forth in the opinion filed herewith,

IT IS on this 3^rd day of November 2004,

ORDERED that Judge Shwartz's May 7, 2004 Order denying Plaintiff's request to reopen discovery and to admit additional certifications shall be AFFIRMED; and it is further ORDERED that summary judgment in favor of Defendants on all of Plaintiff's federal claims (Counts I-IV) shall be GRANTED; and it is further

ORDERED that summary judgment in favor of Defendants on Plaintiff's gender discrimination claim based on NJ LAD (Count V) and breach of contract claim (Count VI) shall be GRANTED; and it is further

ORDERED this Court's March 31, 2004 Order adopting Judge Shwartz's March 8, 2004 Report and Recommendation shall be VACATED; and it is further

ORDERED that Plaintiff's remaining state law claims, including age discrimination based on NJ LAD (Count V), retaliation (Count IX), punitive damages (Count XII), and the intentional torts of: (a) intentional infliction of emotional distress (Count VII), (b) civil conspiracy (Count VIII), (c) defamation (Count X), and (d) interference with economic advantage (Count XI) shall be DISMISSED as this Court declines to exercise supplemental jurisdiction over them; and it is further

ORDERED that this case is CLOSED.