Ebanks v. Absolut Center for Nursing and Rehabilitation at Endicott, LLC et al
| Kero Ebanks |
| Jane Doe, Absolute Care, LLC, Absolut Center for Nursing and Rehabilitation at Endicott, LLC, John Doe, James Shadduck, Absolut at Endicott, LLC and Absolut at Endicott, LLC doing business as Absolut Care of Endicott |
| 3:2019cv00461 |
| April 19, 2019 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Miroslav Lovric |
| David E Peebles |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal - Employment Discrim |
| None |
Docket Report
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This docket was last retrieved on July 1, 2019. A more recent docket listing may be available from PACER.
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Filing 17
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Miroslav Lovric for all further proceedings. Magistrate Judge David E. Peebles no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 7/1/2019. (amt)
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Filing 16
ORDER DISMISSING CASE BY REASON OF SETTLEMENT. Signed by U.S. District Judge Mae A. D'Agostino on 6/14/19. (ban)
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| Filing 15 STATUS REPORT Letter to Judge Peebles by Absolut Center for Nursing and Rehabilitation at Endicott, LLC. (Lanouette, Dawn) |
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Filing 14
TEXT ORDER granting #13 Letter Request for an extension of time for defendants Absolut Center for Nursing and Rehabilitation at Endicott, LLC, Absolut at Endicott, LLC, and James Shadduck to answer or otherwise respond to plaintiff's complaint on or before 6/13/2019. Authorized by Magistrate Judge David E. Peebles on 6/11/2019. (sal)
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| Filing 13 Letter Motion from Dawn J. Lanouette, Esq. for Absolut Center for Nursing and Rehabilitation at Endicott, LLC, Absolut at Endicott, LLC, James Shadduck requesting two day extension of time to file answer or settle case. submitted to Judge Peebles . (Lanouette, Dawn) |
| Filing 12 STATUS REPORT by Kero Ebanks. (Benjamin, Ronald) |
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Filing 11
TEXT ORDER : According to the docket sheet, the time for defendant Absolute Care, LLC has expired. Plaintiff's counsel is directed to file either a status report or a request for clerk's entry of default as to defendant Absolute Care, LLC on or before 6/5/2019. An IN PERSON Initial Conference is set for 6/21/2019 at 10:30 AM at the U.S. Courthouse in Binghamton, NY before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/14/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) SO ORDERED by Magistrate Judge David E. Peebles on 5/29/2019. (sal )
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| ***Answer due date updated for Absolut Center for Nursing and Rehabilitation at Endicott, LLC answer due 6/11/2019; Absolut at Endicott, LLC answer due 6/11/2019; James Shadduck answer due 6/11/2019. (sal ) |
| Filing 10 TEXT ORDER. Defendants have moved to dismiss counts one, three, and five of the Complaint, as well as to dismiss Defendants John and Jane Doe, the owners of the facility. See Dkt. No. 8-3. Plaintiff has indicated in her May 23, 2019 letter to the Court that she consents to the dismissal of those claims, and of John and Jane Doe. See Dkt. No. 9 at 1. The court may dismiss claims from a case where the plaintiff has consented to their dismissal. See, e.g., Greig v. Harmon, 182 F.3d 899, 899 (2d Cir. 1999) (denying a motion for relief from judgment where the plaintiff voluntarily consented to dismissal of his action); Drumm v. SUNY Geneseo Coll., 794 F. Supp. 2d 423, 424-25 (W.D.N.Y. 2011), aff'd, 486 Fed. Appx. 912 (2d Cir. 2012) (dismissing a retaliation claim where the plaintiff did not oppose dismissal). Here, count one (alleging a violation of the collective bargaining agreement) and count three (alleging a Title VII violation) must be dismissed because Plaintiff has not exhausted the administrative remedies available to her. Additionally, Plaintiff has failed to allege any interference with a judicial proceeding, as is required to bring a claim for conspiracy to interfere with civil rights (count five). See 42 U.S.C. 1985. Finally, the Complaint does not contain any allegations against John Doe and Jane Doe. See M.F. v. N. Syracuse Cent. Sch. Dist., No. 5:17-CV-1385, 2019 WL 1432768, *5 (N.D.N.Y. Mar. 29, 2019) (noting that "[i]t is well-settled that, where the complaint names a defendant in the caption but contains no allegations indicating how the defendant violated the law or injured the plaintiff, a motion to dismiss the complaint in regard to that defendant should be granted") (quotation and citations omitted). Accordingly, counts one, three, and five of the Complaint, and the John and Jane Doe Defendants, are DISMISSED. SO ORDERED by U.S. District Judge Mae A. D'Agostino on 5/28/19. (ban) |
| Filing 9 Letter Motion from Ronald R. Benjamin for Kero Ebanks requesting advising plaintiff will not be opposing defendants' motion and requesting conference with Magistrate Judge Peebles submitted to Judge Mae A. D'Agostino . (Benjamin, Ronald) |
| Filing 8 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 6/18/2019 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 6/3/2019 Reply to Response to Motion due by 6/7/2019. filed by Absolut Center for Nursing and Rehabilitation at Endicott, LLC, Absolut at Endicott, LLC, Jane Doe, John Doe, James Shadduck. (Attachments: #1 Affidavit of Dawn J. Lanouette, #2 Exhibit(s) A-CBA, #3 Memorandum of Law) (Lanouette, Dawn) |
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Filing 7
TEXT ORDER: In light of defendants' anticipated motion to dismiss, the in person Rule 16 Initial Conference set for 5/17/2019 at 12:00 PM in Binghamton is adjourned without date. The deadline for filing a Civil Case Management Plan and exchange of mandatory disclosures is stayed at this time. Authorized by Magistrate Judge David E. Peebles on 4/30/2019. (sal )
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| Filing 6 TEXT ORDER re #5 Pre-Motion Letter: The Court is in receipt of the defendant's pre-motion letter dated April 23, 2019 [Dkt. No. 5]. To date, no response has been filed by the plaintiff; The Court does not find a need for a telephone conference, and will therefore will grant defendant's request for leave to file a motion to dismiss. The defendant's Motion to Dismiss shall be filed on or before 5/17/2019. The motion shall be made returnable for June 18, 2019 (ON SUBMIT) before Judge D'Agostino. Signed by U.S. District Judge Mae A. D'Agostino on 4/30/2019. (ban) |
| Filing 5 Pre-Motion Letter by Absolut Center for Nursing and Rehabilitation at Endicott, LLC requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 4/26/2019 (Lanouette, Dawn) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 5/17/2019 at 12:00 PM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/10/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdp, ) |
| Filing 3 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. (see) |
| Filing 2 STATE COURT SUMMONS AND COMPLAINT relating to #1 Notice of Removal filed. (see) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, Broome County, case number EFCA2019000725 (Filing fee $400 receipt number ANYNDC-4716430) filed by James Shadduck, Absolut Center for Nursing and Rehabilitation at Endicott, LLC, and Absolut at Endicott, LLC. (Attachments: #1 Exhibit(s) A - State Court Papers, #2 Affidavit of Service, #3 Civil Cover Sheet)(see) |
| ***Answer due date updated for Absolut Center for Nursing and Rehabilitation at Endicott, LLC answer due 4/26/2019; Absolut at Endicott, LLC answer due 4/26/2019; James Shadduck answer due 4/26/2019. (see) |
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