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STEINHARDT v. POTTER

No. 00 Civ. 8538(PKC).

326 F.Supp.2d 449 (2004)

Jeffrey A. STEINHARDT, Benjamin Casado, Kenneth J. Boyce, Carmen Jackson, Bobbie Halliburton, and Christian Valyo on behalf of themselves and all others similarly situated, Plaintiffs, v. John E. POTTER, Postmaster General of the United States, Defendant.

United States District Court, S.D. New York.

May 27, 2004.

Attorney(s) appearing for the Case

Larry Cary, Vladeck, Waldman, Elias & Engelhard, P.C., New York, NY, Louie Nikolaidis, Lewis, Greenwald, Clifton & Nikolaidis, P.C., New York, NY, Maureen M. Stampp, Vladeck, Waldman, Elias & Engelhard, P.C., New York, NY, for Jeffrey A. Steinhardt, Benjamin Casado, Kenneth J. Boyce, Carmen Jackson, Bobbie Halliburton.

Emily S. Reisbaum, James B. Comey, New York, NY, Nicole L. Gueron, U.S. Atty., S.D. of New York, New York, NY, for John E. Potter.

Larry Cary, Maureen M. Stampp, Vladeck, Waldman, Elias & Engelhard, P.C., New York, NY, for Christian Valyo.

MEMORANDUM AND ORDER

CASTEL, District Judge.

The defendant John E. Potter, Postmaster General of the United States, moves to strike plaintiffs' jury demand in an action brought against him in his official capacity under the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., ("FMLA"). For the reasons explained below, I conclude that, for the purposes of assessing sovereign immunity, the suit against defendant is a suit against the...

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