Schwartz v. Administrators of the Tulane Educational Fund
Plaintiff: Janet A Schwartz
Defendant: Tulane Educational Fund Administration, Administrators of the Tulane Educational Fund and Administrators of the Tulane Educational Fund doing business as Tulane University
Case Number: 2:2018cv10865
Filed: November 12, 2018
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Barry W Ashe
Referring Judge: Michael North
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000 e
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on March 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2020 Filing 63 Correction of Docket Entry by Clerk re #62 Notice of Voluntary Dismissal. Filing attorney did not enter additional filer in the blank text box on the docket text screen. Clerk added filer. No further action necessary at this time. (caa)
March 26, 2020 Filing 62 NOTICE of Voluntary Dismissal With Prejudice as to Janet A. Schwartz by Administrators of the Tulane Education Fund, All Plaintiffs. (Kabat, Alan) Modified on 3/27/2020 (caa).
March 13, 2020 Filing 61 BILL OF COSTS by Administrators of the Tulane Educational Fund before Clerk of Court. Any opposition should be filed within 14 days of the filing of this document. (Attachments: #1 Supplement, #2 Exhibit, #3 Affidavit, #4 Notice of Submission)(Livaudais, Julie)
March 2, 2020 Opinion or Order Filing 60 JUDGMENT - The Court, having considered the motions, the record, the applicable law, and for the written reasons assigned; IT IS ORDERED, ADJUDGED, AND DECREED that there is judgment in favor of Defendant and against Plaintiff, dismissing Plaintiffs suit with prejudice. Signed by Magistrate Judge Michael North on 3/2/2020. (dw)
March 2, 2020 Opinion or Order Filing 59 ORDER AND REASONS - There are two motions before the Court in this denial of tenure case: Plaintiff's Motion for Partial Summary Judgment on her Breach of Contract Claim (rec. doc. #41 ) and Defendant's Motion for Summary Judgment on all claims. (Rec. doc. #44 ). Both motions are fully briefed and submitted. For all the reasons stated on the record and in this Order and Reasons, the Court finds that Plaintiff's motion for partial summary judgment should be and is hereby denied and that Defendant's motion for summary judgment should be and is hereby granted. Judgment shall be entered accordingly. Signed by Magistrate Judge Michael North on 3/2/2020.(dw)
February 24, 2020 Filing 58 NOTICE by Janet A Schwartz re #56 Order Setting/Resetting Hearing on Motion, . (Attachments: #1 Exhibit A - 1993 Faculty Handbook (excerpts), #2 Exhibit B - 1997 Faculty Handbook (excerpts), #3 Exhibit C - 2011 Faculty Handbook (excerpts), #4 Exhibit D - 2019 Faculty Handbook (excerpts))(Kabat, Alan)
February 19, 2020 Filing 57 Minute Order. Proceedings held before Magistrate Judge Michael North: Motion Hearing held on 2/19/2020 re #41 Plaintiff's Motion for Partial Summary Judgment on Breach of Contract Claim (Count I) and #44 Defendant's Motion for Summary Judgment. For the reasons announced in open court, Plaintiff's motion is denied and Defendant's motion is granted. Order and Reasons and Judgment shall issue separately. (Court Reporter Cathy Pepper.) (dw)
