Eidem v. Paul Smith's College et al
| Tess Eidem |
| Paul Smith's College and Nicholas Hunt-Bull |
| Krista Gottlieb |
| 8:2022cv00158 |
| February 18, 2022 |
| US District Court for the Northern District of New York |
| Gary L Sharpe |
| Daniel J Stewart |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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| Filing 28 STATUS REPORT Letter to Hon. Daniel J. Stewart by Nicholas Hunt-Bull, Paul Smith's College. (McClung, Katherine) |
Filing 27
TEXT ORDER: On March 24, 2022, the Court held a Status Telephone Conference with counsel in this matter. Based upon the discussions held on the record, the Court amends the Scheduling Order as follows: 1) Plaintiff to serve expert disclosures by May 16, 2022; 2) Defendants to serve expert disclosures by June 28, 2022; 3) Rebuttals to be served by July 13, 2022; 4) All discovery to be completed by August 12, 2022; 5) Any dispositive motion shall be filed on or before September 30, 2022; 6) Plaintiff to provide outstanding discovery responses and initial disclosures to Defendants by April 8, 2022; 7) Plaintiff to serve discovery demands upon Defendants by April 8, 2022; and 8) Defendants to file a Status Report by April 15 2022. The Court exempts this matter from participation in the Mandatory Mediation Program. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/28/2022. (mab)
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| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Status Telephone Conference held on 3/24/2022. Appearances: Duwaine Bascoe, Esq. for Plaintiff; Katherine McClung, Esq. for Defendants. Case was transferred from the Western District of New York. The Court hears from counsel as to the status of discovery. Plaintiff advised that little preliminary discovery has been completed. Mediation was held through the Western District and was not successful, however, the parties are still open to the possibility of settlement and are willing to go back to the selected Mediator for continued discussions. After hearing from counsel, the Court directs Plaintiff to provide outstanding discovery and initial disclosures to Defendants by 4/8/2022. Plaintiff to serve discovery demands upon Defendants by 4/8/2022. Defendants to file a Status Report by 4/15/2022. The Court re-sets the deadlines. In light of the parties selecting a Mediator and participating in Mediation through the Western District, this matter is opted out of the Mandatory Mediation Program in the NDNY. (TIME: 10:03AM-10:15AM). (Court Reporter: Eileen McDonough) (mab) |
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Filing 26
TEXT ORDER: On March 14, 2022, the parties filed a Joint Letter Request seeking an extension of the deadlines in this matter. Dkt. No. #25 . The Court is taking this request under advisement and directs counsel to appear for a Status Telephone Conference on March 24, 2022 at 10:00 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/15/2022. (mab)
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| Filing 25 Letter Motion from Katherine McClung for Nicholas Hunt-Bull, Paul Smith's College requesting additional time to complete discovery submitted to Judge Daniel J. Stewart . (McClung, Katherine) |
| Filing 24 NOTICE from Katherine McClung for Nicholas Hunt-Bull, Paul Smith's College requesting Samuel Wiles to submit withdrawal paperwork submitted to Judge Daniel J. Stewart . (McClung, Katherine) Modified on 3/15/2022 (mab). |
| Reset Deadlines: Pursuant to the #20 Stipulated Order of Mediator issued by the Hon. Mark W. Pedersen, prior to the transfer of this case from the WDNY to this district, the initial mediation session will be conducted on 3/23/2022 by remote means. The deadline for the initial mediation session is extended until 3/25/2022. The mediator, Krista Gottlieb, Esq., who is no longer admitted in the NDNY, shall provide a Report of Mediation, once mediation is concluded by the court ordered deadline, by using this court's website, https://www.nynd.uscourts.gov, under Programs and Services/ADR Program/Documents to be Filed (ADR), and completing the prompted steps. (sal) |
