Shiner v. State University of New York, University at Buffalo et al
Plaintiff: Lesley Shiner
Defendant: State University of New York, University at Buffalo and Dr. Jude A. Fabiano
Case Number: 1:2011cv01024
Filed: December 1, 2011
Court: US District Court for the Western District of New York
Office: Buffalo Office
County: Erie
Presiding Judge: Richard J Arcara
Referring Judge: H Kenneth Schroeder
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 2, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2013 Opinion or Order Minute Entry for proceedings held 8/2/2013 before Hon. Richard J. Arcara. Status Conference is held regarding the proposed settlement. The Court raises a concern about subjecting this Court's Order to settlement approval by a state agency. Discussion is held between the Court and counsel regarding the settlement. The Court signs and So Orders the Stipulation of Settlement with Release. Appearances: Pltf - Lindy Korn; Deft (SUNY at Buffalo) - George Zimmerman; Deft (Fabiano) - Michael Brady (Court Reporter Megan Pelka.) (DJD)
August 2, 2013 Opinion or Order Filing 37 STIPULATION AND ORDER OF SETTLEMENT WITH RELEASE. Signed by Hon. Richard J. Arcara on 8/2/13. (DZ)
August 1, 2013 Opinion or Order NOTICE OF SCHEDULING. The time of the 8/2/2013 Status Conference is changed by the Court to 3:30 PM before Hon. Richard J. Arcara. (DJD)
July 22, 2013 Opinion or Order Filing 36 TEXT ORDER. A Status Conference regarding the proposed settlement agreement is scheduled for 8/2/2013 at 10:00 AM before Hon. Richard J. Arcara. Issued by Hon. Richard J. Arcara on July 22, 2013. (DJD)
July 1, 2013 Opinion or Order Filing 35 Mediation Certification by Krista Gottlieb(Gottlieb, Krista)
February 4, 2013 Opinion or Order Filing 34 STIPULATED PROTECTIVE ORDER. Signed by Hon. H. Kenneth Schroeder, Jr. on 2/4/13. (LMG)
December 3, 2012 Opinion or Order Filing 33 ANSWER to #9 Amended Complaint by State University of New York, University at Buffalo.(Zimmermann, George)
November 21, 2012 Opinion or Order Filing 32 Stipulation-Selection of Mediator by Jude A. Fabiano(Brady, Michael)
November 20, 2012 Opinion or Order Filing 31 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.) Stipulation of Selection of Mediator due by 12/21/2012; First Mediation Session due by 2/15/2013; Motions to Join Parties/Amend Pleadings due by 11/30/2013; Plaintiff Expert Witness ID due by 12/31/2013; Defendant Expert Witness ID due by 2/14/2014; Discovery completed by 4/25/2014; Dispositive Motions due by 6/2/2014; Mediation To End by 6/2/2014. Signed by Hon. H. Kenneth Schroeder, Jr. on 11/20/12. (LMG)
November 6, 2012 Opinion or Order Filing 30 ORDER regarding issuance of Case Management Order. Signed by Hon. H. Kenneth Schroeder, Jr. on 11/6/12. (Attachments: #1 Case Management Order Form, #2 Consent Memorandum, #3 Consent Form)(LMG)
November 6, 2012 Opinion or Order Filing 29 TEXT ORDER Re-REFERRING CASE to Magistrate Judge Hon. H. Kenneth Schroeder, Jr The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED.. Signed by Hon. Richard J. Arcara on 11/6/2012. (JMB)
November 5, 2012 Opinion or Order Filing 28 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER, ORDER OF RECUSAL.Due to conflict, Hon. Hugh B. Scott recused. Court Clerk to reassign referral. CLERK TO FOLLOW UP.So Ordered. Signed by Hon. Hugh B. Scott on 11/5/2012. (DRH)
November 2, 2012 Opinion or Order Filing 27 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Hugh B. Scott The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED.. Signed by Hon. Richard J. Arcara on 11/2/2012. (JMB)
November 2, 2012 Opinion or Order Filing 26 DECISION AND ORDER denying #6 #10 Defendant State University's Motions to Dismiss for Failure to State a Claim. Case is referred to Magistrate Judge Hugh B. Scott for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 11/2/2012. (JMB)
July 23, 2012 Opinion or Order Filing 25 REPLY/RESPONSE to re #10 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #23 Response in Opposition to Motion filed by State University of New York, University at Buffalo. (Zimmermann, George)
July 9, 2012 Opinion or Order Filing 24 ADR Plan electronically forwarded to attorneys.(DZ)
July 9, 2012 Opinion or Order Filing 23 RESPONSE in Opposition re #10 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lesley Shiner. (Attachments: #1 Certificate of Service)(Korn, Lindy)
July 6, 2012 Opinion or Order Filing 22 ANSWER to #9 Amended Complaint by Jude A. Fabiano. (Attachments: #1 Certificate of Service)(Brady, Michael)
June 26, 2012 Opinion or Order Filing 21 TEXT ORDER: The Stipulation Extending Time to Answer #19 of the defendant, Jude A. Fabiano, is approved. The response of defendant Fabiano to the Amended Complaint shall be due July 9, 2012. Issued by Hon. Richard J. Arcara on June 26, 2012. (WJG)
June 26, 2012 Opinion or Order Filing 20 CERTIFICATE OF SERVICE by Jude A. Fabiano re #19 Stipulation Extending Time to Answer (Brady, Michael)
June 26, 2012 Opinion or Order Filing 19 STIPULATION Extending Time to Answer by Jude A. Fabiano. (Brady, Michael)
June 25, 2012 Opinion or Order Filing 18 TEXT ORDER: the Stipulation of Consent to Change Attorneys #16 is approved. Issued by Hon. Richard J. Arcara on June 25, 2012. (WJG)