February 5, 2020 Opinion or Order Filing 56 ORDER RECONVENING HEARING on #41 MOTION for Partial Summary Judgment on Breach of Contract Claim (Count I) and #44 MOTION for Summary Judgment for 2/19/2020 at 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 2/5/2020. (dw)
February 5, 2020 Filing 55 TRANSCRIPT of Motion Hearing held on January 8, 2020 before Judge Michael North. Court Reporter/Recorder Nichelle Drake, Telephone number 504-589-7775. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 5/5/2020. (rsg)
January 8, 2020 Filing 54 Minute Entry for proceedings held before Magistrate Judge Michael North: Motion Hearing held on 1/8/2020 re #41 MOTION for Partial Summary Judgment on Breach of Contract Claim (Count I) filed by Janet A Schwartz, and #44 MOTION for Summary Judgment filed by Administrators of the Tulane Educational Fund. The motions are taken under advisement. The trial and pre-trial conference dates are vacated pending a ruling on the motions. (Court Reporter Nichelle Drake.) (dw)
December 16, 2019 Opinion or Order Filing 53 ORDER CONTINUING Motion Hearing with Oral Argument to 1/8/2020 at 11:00 AM before Magistrate Judge Michael North re #41 MOTION for Partial Summary Judgment on Breach of Contract Claim (Count I) and #44 MOTION for Summary Judgment. Signed by Magistrate Judge Michael North on 12/16/2019.(dw)
December 16, 2019 Filing 52 REPLY to Response to Motion filed by Administrators of the Tulane Educational Fund re #44 MOTION for Summary Judgment. (Attachments: #1 Exhibit 27)(dw)
December 16, 2019 Opinion or Order Filing 51 ORDER GRANTING #50 Defendant's Motion for Leave to File a Reply Memorandum in Support of Defendant's Motion for Summary Judgment. Signed by Magistrate Judge Michael North on 12/16/2019. (dw)
December 13, 2019 Filing 50 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Administrators of the Tulane Educational Fund. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit 27)(Livaudais, Julie)
December 12, 2019 Opinion or Order Filing 49 ORDER GRANTING #48 Motion for Leave to File Corrected Version of Exhibit to Plaintiff's Opposition to Defendant's Motion for Summary Judgment. Signed by Magistrate Judge Michael North on 12/12/2019. (dw)
December 11, 2019 Filing 48 EXPARTE/CONSENT MOTION for Leave to File Corrected Version of Exhibit to Plaintiff's Opposition by Janet A Schwartz. (Attachments: #1 Exhibit Att. M to Schwartz Declaration, #2 Proposed Order)(Kabat, Alan)
December 10, 2019 Filing 47 RESPONSE/MEMORANDUM in Opposition filed by Janet A Schwartz re #44 MOTION for Summary Judgment . (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts Contested Facts, #3 Statement of Contested/Uncontested Facts (Response to Tulane's Unconstested Facts), #4 Exhibit List of Exhibits, #5 Exhibit 1 (Burke Deposition), #6 Exhibit 2 (Colella Deposition), #7 Exhibit 3 (Forman Deposition), #8 Exhibit 4 (McFarland Deposition), #9 Exhibit 5 (Merluzzi Declaration), #10 Exhibit 6 (Mochon Deposition), #11 Exhibit 7 (Pereira Declaration), #12 Exhibit 8 (Schwartz Declaration), #13 Exhibit 9 (Schwartz Deposition), #14 Exhibit 10 (Solomon Deposition), #15 Exhibit 11 (Spindt Deposition), #16 Exhibit 12 (Harish Sujan Deposition), #17 Exhibit 13 (Mita Sujan Deposition), #18 Proposed Order)(Kabat, Alan) (Additional attachment(s) added on 12/12/2019 per #49 Order: #19 Exhibit Corrected version of Attachment M to Schwartz Declaration) (dw).