| Filing 23 NOTICE OF ADMISSION REQUIREMENT: as to Party Defendants' Paul Smith's College and Nicholas Hunt-Bull; Attorney Samuel Patrick Wiles, Email address is swiles@bsk.com. Phone number is 585-362-4859. Admissions due by 3/4/2022. {Copy served upon Attorney Wiles by email} (jmb) |
| Filing 22 Case transferred in from District of New York Western; Case Number 6:21-cv-06078. electronically transferred when case opened |
| Filing 21 TEXT ORDER. On January 18, 2022, the Court entered a Text Order (Dkt. 18) questioning whether venue is proper in this District and ordering Plaintiff to file a brief by January 31, 2022, setting forth the basis for her contention that venue is appropriate in this District. Plaintiff did not file any such brief. A civil action may properly be brought in "(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action." 28 U.S.C. 1391(b). As the Court previously noted, this District does not, based on the allegations set forth in the complaint, appear to satisfy these criteria. While the complaint alleges in conclusory fashion that "Plaintiff resides in this District and a substantial part of the events or omissions giving rise to this action occurred in this District," (Dkt. 1 at 7), it does not identify any events or omissions occurring in this District. Instead, the allegations appear to have all taken place in the district for the United States District Court for the Northern District of New York, where Plaintiff's employment at defendant Paul Smith's College occurred. "The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." 28 U.S.C. 1406(a); see also 28 U.S.C. 1404(a) ("For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented."). "A district court may transfer a case on a motion by either party or sua sponte on its own motion." WorldCare Corp. v. World Ins. Co., 767 F. Supp. 2d 341, 365 (D. Conn. 2011); see also Armstrong v. Costco Wholesale Corp. & Nice-Pak Prod., Inc., 234 F. Supp. 3d 367, 369 (E.D.N.Y. 2017) ("A court may transfer a case sua sponte."). Here, having considered the appropriate factors (see Armstrong, 234 F. Supp. 3d at 369-70), the Court finds transfer to the United States District Court for the Northern District of New York warranted under both 1404(a) and 1406(a). The Clerk of Court is directed to take all steps necessary to effectuate such transfer. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/18/2022. (MGB) -CLERK TO FOLLOW UP- [Transferred from New York Western on 2/18/2022.] |
| Filing 20 STIPULATED ORDER OF MEDIATOR: Designation of Krista Gottlieb, Esq. as Mediator in this case. Signed by Hon. Mark W. Pedersen on 1/25/2022. (JB)-CLERK TO FOLLOW UP- [Transferred from New York Western on 2/18/2022.] |
| Filing 19 NOTICE of Appearance by Theresa Eileen Rusnak on behalf of Nicholas Hunt-Bull, Paul Smith's College (Rusnak, Theresa) [Transferred from New York Western on 2/18/2022.] |
| Filing 18 TEXT ORDER. In reviewing the complaint (Dkt. 1), it has come to the Court's attention that venue may not be proper in this District. A civil action may properly be brought in "(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action." 28 U.S.C. 1391(b). Here, the complaint alleges in conclusory fashion that "Plaintiff resides in this District and a substantial part of the events or omissions giving rise to this action occurred in this District." (Dkt. 1 at 7). However, the complaint does not actually identify any events or omissions occurring in this District. On or before January 31, 2022, Plaintiff must file a brief of no more than 10 pages setting forth the basis for the contention that venue is proper in this District. Based on that filing, the Court may require additional submissions or schedule an appearance to address the matter further. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/18/2022. (MGB) [Transferred from New York Western on 2/18/2022.] |
| Filing 17 STIPULATION (Proposed Stipulated Order of Mediator) by Nicholas Hunt-Bull, Paul Smith's College. (McClung, Katherine) [Transferred from New York Western on 2/18/2022.] |
| E-Filing Notification: Clerk modified the following entry from Abrams Festerman is substituted for Abrams Festerman to Dwaine Bascoe is substituted for Abrams Festerman and clerk added Duwaine Boscoe as counsel for Tess Eidem - #16 Notice of Substitution of Counsel: Duwaine Bascoe is substituted for Abrams Fensterman. CLERK TO FOLLOW UP (Bascoe, Duwaine) Modified on 11/10/2021 (LMD). (LMD) [Transferred from New York Western on 2/18/2022.] |
