Buckhout v. New York State, State University of New York, Upstate Medical University
| Mary Ellen Buckhout |
| New York State, State University of New York, Upstate Medical University and New York State, State University of New York Upstate Medical University |
| 5:2019cv01602 |
| December 23, 2019 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| Civil Rights: Americans with Disabilities - Employment |
| 29 U.S.C. § 0794 Job Discrimination (Handicap) |
| Plaintiff |
Docket Report
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Filing 13
AMENDED COMPLAINT against New York State, State University of New York Upstate Medical University filed by Mary Ellen Buckhout. (Attachments: #1 Civil Cover Sheet, #2 Exhibit(s) A. NYSDHR Determination, #3 Exhibit(s) B - EEOC Right to SUe, #4 Certificate of Service)(Hartt, James)
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Filing 12
TEXT ORDER: Court has reviewed the #11 Amended Complaint and notes that the paragraph numbering is incorrect. Court also notes that the Court attempted to contact Plaintiff's counsel about this error. Plaintiff is directed to refile the amended complaint with correct paragraph numbering by 2/20/2020. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/18/2020. (sg )
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***Answer due date updated for New York State, State University of New York Upstate Medical University answer due 3/3/2020. (see)
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Filing 11
AMENDED COMPLAINT against New York State, State University of New York, Upstate Medical University filed by Mary Ellen Buckhout. (Attachments: #1 Certifiacte of Service, #2 Exhibit(s) A. NYSDHR Determination, #3 Exhibit(s) B - EEOC Right to SUe, #4 Civil Cover Sheet)(Hartt, James)
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TEXT Minute Entry for Telephone Pre-Motion Conference held on 2/12/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by James Hartt, Esq. for the Plaintiff; Kyle Sturgess, AAG for the defendants; Judge D'Agostino addresses counsel regarding defendant's pre-motion letter [Dkt. No. 9] and plaintiff's response [Dkt. No. 10]; The plaintiff requests leave to file an amended complaint; The Court grants the plaintiff's request. The plaintiff's amended complaint shall be filed on or before 2/18/20; If, after review of the plaintiff's amended complaint, the defendants feel that a motion to dismiss is necessary, counsel for the defendant's shall file another pre-motion letter. Judge D'Agostino will not require another pre-motion conference, but she would make a determination as to any pre-motion letters/responses that are filed. (Court Reporter Theresa Casal, CRD Britney Norton [Time 1:00 p.m. - 1:08 p.m.]) (ban)
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Filing 10
Pre-Motion Response to #9 Letter Motion from Kyle Sturgess for New York State, State University of New York, Upstate Medical University requesting pre-motion permission to move to dismiss pursuant to FRCP 12(b)(1) and/or pre-motion conference submitted to Judge Hon. Mae A. D'Agostino. (Hartt, James)
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Filing 9
Letter Motion from Kyle Sturgess for New York State, State University of New York, Upstate Medical University requesting pre-motion permission to move to dismiss pursuant to FRCP 12(b)(1) and/or pre-motion conference submitted to Judge Hon. Mae A. D'Agostino . (Sturgess, Kyle)
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Filing 8
TEXT ORDER: Court has reviewed Defendant's #7 Letter Request for extension of deadline for defendant to respond to the complaint, which was due 1/16/2020. Court grants request for extension. Counsel are reminded that requests for extensions of deadlines must be made prior to the expiration of the deadline and must show a good-cause basis for the request, even if the parties agree to it. Defendant answer due 2/5/2020. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/22/2020. (sg )
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Filing 7
Letter Motion from Kyle Sturgess for New York State, State University of New York, Upstate Medical University requesting extension of time until February 5, 2020 to answer/respond to Plaintiff's Complaint submitted to Judge Hon. Therese Wiley Dancks . (Sturgess, Kyle)
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Filing 6
NOTICE of Appearance by Kyle W. Sturgess on behalf of New York State, State University of New York, Upstate Medical University (Attachments: #1 Declaration of service)(Sturgess, Kyle)
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Filing 5
SUMMONS Returned Executed by Mary Ellen Buckhout. New York State, State University of New York, Upstate Medical University served on 12/26/2019, answer due 1/16/2020. (Hartt, James)
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Filing 4
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. (hmr)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/30/2020 at 09:30 AM by telephone 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 3/23/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr)
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Filing 2
Summons Issued as to New York State, State University of New York, Upstate Medical University. (hmr)
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Filing 1
COMPLAINT with Jury Demand against New York State, State University of New York, Upstate Medical University (Filing fee $400 receipt number ANYNDC-4981326) filed by Mary Ellen Buckhout. (Attachments: #1 Exhibit A - NYSDHR Determination, #2 Exhibit B - US EEOC Right to Sue, #3 Civil Cover Sheet)(hmr)
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| Plaintiff: Mary Ellen Buckhout | |
| Represented By: | James D. Hartt |
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| Defendant: New York State, State University of New York, Upstate Medical University | |
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| Defendant: New York State, State University of New York Upstate Medical University | |
| Represented By: | Kyle W. Sturgess |
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