December 10, 2019 Filing 46 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund re #41 MOTION for Partial Summary Judgment on Breach of Contract Claim (Count I) . (Attachments: #1 Statement of Contested/Uncontested Facts)(Livaudais, Julie)
December 6, 2019 Opinion or Order Filing 45 ORDER SETTING ORAL ARGUMENT on #44 MOTION for Summary Judgment and #41 MOTION for Partial Summary Judgment for 12/18/2019 at 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 12/5/2019. (dw)
December 6, 2019 Filing 44 MOTION for Summary Judgment by Administrators of the Tulane Educational Fund. Motion(s) will be submitted on 12/18/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Statement of Contested/Uncontested Facts, #29 Notice of Submission)(dw)
December 6, 2019 Opinion or Order Filing 43 ORDER GRANTING #36 Defendant's Motion for Leave to File Memorandum in Support of its Motion for Summary Judgment in Excess of Twenty-Five Pages. Signed by Magistrate Judge Michael North on 12/5/2019. (dw)
December 5, 2019 Filing 42 Correction of Docket Entry by Clerk re #41 MOTION for Partial Summary Judgment on Breach of Contract Claim (Count I). Filing attorney selected incorrect time. Correct time is 11:00 am. Clerk took corrective action. No further action necessary at this time. (caa)
December 4, 2019 Filing 41 MOTION for Partial Summary Judgment on Breach of Contract Claim (Count I) by Janet A Schwartz. Motion(s) will be submitted on 12/18/2019. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Exhibit 1 (Burke deposition), #4 Exhibit 2 (Colella deposition), #5 Exhibit 3 (Forman deposition), #6 Exhibit 4 (McFarland deposition), #7 Exhibit 5 (Solomon deposition), #8 Exhibit 6 (Spindt deposition), #9 Exhibit 7 (Schwartz declaration), #10 Proposed Order, #11 Notice of Submission)(Kabat, Alan)
December 4, 2019 Filing 40 Correction of Docket Entry by Clerk re #37 Request/Statement of Oral Argument. Filing attorney incorrectly linked document to document #36 . Clerk removed linkage. No further action necessary at this time. (caa)
December 3, 2019 Filing 39 Request/Statement of Oral Argument by Janet A Schwartz regarding #41 MOTION for Partial Summary Judgment on Breach of Contract Claim (Count I). (Attachments: #1 Proposed Order)(Kabat, Alan) Modified on 12/5/2019 (caa).
December 3, 2019 Filing 38 **DEFICIENT** MOTION for Partial Summary Judgment on Breach of Contract Claim (Count I) by Janet A Schwartz. Motion(s) will be submitted on 12/18/2019. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Exhibit 1 (Burke deposition), #4 Exhibit 2 (Colella deposition), #5 Exhibit 3 (Forman deposition), #6 Exhibit 4 (McFarland deposition), #7 Exhibit 5 (Solomon deposition), #8 Exhibit 6 (Spindt deposition), #9 Exhibit 7 (Schwartz declaration), #10 Proposed Order)(Kabat, Alan) Modified on 12/4/2019 (caa).
December 3, 2019 Filing 37 Request/Statement of Oral Argument by Administrators of the Tulane Educational Fund regarding MOTION for Summary Judgement. (Attachments: #1 Proposed Order)(Livaudais, Julie) Modified on 12/4/2019 (caa).
December 3, 2019 Filing 36 EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Administrators of the Tulane Educational Fund. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Proposed Pleading, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Statement of Contested/Uncontested Facts, #31 Notice of Submission)(Livaudais, Julie)
December 1, 2019 Filing 35 Exhibit List by Administrators of the Tulane Educational Fund. (Livaudais, Julie)
December 1, 2019 Filing 34 Witness List by Administrators of the Tulane Educational Fund. (Livaudais, Julie)
November 27, 2019 Filing 33 **Deficient** Exhibit List by Administrators of the Tulane Educational Fund. (Myers, Sarah) Modified on 11/29/2019 (caa).
November 27, 2019 Filing 32 **DEFICIENT** Witness List by Administrators of the Tulane Educational Fund. (Myers, Sarah) Modified on 11/29/2019 (caa).
November 25, 2019 Filing 31 **DEFICIENT** Exhibit List by Administrators of the Tulane Educational Fund. (Haug, Rosalie) Modified on 11/27/2019 (caa).
November 25, 2019 Filing 30 Witness and Exhibit List by Janet A Schwartz. (Attachments: #1 Appendix Exhibit List, #2 Appendix Demonstrative Evidence List, #3 Appendix Witness List)(Kabat, Alan)
November 25, 2019 Filing 29 **DEFICIENT** Witness List by Administrators of the Tulane Educational Fund. (Haug, Rosalie) Modified on 11/27/2019 (caa).