| Filing 16 Notice of Substitution of Counsel: Duwaine Bascoe is substituted for Abrams Fensterman. CLERK TO FOLLOW UP (Bascoe, Duwaine) Modified on 11/10/2021 (LMD). [Transferred from New York Western on 2/18/2022.] |
| Filing 15 Minute Entry for proceedings held before Hon. Mark W. Pedersen: Scheduling Conference held on 10/5/2021. Appearances: Duwaine T. Bascoe, Esq.; Katherine S. McClung, Esq.. Amended Scheduling Order to be issued. (JB) [Transferred from New York Western on 2/18/2022.] |
| Filing 14 SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Mandatory Disclosures due by 11/5/2021. Stipulation of Selection of Mediator due by 11/23/2021. First Mediation Session due by 1/24/2022. Mediation To End by 3/3/2022. Motions to Compel Discovery due by 3/18/2022. Discovery completed by 4/4/2022. Dispositive Motions due by 7/15/2022.. Signed by Hon. Mark W. Pedersen on 10/5/21. (KAP) [Transferred from New York Western on 2/18/2022.] |
| Filing 12 TEXT ORDER re #11 MOTION to Adjourn Scheduling Conference filed by Tess Eidem: Scheduling Conference reset for 10/5/2021 at 1:30 PM before Hon. Mark W. Pedersen. SO ORDERED. Signed by Hon. Mark W. Pedersen on 9/13/2021. (JB) [Transferred from New York Western on 2/18/2022.] |
| Filing 11 MOTION to Adjourn Scheduling Conference by Tess Eidem.(Bascoe, Duwaine) [Transferred from New York Western on 2/18/2022.] |
| Filing 10 NOTICE of Appearance by Samuel Patrick Wiles on behalf of Nicholas Hunt-Bull, Paul Smith's College (Wiles, Samuel) [Transferred from New York Western on 2/18/2022.] |
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Filing 9
ORDER: Scheduling Conference set for 9/15/2021 at 9:30 AM before Hon. Mark W. Pedersen. A joint proposed discovery plan is due to be filed at least 4 business days prior to the scheduled conference. Signed by Hon. Mark W. Pedersen on 8/12/2021. (JB)[Transferred from New York Western on 2/18/2022.]
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| Filing 8 TEXT ORDER REFERRING CASE to Magistrate Judge Pedersen for all pretrial matters excluding dispositive motions. Signed by Hon. Elizabeth A. Wolford on 5/11/2021. (BK) [Transferred from New York Western on 2/18/2022.] |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) [Transferred from New York Western on 2/18/2022.] |
| Filing 7 ANSWER to #1 Complaint by Nicholas Hunt-Bull, Paul Smith's College.(McClung, Katherine) [Transferred from New York Western on 2/18/2022.] |
| Filing 6 TEXT ORDER granting unopposed request for extension of time. Defendants shall answer or otherwise respond to the complaint on or before May 10, 2021. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/29/2021. (MGB) [Transferred from New York Western on 2/18/2022.] |
| Filing 5 NOTICE of Appearance by Katherine S. McClung on behalf of All Defendants (McClung, Katherine) [Transferred from New York Western on 2/18/2022.] |
| Filing 4 WAIVER OF SERVICE Returned Executed by Tess Eidem. (Bascoe, Duwaine) [Transferred from New York Western on 2/18/2022.] |
| Filing 3 Summons Issued as to Nicholas Hunt-Bull, Paul Smith's College. (JD) [Transferred from New York Western on 2/18/2022.] |
| Filing 2 CONTINUATION OF EXHIBITS by Tess Eidem. to #1 Complaint Summons to Paul Smith's College filed by Tess Eidem. (Attachments: #1 Summons to Nicholas Hunt-Bull)(Bascoe, Duwaine) [Transferred from New York Western on 2/18/2022.] |
| Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (JD) [Transferred from New York Western on 2/18/2022.] |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) [Transferred from New York Western on 2/18/2022.] |
| 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. (JD) [Transferred from New York Western on 2/18/2022.] |
| Filing 1 COMPLAINT against Nicholas Hunt-Bull, Paul Smith's College $ 402 receipt number 0209-4128325, filed by Tess Eidem. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Bascoe, Duwaine) [Transferred from New York Western on 2/18/2022.] |
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