Poston v. Syracuse University
| Shelby Poston |
| Syracuse University |
| 5:2021cv01386 |
| December 30, 2021 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Thomas J McAvoy |
| Contract: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 25, 2022. A more recent docket listing may be available from PACER.
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| Filing 33 TEXT ORDER: The #32 Letter Request Motion from J. Patrick Lannon for Shelby Poston requesting Adjustment to Briefing Schedule relating to Defendant's #31 Motion to Dismiss for Failure to State a Claim is hereby GRANTED. Response to Motion due by: 3/28/2022. Reply to Response to Motion due by: 4/27/2022. Authorized by Senior District Judge Thomas J. McAvoy on 2/25/2022. (map) |
| Filing 32 Letter Motion from J. Patrick Lannon for Shelby Poston requesting Adjustment to Briefing Schedule relating to Defendant's Motion to Dismiss submitted to Judge McAvoy on Consent of all Parties. (Attachments: #1 Stipulation to Adjustment of Briefing Schedule)(Lannon, J. Patrick) |
| Filing 31 MOTION to Dismiss for Failure to State a Claim filed by Syracuse University. Motion returnable before Judge Thomas J. McAvoy. Response to Motion due by 3/4/2022. Reply to Response to Motion due by 3/11/2022 (Attachments: #1 Memorandum of Law, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C) (DeBruin, David) |
Filing 30
TEXT ORDER: Court has reviewed #29 Letter Request, requesting adjournment of the 2/10/2022 11:30am telephone conference, which is granted for the reasons set forth in the letter. The 2/10/2022 telephone conference is OFF. All other deadlines remain as previously set by the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/9/2022. (sg )
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| Filing 29 NOTICE/Letter Request by Syracuse University / Joint Letter re Resolution of Dispute Obviating Need for Court Conference (DeBruin, David) Modified on 2/9/2022 (sg, ). |
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Filing 28
TEXT ORDER: Court reviewed defendant's letter motion (Dkt. No. #27 ) for an extension of time to respond to the complaint which is granted. Defendant's response is now due 2/11/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/3/2022. (sg )
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| Filing 27 Joint Letter Motion from David W. DeBruin for Syracuse University requesting an order extending Defendants deadline to respond to the complaint from tomorrow, February 4, to February 11 submitted to Judge Therese Wiley Dancks . (DeBruin, David) |
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Filing 26
TEXT ORDER: Court has received the joint letter request (Dkt. No. #25 ) advising the Court that the parties are working on resolving the issue of production of certain data from Defendants, and requesting that the telephone conference scheduled for today, 2/3/2022, be rescheduled, which is granted. Today's Telephone Status Conference is RESCHEDULED for 2/10/2022 at 11:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8622. If the parties are able to resolve the dispute prior to the new date for the call, they should promptly advise the Court in writing. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/3/2022. (sg)
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| Filing 25 Joint Letter Motion from David W. DeBruin for Syracuse University requesting to Adjourn the February 3 Conference to Next Thursday or Friday, February 10 or 11, 2022 submitted to Judge Therese Wiley Dancks . (DeBruin, David) |
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Filing 24
TEXT ORDER: Court has reviewed letter motion (Dkt. No. #23 ) seeking clarification of the Court's Text Order (Dkt. No. 22 ) regarding the timing of a motion for remand. Defendants are correct regarding the mandatory nature of 28 USC Section 1447(c), therefore and since it does not appear that the parties agreed to the extension of time, see, e.g., Harleysville Worcester Ins. Co. v. Sompo Japan Ins. Co. of Am., 21-CV-150 (JPO), 2021 WL 5154130, at *2 (S.D.N.Y. Nov. 5, 2021), the Court's Text Order (Dkt. No. 22) is clarified as follows: the deadline for plaintiff to file a motion for remand based upon lack of subject matter jurisdiction only is extended to 2/28/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/31/2022. (sg)
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| Filing 23 Letter Motion from David DeBruin for Syracuse University requesting clarification on Plaintiff's extension of time to file remand motion submitted to Judge Dancks . (DeBruin, David) |
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Filing 22
TEXT ORDER: Court has reviewed plaintiff's letter motion (Dkt. No. #21 ) requesting an extension of time to move to remand the matter back to state Court. Plaintiff also indicates she is anticipating a motion to compel, which is a non-dispositive motion. Thus, pursuant to Local Rules, plaintiff must obtain permission from the Court before filing any motion to compel. Plaintiff's request for an extension of time to file a motion to remand is granted. The motion is now due 2/28/2022. To the extent plaintiff's letter request (Dkt. No. 21) could be construed as a request to file a motion to compel, that request is denied without prejudice at this time. The Court will schedule a pre-motion conference with the parties to discuss the request to file a motion to compel by separate Text Notice. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/28/2022. (sg)
