Diallo v. Whole Food Market Group, Inc., No. 1:2016cv09228 - Document 56 (S.D.N.Y. 2019)

Court Description: OPINION & ORDER adopting in part Report and Recommendation for 51 Report and Recommendations, 41 Motion for Summary Judgment filed by Whole Food Market Group, Inc. For the foregoing reasons, the Court adopts the Report's recommendati on with respect to Diallo's Title VII claims and denies Whole Foods' motion for summary judgment on these claims. The Court, however, declines to adopt the recommendation that summary judgment be denied on Diallo's NYSHRL and NYCHRL claims, and instead grants summary judgment to Whole Foods on these claims. The Court respectfully directs the Clerk of Court to terminate the motion pending at Dkt. 41. The Court refers the case back to Magistrate Judge Fox (1) to determine whet her the parties are amenable to settlement, now that the case is otherwise headed for trial; (2) to identify any other issues that are properly resolved prior to this Court's setting a trial date and deadlines for pretrial submissions; and (3) to determine whether Diallo asks this Court to seek to appoint pro bono counsel to represent him at trial. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/9/2019) (anc)