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Gambello v. Time Warner Communs., Inc.

Gambello v. Time Warner Communs., Inc.

United States District Court for the Eastern District of New York

February 15, 2002, Decided ; February 15, 2002, Filed

97-CV-7591 (NG)

Opinion

 [*212] OPINION AND ORDER

GERSHON, United States District Judge:

Plaintiff Carl Gambello brings this action against defendants Time Warner Telecom, Inc., successor in interest to Time Warner Communications, Inc. ("TWTC"), Stephen McPhie, and Larissa Herda, 1 alleging 1) discrimination on the basis of age in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"), as amended, 29 U.S.C. §§ 621 et seq., and the New York State Human Rights Law ("HRL"), New York State Executive Law §§ 290 et seq.; 2) breach of contract; and 3) misrepresentation. Defendants move for summary judgment pursuant to Fed. R. Civ. P. 56(b) to dismiss plaintiff's claims in their entirety, and for sanctions pursuant to Fed. R. Civ. P. 11.

 [**2] Facts

Unless otherwise indicated, the following facts are undisputed.

1. Hiring: Plaintiff worked for Manhattan Cable Television, the predecessor to Time Warner Cable, from 1980 until 1988,  [*213]  eventually becoming Vice-President of Corporate Development. He voluntarily left Manhattan Cable when it de-emphasized its telecommunications business, and he began working as an independent consultant. From July 1993 until December 1993, plaintiff worked as an independent consultant for Time Warner AxS of New York City ("TWAxS"), which is owned by TWTC. As an independent consultant, plaintiff assessed the feasibility of TWAxS entering the telecommunications market in New York City and negotiated franchise agreements with the City which allowed TWAxS to sell telecommunications services in New York City. Following the granting of a franchise agreement in December, Barry Rosenblum, the President of Time Warner Cable of New York City, 2 and Eric Tveter, the General Manager of TWAxS meet with plaintiff twice in mid-January 1994 to discuss hiring plaintiff for the position of Director of Sales and Marketing for TWAxS. Gambello Aff. PP 2-5; Gambello Depo. 137-40.

 [**3]  At the meetings, plaintiff claims that Rosenblum and Tveter said that the position would start as a Director position, but that over time it could develop into a Vice-President position if business volume warranted. He testified as follows:

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186 F. Supp. 2d 209 *; 2002 U.S. Dist. LEXIS 3167 **

CARL GAMBELLO, Plaintiff, - against - TIME WARNER COMMUNICATIONS, INC., a division of Time Warner, Inc., TIME WARNER, INC, STEVEN McPHIE, and LARISSA HERDA, Defendants.

Disposition:  [**1]  Defendants' motion for summary judgment dismissing all of plaintiff's claims granted. Defendants' motion for sanctions pursuant to Rule 11 granted.

CORE TERMS

sales, terminated, Cable, employees, Marketing, promise, sanctions, plaintiff's claim, defendants', bridging, retirement, hired, no evidence, misrepresentation, circumstances, pretext, budget, switch, poor performance, years of service, restructuring, deposition, genuine, reasons, position of director, sales performance, general manager, telecommunications, expectations, network

Civil Procedure, Summary Judgment, Opposing Materials, General Overview, Burdens of Proof, Motions for Summary Judgment, Entitlement as Matter of Law, Genuine Disputes, Materiality of Facts, Business & Corporate Compliance, Protection of Rights, Federally Assisted Programs, Civil Rights Act of 1964, Evidence, Types of Evidence, Circumstantial Evidence, Labor & Employment Law, Age Discrimination, Scope & Definitions, Discrimination, Evidence, Burden Shifting, Labor & Employment Law, Discrimination, Judicial Officers, Judges, Employment Relationships, At Will Employment, Definition of Employers, Actionable Discrimination, Definition of Employees, Duration of Employment, Contracts Law, Contract Interpretation, Good Faith & Fair Dealing, Supporting Materials, Affirmative Defenses, Fraud & Misrepresentation, Torts, Business Torts, Breach, Sanctions, Misconduct & Unethical Behavior, Baseless Filings