Document 169

IT HEREBY IS ORDERED, that Defendants' Motion for Summary Judgment (Docket No. 143) is GRANTED IN PART and DENIED IN PART.

FURTHER, that the parties shall re-engage in mediation.

FURTHER, that this case is REFERRED for alternative dispute resolution under Section 2.1.B of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York ("the ADR Plan').

FURTHER, that the parties shall comply with all relevant requirements of the ADR Plan, which is available at http://www.nywd.uscourts.gov.

FURTHER, that within seven days of this decision, the parties shall contact ADR Administrator Amanda G. Williams for direction on how to pr oceed with mediation under the March 16, 2020, General Order Re: Alternate Dispute Resolution Under Circumstances Created by COVID-19 and its progeny.

FURTHER, that the parties are permitted to engage in mediation with another federal-court mediato r upon whom they might agree.

FURTHER, that the parties shall conclude their mediation efforts and file a joint written notice concerning the status of mediation by July 24, 2022.

SO ORDERED.

Signed by William M. Skretny, United States District Judge on 5/17/2022. (JCM)

May 17, 2022