October 2, 2019 Opinion or Order Filing 28 ORDER GRANTING #27 Motion to Appear Pro Hac Vice as to Devin Lynn Wrigley. Signed by Magistrate Judge Michael North on 9/30/2019. (Attachments: #1 Notice to Visiting Attorneys) (clc)
September 27, 2019 Filing 27 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-7877479) by Janet A Schwartz. (Attachments: #1 Affidavit, #2 Proposed Order)(Kansas, Alan) (Additional attachment(s) added on 10/1/2019: #3 E-file Registration Statement) (clc).
July 25, 2019 Filing 26 Minute Order. Proceedings held before Magistrate Judge Michael North: re #18 Motion to Compel. Subject to the terms of the protective order in place in this litigation, Tulane shall produce the following as stated herein. (Court Reporter Mary Thompson.) (clc)
July 22, 2019 Filing 25 REPLY to Response to Motion filed by Janet A Schwartz re #18 MOTION to Compel . (Attachments: #1 Exhibit A, #2 Exhibit B)(clc)
July 22, 2019 Opinion or Order Filing 24 ORDER GRANTING #23 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Michael North on 7/22/2019. (clc)
July 19, 2019 Filing 23 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Janet A Schwartz. (Attachments: #1 Proposed Order, #2 Reply Memorandum, #3 Exhibit A (By-Laws excerpts), #4 Exhibit B (Supp. Discovery Responses))(Kabat, Alan)
July 18, 2019 Filing 22 **DEFICIENT** REPLY to Response to Motion filed by Janet A Schwartz re #18 MOTION to Compel . (Attachments: #1 Exhibit A (By-Laws governing tenure), #2 Exhibit B (Third Supp. Responses))(Kabat, Alan) Modified on 7/19/2019 (clc).
July 16, 2019 Filing 21 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund re #18 MOTION to Compel . (Livaudais, Julie)
July 15, 2019 Opinion or Order Filing 20 ORDER re #18 MOTION to Compel filed by Janet A Schwartz. The submission exceeds 50 pages, within three (3) working days counsel for Plaintiff shall deliver a hard copy of said motion and exhibits to the undersigned's chambers at 500 Poydras Street, Room B419. Signed by Magistrate Judge Michael North on 7/15/2019.(clc)
July 15, 2019 Opinion or Order Filing 19 ORDER SETTING ORAL ARGUMENT on #18 MOTION to Compel set for 7/24/2019 11:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 7/15/2019.(clc)
July 9, 2019 Filing 18 MOTION to Compel by Janet A Schwartz. Motion(s) will be submitted on 7/24/2019. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit List, #4 Exhibit 1 (Interrogatories), #5 Exhibit 2 (Document Requests), #6 Exhibit 3 (April 29, 2019 letter), #7 Exhibit 4 (May 8, 2019 letter), #8 Exhibit 5 (May 17, 2019 letter), #9 Exhibit 6 (May 28, 2019 letter), #10 Exhibit 7 (May 31, 2019 letter), #11 Exhibit 8 (June21 - July 3 emails), #12 Exhibit 9 (Transcript, excerpts), #13 Notice of Submission)(Kabat, Alan)
February 6, 2019 Opinion or Order Filing 17 SCHEDULING ORDER:All discovery must be completed by 12/18/2019. Final Pretrial Conference set for 1/23/2020 02:00 PM before Magistrate Judge Michael North. Jury Trial set for 2/10/2020 09:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 2/5/19. (Attachments: #1 Pretrial Notice)(clc)
February 6, 2019 Opinion or Order Filing 16 CONSENT to Jurisdiction and Order referring case to US Magistrate Judge. IT IS ORDERED that this matter be referred to the United State Magistrate Judge Michael B. North for all further proceedings and the entry of Judgment in accordance with 28:636(c) and the foregoing consent of the parties. Signed by Judge Barry W Ashe on 2/5/2019. (NEF: Mag. 5)(sa)
February 1, 2019 Opinion or Order Filing 15 PROTECTIVE ORDER. Signed by Magistrate Judge Michael North on 2/1/19. (clc)
January 30, 2019 Filing 14 EXPARTE/CONSENT Joint MOTION for Protective Order by Administrators of the Tulane Educational Fund and Janet A. Schwatz. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(Livaudais, Julie) Modified text/filers on 1/31/2019 (sa).
