Fiacco v. University of Rochester
Plaintiff: Dominic Fiacco
Defendant: University of Rochester
Case Number: 6:2023cv00972
Filed: August 10, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: David N Hurd
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2023 Opinion or Order 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)
September 11, 2023 Case transferred electronically to the Western District of New York pursuant to the Dkt. No. #17 Order of Transfer dated 9/11/2023. (hmr)
September 11, 2023 Case transferred from New York Northern has been opened in U.S. District Court, Western District of New York as case 6:23-cv-06518, filed 09/11/2023.(nas )
September 8, 2023 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)
September 5, 2023 Filing 15 NOTICE OF APPEARANCE by Sarah A. Ballard on behalf of University of Rochester (Ballard, Sarah)
September 5, 2023 Filing 14 NOTICE OF APPEARANCE by Lawrence T. Fisher on behalf of Dominic Fiacco (Fisher, Lawrence)
September 5, 2023 Filing 13 NOTICE OF APPEARANCE by Matthew A. Girardi on behalf of Dominic Fiacco (Girardi, Matthew)
September 5, 2023 Opinion or Order 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 )
September 1, 2023 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, ).
August 28, 2023 Filing 10 SUMMONS Returned Executed by Dominic Fiacco. University of Rochester served on 8/14/2023, answer due 9/5/2023. (Fraietta, Philip)
August 23, 2023 Opinion or Order 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 )
August 23, 2023 Opinion or Order 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)
August 11, 2023 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)
August 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)
August 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)
August 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)
August 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)
August 11, 2023 Filing 2 Summons Issued as to University of Rochester. (hmr)
August 10, 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)

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Plaintiff: Dominic Fiacco
Represented By: Philip Lawrence Fraietta
Represented By: Lawrence T. Fisher
Represented By: Matthew A. Girardi
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Defendant: University of Rochester
Represented By: Sarah A. Ballard
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