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| TEXT NOTICE of Telephone Conference: A Pre-Motion Conference has been set for 2/3/2022 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8622.(sg) |
| Filing 21 Letter Motion from J. Patrick Lannon for Shelby Poston requesting an extension of time to move to remand . (Lannon, J. Patrick) |
| Filing 20 NOTICE of Appearance by Lauren J. Hartz on behalf of Syracuse University (Hartz, Lauren) |
| Filing 19 NOTICE of Appearance by Ishan Kharshedji Bhabha on behalf of Syracuse University (Bhabha, Ishan) |
| Filing 18 NOTICE of Appearance by Edward W. Ciolko on behalf of Shelby Poston (Ciolko, Edward) |
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Filing 17
TEXT ORDER granting #15 Motion for Limited Admission Pro Hac Vice of Edward Ciolko, 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 1/12/2022. (sg)
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| Filing 16 NOTICE of Appearance by J. Patrick Lannon on behalf of Shelby Poston (Lannon, J. Patrick) |
| Filing 15 MOTION for Limited Admission Pro Hac Vice of Edward W. Ciolko Filing fee $100, receipt number ANYNDC-5768961. (Attachments: #1 Declaration of Sponsor, #2 E-Filing Registration Form, #3 Petition for Admission, #4 Certificate of Good Standing, #5 Proposed Order) Motions referred to Therese Wiley Dancks. (Cherundolo, John) |
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Filing 14
TEXT ORDER granting #12 Motion for Limited Admission Pro Hac Vice Lauren J. Hartz, 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 1/11/2022. (sg)
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Filing 13
TEXT ORDER granting #11 Motion for Limited Admission Pro Hac Vice of Ishan K. Bhabha, 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 1/11/2022. (sg )
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| Filing 12 MOTION for Limited Admission Pro Hac Vice of Lauren J. Hartz Filing fee $100, receipt number ANYNDC-5763387. (Attachments: #1 Declaration of Sponsor, #2 E-Filing Registration Form, #3 Petition for Admission, #4 Certificate of Good Standing, #5 Proposed Order) Motions referred to Therese Wiley Dancks. (DeBruin, David) |
| Filing 11 MOTION for Limited Admission Pro Hac Vice of Ishan K. Bhabha Filing fee $100, receipt number ANYNDC-5763321. (Attachments: #1 Declaration of Sponsor, #2 E-Filing Registration Form, #3 Petition for Admission, #4 Certificate of Good Standing, #5 Proposed Order) Motions referred to Therese Wiley Dancks. (DeBruin, David) |
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Filing 10
TEXT ORDER granting Defendant's #8 request for extension of time to respond to the complaint: Syracuse University answer due 2/4/2022. The 2/3/2022 Rule 16 Conference and associated deadlines are adjourned without new date at this time and will be rescheduled as necessary once the Defendant's response to complaint is filed. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/5/2022. (sg)
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| Filing 9 AFFIDAVIT of Service for General Order 25 (ECF No. 3) served on John C. Cherundolo, Michael A. Tompkins, Jeffrey K. Brown, Anthony M. Alesandro, Gary F. Lynch, Edward W. Ciolko, and Nicholas A. Colella on January 4, 2022, filed by Syracuse University. (DeBruin, David) |
| Filing 8 MOTION for Extension of Time to File Response to Plaintiff's Complaint to February 4, 2022 (Unopposed) filed by Syracuse University. Response to Motion due by 1/25/2022 Motions referred to Therese Wiley Dancks. (DeBruin, David) Modified on 1/5/2022 (sg, ). |
| Filing 7 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Syracuse University. (DeBruin, David) |
| ***Answer due date updated for Syracuse University answer due 1/6/2022. (ds) |
| Filing 6 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Anthony M. Alesandro, Email address is aalesandro@leedsbrownlaw.com. Phone number is (516) 873-9550. Admissions due by 1/18/2022. Copy served upon attorney by email on 1/3/2022.(ds) |
| Filing 5 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Edward W. Ciolko and Nicholas A. Colella, Email address is eciolko@carlsonlynch.com and ncolella@carlsonlynch.com. Phone number is (412) 322-9243. Admissions due by 1/18/2022. Copy served upon both attorneys by email on 1/3/2022.(ds) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Defendant; Attorney Ishan K. Bhabha and Lauren J. Hartz, Email address is ibhabha@jenner.com and lhartz@jenner.com. Phone number is (202) 639-6000. Admissions due by 1/18/2022. Copy served by email upon both attorneys on 1/3/2022.(ds) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 2/3/2022 at 9:30 AM in Syracuse 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 1/27/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ds) |
| Filing 2 STATE COURT SUMMONS AND COMPLAINT WITH JURY DEMAND relating to #1 Notice of Removal, filed by Plaintiff(s) in New York State Supreme Court - Onondaga County. (ds) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court - Onondaga County, case number 10084/2021 (Filing fee $402 receipt number ANYNDC-5757042) filed by Syracuse University. (Attachments: #1 Exhibit A - State Court Summons and Complaint with Jury Demand, #2 Exhibit B - Service of Process, #3 Civil Cover Sheet)(ds) |
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