January 4, 2019 Filing 13 Statement of Corporate Disclosure by Administrators of the Tulane Educational Fund (Livaudais, Julie)
January 3, 2019 Opinion or Order Filing 12 ORDER SCHEDULING PRELIMINARY CONFERENCE set for 2/1/2019 10:00 AM before case manager by telephone. Signed by Magistrate Judge Michael North on 1/3/19.(clc)
December 28, 2018 Filing 11 ANSWER to #1 Complaint with Jury Demand by Administrators of the Tulane Educational Fund.(Livaudais, Julie)
December 7, 2018 Opinion or Order Filing 10 ORDER granting #8 Motion for Extension of Time to Answer re #1 Complaint, as to Administrators of the Tulane Educational Fund answer due 1/2/2019. Signed by Magistrate Judge Michael North on 12/7/18. (sbs)
December 7, 2018 Opinion or Order Filing 9 ORDER GRANTING #6 Motion to Appear Pro Hac Vice as to Alan Robert Kabat. Signed by Judge Barry W Ashe on 12/4/18. (Attachments: #1 Pro Hac Notice) (clc)
December 4, 2018 Filing 8 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Complaint, by Administrators of the Tulane Educational Fund. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)Attorney Julie Durel Livaudais added to party Administrators of the Tulane Educational Fund(pty:dft).(Livaudais, Julie)
December 3, 2018 Filing 7 SUMMONS Returned Executed; Administrators of the Tulane Educational Fund served on 11/21/2018, answer due 12/12/2018. (Attachments: #1 Summons)(Kansas, Alan)
December 3, 2018 Filing 6 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-7273714) by Janet A Schwartz. Motion(s) referred to Michael North. (Attachments: #1 Affidavit and Certificate of Good Standing, #2 Proposed Order)(Kansas, Alan)
November 30, 2018 Filing 5 **DEFICIENT** SUMMONS Returned Executed; Administrators of the Tulane Educational Fund served on 11/21/2018, answer due 12/12/2018. (Attachments: #1 Proof of Service)(Kansas, Alan) Modified on 12/3/2018 (clc).
November 13, 2018 Filing 4 Correction of Docket Entry by Clerk re #1 Complaint. **Filing attorney did not properly format the pdf of the summons and civil cover sheet. The pdf should not have the fillable purple boxes. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action.** (mm)
November 13, 2018 Filing 3 Summons Issued as to Administrators of the Tulane Educational Fund. (mm)
November 13, 2018 Filing 2 Initial Case Assignment to Judge Barry W Ashe and Magistrate Judge Michael North. (cc)
November 12, 2018 Filing 1 COMPLAINT with jury demand against Tulane Educational Fund Administration (Filing fee $ 400 receipt number 053L-7227747) filed by Janet A Schwartz. (Attachments: #1 Civil Cover Sheet, #2 Summons)Attorney Alan F. Kansas added to party Janet A Schwartz(pty:pla).(Kansas, Alan) (Attachment 1 replaced on 11/13/2018) (mm). (Attachment 2 replaced on 11/13/2018) (mm).

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Defendant: Tulane Educational Fund Administration
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Defendant: Administrators of the Tulane Educational Fund
Represented By: Sarah Voorhies Myers
Represented By: Julie Durel Livaudais
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Defendant: Administrators of the Tulane Educational Fund doing business as Tulane University
Represented By: Sarah Voorhies Myers
Represented By: Julie Durel Livaudais
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Plaintiff: Janet A Schwartz
Represented By: Alan F. Kansas
Represented By: Alan Robert Kabat
Represented By: Devin Lynn Wrigley
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