SEARCH

Downey v. Adloox Inc.

ADEA, NYSHRL Claims Dismissed; Plaintiffs Dismissed for Poor Performance

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Kevin P. Downey & Andrea Bonner, Plaintiffsv.Adloox Inc. and Adloox, Defendants

OPINION AND ORDER Plaintiffs Kevin P. Downey and Andrea Bonner bring claims against their former employer, Adloox, Inc., and its French parent company, Adloox S.A.¹ (together, “Adloox” or “Defendant”), under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §621 et seq.; the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §296; and the New York City Human Rights Law (“NYCHRL”), N.Y.C. Admin. Code §8-107. (Docket No. 43). Specifically, Plaintiffs claim that Adloox hired them, exploited them for their industry contacts, and then fired them in favor of younger candidates. Adloox now moves, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment on all claims. (Docket No. 88). For the reasons that follow, Adloox’s motion is GRANTED with respect to Plaintiffs’ ADEA and NYSHRL claims, and the Court declines to exercise supplemental jurisdiction over — and thus dismisses without prejudice — Plaintiffs’ NYCHRL claims.BACKGROUNDThe following relevant facts, taken from the Third Amended Complaint, (Docket No. 43 (“TAC”)), and the admissible materials submitted by the parties in connection with the motion for summary judgment, are either undisputed or described in the light most favorable to Plaintiffs. See Simon v. City of New York, 893 F.3d 83, 91 (2d Cir. 2018).A. Kevin DowneyDowney has worked as a sales professional in the fields of online advertising and advertising technology since 1996. (TAC 15). In July 2015, executives from Adloox interviewed Downey for the position of “Vice President, North America,” an executive sales role. (TAC

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...

Apply Now ›

Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...

Apply Now ›

Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...

Apply Now ›