Fiacco v. University of Rochester
| Dominic Fiacco |
| University of Rochester |
| 1:2024cv10777 |
| March 26, 2024 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Filing 28 NOTICE TO ALL COUNSEL: Pursuant to the Transfer Order in MDL No. 3083 dated 1/30/2024, Western District of New York case number 6:23-cv-06518 has been transferred to the District of Massachusetts and assigned civil action number: 1:24-cv-10777. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083 (Danieli, Chris) |
| Filing 27 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Danieli, Chris) |
| Filing 26 Case transferred in from District of New York Western; Case Number 6:23-cv-06518. |
| Filing 25 MULTIDISTRICT LITIGATION TRANSFER ORDER. (DMK) |
| Filing 24 TEXT ORDER: On 10/5/2023, Plaintiffs filed 9 Motion to Appoint Counsel. Defendant may respond on or before 10/18/2023. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/6/2023. Associated Cases: 6:23-cv-06447-FPG, 6:23-cv-06471-FPG, 6:23-cv-06518-FPG (MDS) |
| Filing 23 NOTICE of Appearance by Robyn Mara Feldstein on behalf of University of Rochester (Feldstein, Robyn) |
| ATTENTION ALL PARTIES OR INTERVENORS: Pursuant to Fed. R. Civ. P. 7.1 and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed with first appearance, pleading, petition, motion, response, or other request addressed to the court. (KM) |
| Case Reassigned to Hon. Frank P. Geraci, Jr. Hon. Elizabeth A. Wolford no longer assigned to the case. (DMK) |
| Filing 22 TEXT ORDER REASSIGNING CASE. The parties jointly sought transfer of this matter from the Northern District of New York on the basis that two substantially similar cases are currently pending in this District before the Hon. Frank P. Geraci, Jr., arguing that "[t]ransfer to the Western District of New York before Judge Geraci would promote the interests of justice and enhance the convenience to witnesses, access to relevant documents and sources of proof, availability of process, and trial efficiency." (Dkt. 16-1 at 1 ). The Hon. David N. Hurd granted the parties' joint motion and the matter was transferred to this District and randomly assigned to the undersigned. In light of these facts, this case is hereby transferred to the Hon. Frank P. Geraci, Jr. for all further proceedings. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/15/2023. (CDH)Clerk to Follow up |
| Filing 21 TEXT ORDER granting #19 Motion for Pro Hac Vice by Matthew A. Girardi; granting #20 Motion for Pro Hac Vice by L. Timothy Fisher. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/15/2023. (MGB)Clerk to Follow up |
| Filing 20 MOTION to appear pro hac vice for L. Timothy Fisher ( Filing fee $ 200 receipt number ANYWDC-4976143.) by Dominic Fiacco. (Attachments: #1 Petition, #2 Attorney Oath, #3 Civility Oath, #4 ECF Registration, #5 Sponsor Affidavit)(Fraietta, Philip) |
| Filing 19 MOTION to appear pro hac vice for Matthew A. Girardi ( Filing fee $ 200 receipt number ANYWDC-4976119.) by Dominic Fiacco. (Attachments: #1 Petition, #2 Attorney Oath, #3 Civility Oath, #4 ECF Registration, #5 Sponsor Affidavit)(Fraietta, Philip) |
| Filing 18 Case transferred in from District of New York Northern; Case Number 6:23-cv-00972. |
Filing 17
ORDER GRANTING JOINT MOTION TO TRANSFER TO THE WESTERN DISTRICT OF NEW YORK: Upon consideration of the #16 Joint Motion to Transfer to the Western District of New York, it is hereby Ordered and Decreed that said Motion is Granted. This action is therefore transferred to the United States District Court for the Western District of New York, Rochester Division, which will obtain exclusive jurisdiction. Signed by Judge David N. Hurd on 09/11/2023. (hmr) [Transferred from nynd on 9/11/2023.]