June 22, 2012 Opinion or Order Filing 17 NOTICE of Appearance by Michael A. Brady on behalf of Jude A. Fabiano (Attachments: #1 Certificate of Service)(Brady, Michael)
June 22, 2012 Opinion or Order Filing 16 STIPULATION of Consent to Change Attorney by Jude A. Fabiano. (Attachments: #1 Certificate of Service)(Brady, Michael)
June 11, 2012 Opinion or Order Filing 15 TEXT ORDER: the Stipulation #14 extending the time of plaintiff Lesley Shiner to respond to the motion to dismiss of the defendant State University of New York is approved. Plaintiff shall respond to defendant's Motion to Dismiss by July 9, 2012. Defendant shall reply by July 23, 2012. If the defendant concludes that no reply is necessary, it shall file a notice of no reply. Oral argument will be at the discretion of the Court. Issued by Hon. Richard J. Arcara on June 11, 2012. (WJG)
June 8, 2012 Opinion or Order Filing 14 STIPULATION re #10 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Stipulation to Extend Time to Answer by Lesley Shiner. (Attachments: #1 Certificate of Service)(Korn, Lindy)
May 29, 2012 Opinion or Order Filing 13 TEXT ORDER: the consent Motion for Extension of Time to File Response #12 is granted. The response of Jude A. Fabiano to the Complaint shall be due June 22, 2012. Issued by Hon. Richard J. Arcara on May 29, 2012. (WJG)
May 25, 2012 Opinion or Order Filing 12 MOTION for Extension of Time to File Response/Reply by Jude A. Fabiano. (Attachments: #1 Supplement Notice of Appearance, #2 Certificate of Service)(Spitler, Kevin)
May 25, 2012 Opinion or Order Filing 11 TEXT ORDER: Plaintiff shall respond to Defendant State University of New York's Motion to Dismiss by June 15, 2012. Defendant may reply by June 29, 2012. Oral argument will be at the discretion of the Court. Issued by Hon. Richard J. Arcara on May 25, 2012. (MLM)
May 24, 2012 Opinion or Order Filing 10 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by State University of New York, University at Buffalo. (Attachments: #1 Memorandum in Support)(Zimmermann, George)
May 14, 2012 Opinion or Order Filing 9 AMENDED COMPLAINT against All Defendants, filed by Lesley Shiner. (Attachments: #1 Stipulation, #2 Certificate of Service)(Korn, Lindy)
April 11, 2012 Opinion or Order Text Order: Stipulation of Extension of Time to Respond to Complaint and Motion to Dismiss is granted. Defendant Jude A. Fabiano shall answer or otherwise respond to Plaintiff's complaint on or before 5/4/2012. Plaintiff shall respond to Defendant State University of New York's Motion to Dismiss by 5/4/2012. Defendant State University of New York may reply by 5/11/2012. Issued by Hon. Richard J. Arcara on 4/11/2012. (MLM)
April 6, 2012 Opinion or Order Filing 8 STIPULATION re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #5 Summons Returned Executed by State University of New York, University at Buffalo. (Zimmermann, George)
April 3, 2012 Opinion or Order Filing 7 TEXT ORDER: Plaintiff shall respond to Defendant State University of New York's Motion to Dismiss by April 17, 2012. Defendant may reply by April 24, 2012. Oral argument will be at the discretion of the Court. Signed by Hon. Richard J. Arcara on April 3, 2012. (MLM)
April 2, 2012 Opinion or Order Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by State University of New York, University at Buffalo. (Attachments: #1 Memorandum in Support)(Zimmermann, George)
February 22, 2012 Opinion or Order E-Filing Notification: #4 SUMMONS Returned Executed ; #5 SUMMONS Returned Executed by Lesley Shiner. Text Modified to indicate service on 2/14/12, answer due 3/6/12. (DZ)
February 22, 2012 Opinion or Order Filing 5 SUMMONS Returned Executed by Lesley Shiner. Jude A. Fabiano served on 2/14/2012, answer due 3/6/2012. (Korn, Lindy)Text modified on 2/23/2012 (DZ).
February 22, 2012 Opinion or Order Filing 4 SUMMONS Returned Executed by Lesley Shiner. State University of New York, University at Buffalo served on 2/14/2012, answer due 3/6/2012. (Korn, Lindy) Text modified on 2/23/2012 (DZ).
February 9, 2012 Opinion or Order Summons Reissued as to Jude A. Fabiano, State University of New York, University at Buffalo. (DZ)
December 1, 2011 Opinion or Order Filing 3 AUTOMATIC REFERRAL to Mediation ; ADR Plan electronically forwarded to plaintiff's attorney.(DZ)
December 1, 2011 Opinion or Order Filing 2 NOTICE, CONSENT, AND REFERENCE of a civil action to a Magistrate Judge (forms attached) (DZ)
December 1, 2011 Opinion or Order Filing 1 COMPLAINT against Jude A. Fabiano, State University of New York, University at Buffalo, filed by Lesley Shiner.(DZ)
December 1, 2011 Opinion or Order Summons Issued as to Jude A. Fabiano, State University of New York, University at Buffalo. (DZ)

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Plaintiff: Lesley Shiner
Represented By: Lindy Korn
Represented By: Richard Joseph Perry, Jr.
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Defendant: State University of New York, University at Buffalo
Represented By: George Michael Zimmermann
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Defendant: Dr. Jude A. Fabiano
Represented By: Michael A. Brady
Represented By: Kevin W. Spitler
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