Thorne v. Merrimack College
| Braulio Thorne |
| Merrimack College |
| 1:2023cv00863 |
| February 1, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Robert W Lehrburger |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 13
ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 5.B of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/24/23) (yv)
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| Filing 12 NOTICE of Settlement With Prejudice. Document filed by Braulio Thorne..(LaBollita, Michael) |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time to Answer re #10 FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint, up to and including April 19, 2023 addressed to Magistrate Judge Robert W. Lehrburger from John W. Egan dated March 9, 2023. Granted. SO ORDERED. (Merrimack College answer due 4/19/2023.) (Signed by Magistrate Judge Robert W. Lehrburger on 3/10/23) (yv)
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| Filing 10 FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint, up to and including April 19, 2023 addressed to Magistrate Judge Robert W. Lehrburger from John W. Egan dated March 9, 2023. Document filed by Merrimack College..(Egan, John) |
| Filing 9 NOTICE OF APPEARANCE by John William Egan on behalf of Merrimack College..(Egan, John) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. Merrimack College served on 2/27/2023, answer due 3/20/2023. Service was accepted by Candace Proulx, Clerk. Document filed by Braulio Thorne..(LaBollita, Michael) |
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Filing 7
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/3/23) (yv)
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Filing 6
ORDER. It is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties so consent, counsel shall file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754. If the parties do so, and the Court so orders the form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/3/23) (yv)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Merrimack College..(pc) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Case Designated ECF. (pc) |
| Filing 4 NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Braulio Thorne..(Gottlieb, Jeffrey) |
| Filing 3 CIVIL COVER SHEET filed..(LaBollita, Michael) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Merrimack College, re: #1 Complaint. Document filed by Braulio Thorne..(LaBollita, Michael) |
| Filing 1 COMPLAINT against Merrimack College. (Filing Fee $ 402.00, Receipt Number ANYSDC-27283835)Document filed by Braulio Thorne..(LaBollita, Michael) |
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| Plaintiff: Braulio Thorne | |
| Represented By: | Michael A. LaBollita |
| Represented By: | Jeffrey Michael Gottlieb |
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| Defendant: Merrimack College | |
| Represented By: | John William Egan |
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