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| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (CGJ) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
| Filing 16 Joint MOTION to Transfer Case to Western District of New York filed by Dominic Fiacco. Response to Motion due by 9/29/2023. Reply to Response to Motion due by 10/6/2023 (Attachments: #1 Memorandum of Law In Support, #2 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Girardi, Matthew) [Transferred from nynd on 9/11/2023.] |
| Filing 15 NOTICE OF APPEARANCE by Sarah A. Ballard on behalf of University of Rochester (Ballard, Sarah) [Transferred from nynd on 9/11/2023.] |
| Filing 14 NOTICE OF APPEARANCE by Lawrence T. Fisher on behalf of Dominic Fiacco (Fisher, Lawrence) [Transferred from nynd on 9/11/2023.] |
| Filing 13 NOTICE OF APPEARANCE by Matthew A. Girardi on behalf of Dominic Fiacco (Girardi, Matthew) [Transferred from nynd on 9/11/2023.] |
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Filing 12
TEXT ORDER: Court has reviewed a stipulation (Dkt. No. #11 ) which is really a request for an extension of time for defendant to respond to the complaint. Additionally, the stipulation/request for extension is submitted on behalf of plaintiff and defendant, yet no attorney has filed a Notice of Appearance for defendant to date as required by Local Rule 11.1. Nevertheless, the stipulation/request for an extension of time for defendant to respond to the complaint is granted for the reasons set forth by the parties. Defendant shall respond to the complaint by 10/20/2023. In the meantime, Attorney Ballard is directed to file a Notice of Appearance by 9/8/2023 in accordance with Local Rule 11.1. Attorneys Girardi and Fisher, and any other attorneys involved in this matter who are granted Pro Hac Vice admission to the NDNY, must also promptly file a Notice of Appearance. Any further submissions by any attorneys who have not filed a Notice of Appearance in accordance with Local Rule 11.1 will be summarily stricken from the docket. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/5/2023. (sg ) [Transferred from nynd on 9/11/2023.]
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| Filing 11 STIPULATION re #1 Complaint to Extend Defendant's Time to Answer, Move, or Otherwise Respond to Plaintiff's Complaint by University of Rochester. (Ballard, Sarah) Modified on 9/5/2023 (sg, ). [Transferred from nynd on 9/11/2023.] |
| Filing 10 SUMMONS Returned Executed by Dominic Fiacco. University of Rochester served on 8/14/2023, answer due 9/5/2023. (Fraietta, Philip) [Transferred from nynd on 9/11/2023.] |
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Filing 9
TEXT ORDER granting #7 Motion for Limited Admission Pro Hac Vice of L. Timothy Fisher, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/23/2023. (sg ) [Transferred from nynd on 9/11/2023.]
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Filing 8
TEXT ORDER granting #6 Motion for Limited Admission Pro Hac Vice of Matthew Girardi, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/23/2023. (sg) [Transferred from nynd on 9/11/2023.]
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| Filing 7 MOTION for Limited Admission Pro Hac Vice of L. Timothy Fisher Filing fee $100, receipt number ANYNDC-6407788. Motions referred to Therese Wiley Dancks. (Fraietta, Philip) [Transferred from nynd on 9/11/2023.] |
| Filing 6 MOTION for Limited Admission Pro Hac Vice of Matthew A. Girardi Filing fee $100, receipt number ANYNDC-6407787. Motions referred to Therese Wiley Dancks. (Fraietta, Philip) [Transferred from nynd on 9/11/2023.] |
| Filing 5 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney L. Timothy Fisher, Email address is ltfisher@bursor.com. Phone number is (925) 300-4455. Admissions due by 8/25/2023. [Copy emailed to Attorney Fisher on 8/11/2023.](hmr) [Transferred from nynd on 9/11/2023.] |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Matthew A. Girardi, Email address is mgirardi@bursor.com. Phone number is (646) 837-7150. Admissions due by 8/25/2023. [Copy emailed to Attorney Girardi on 8/11/2023.](hmr) [Transferred from nynd on 9/11/2023.] |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/13/2023 at 10:30 AM by Telephone Conference before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/6/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) [A courtesy copy of this document was emailed to Attorney Girardi and Attorney Fisher via email on 8/11/2023.] (hmr) [Transferred from nynd on 9/11/2023.] |
| Filing 2 Summons Issued as to University of Rochester. (hmr) [Transferred from nynd on 9/11/2023.] |
| Filing 1 CLASS ACTION COMPLAINT with Jury Demand against University of Rochester (Filing fee $402 receipt number ANYNDC-6407019) filed by Dominic Fiacco. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(hmr) [Transferred from nynd on 9/11/2023.] |
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| Plaintiff: Dominic Fiacco | |
| Represented By: | Lawrence Timothy Fisher |
| Represented By: | Matthew A Girardi |
| Represented By: | Philip L. Fraietta |
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| Defendant: University of Rochester | |
| Represented By: | Sarah A. Ballard |
| Represented By: | Robyn Mara Feldstein |
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