Underwood v. Roswell Park Cancer Institute,et al
Willie Underwood, III |
Roswell Park Cancer Institute, Health Research, Inc.(, James Mohler and Does 1-50, inclusive |
1:2015cv00684 |
July 28, 2015 |
US District Court for the Western District of New York |
Buffalo Office |
Erie |
Frank P Geraci |
H Kenneth Schroeder |
Civil Rights: Jobs |
28 U.S.C. § 451 Employment Discrimination |
Both |
Docket Report
This docket was last retrieved on July 5, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 83 ORDER granting the Stipulation of Dismissal. Signed by Hon. Frank P. Geraci, Jr. on 7/3/2018. (KM) |
Filing 82 STIPULATION of Dismissal by Roswell Park Cancer Institute. (Donathen, James) |
Filing 81 TEXT ORDER granting #80 Motion for Extension of Time to Complete Discovery: Fact depositions to be completed by 8/29/2018. Plaintiff's expert disclosure due by 7/30/2018. Defendant's expert disclosure due by 10/29/2018. All discovery completed by 12/13/2018. Dispositive Motions due by 2/28/2019. NO FURTHER EXTENSIONS WILL BE GRANTED. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 5/29/2018. (KER) |
Filing 80 Consent MOTION for Extension of Time to Complete Discovery by Willie Underwood, III.(Willemin, Michael) |
Filing 79 TEXT ORDER re #77 Consent MOTION for Extension of Time to Complete Discovery filed by Willie Underwood, III. The Consent Motion is GRANTED. The Case Management Order is amended as follows. Fact discovery complete by 6/30/2018. Expert Discovery complete by 10/14/2018. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 4/30/2018. (HKG) |
Filing 78 Letter filed by Willie Underwood, III as to James Mohler, Roswell Park Cancer Institute, Does 1-50, inclusive re Clarification of Motion for Extension of Time to Complete Discovery (Dkt. No. 77). (Willemin, Michael) |
Filing 77 Consent MOTION for Extension of Time to Complete Discovery by Willie Underwood, III.(Willemin, Michael) |
Filing 76 TEXT ORDER: The [75-1] Clawback Order is SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 2/26/2018. (KER) |
Filing 75 Joint MOTION Entry of Clawback Order by all parties by Roswell Park Cancer Institute. (Attachments: #1 Exhibit A (Proposed Clawback Order))(Donathen, James) |
Filing 74 TEXT ORDER granting #73 Motion to Withdraw as Attorney. Attorney Kenneth D. Sommer terminated. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 1/16/2018. (HKG)-CLERK TO FOLLOW UP- |
Filing 73 MOTION to Withdraw as Attorney Kenneth D. Sommer by Willie Underwood, III.(Willemin, Michael) |
Filing 72 TEXT ORDER: The #71 Confidentiality Stipulation is SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 10/23/2017. (KER) |
Filing 71 STIPULATION Confidentiality Stipulation and Order by Roswell Park Cancer Institute. (Donathen, James) |
Filing 70 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.) Plaintiff Expert Witness ID due by 5/31/2018; Defendant Expert Witness ID due by 7/31/2018; Discovery completed by 9/14/2018; Dispositive Motions due by 11/30/2018. Signed by Hon. H. Kenneth Schroeder Jr. on 10/2/2017. (LMG) |
Filing 69 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder Jr.: Preliminary Pretrial Conference held on 10/2/2017.Court discussed discovery issues at length with counsel and established dates for the issuance of a Case Management Order. Appearances: Michael Willemin and Jeanne-Marie Christensen by telephone on behalf of plaintiff; James Donathen, Joanna Jung-Yao Chen and Laura Linneball on behalf of defendant Roswell Park Cancer Institute; Terrence Connors on behalf of defendant James Mohler, M.D. (LMG) |
Filing 68 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A (Plaintiff's Proposed Case Management Plan and Scheduling Order), #2 Exhibit B (Plaintiff's Proposed Confidentiality Stipulation and Protective Order), #3 Exhibit C (Defendants' Proposed Case Management Plan and Scheduling Order), #4 Exhibit D (Defendants' Proposed Confidentiality Stipulation and Protective Order))(Willemin, Michael) |
Filing 67 DISCOVERY PLAN by James Mohler, Roswell Park Cancer Institute.(Chen, Joanna) |
Filing 66 TEXT ORDER granting #65 Motion to appear by telephone. Counsel shall provide the Court with the telephone number at which he can be reached. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 9/25/2017. (KER) |
Filing 65 MOTION For Permission to Appear for Rule 16(b) Conference Telephonically by Willie Underwood, III.(Willemin, Michael) |
Filing 64 TEXT ORDER granting #63 Motion: Scheduling Conference set for 10/2/2017 at 11:00 am. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 9/19/2017. (KER) |
Filing 63 Joint MOTION The Court schedule an initial pre-trial conference by Roswell Park Cancer Institute.(Donathen, James) |
Filing 62 ORDER regarding issuance of Case Management Order. Signed by Hon. H. Kenneth Schroeder Jr. on 8/31/17. (Attachments: #1 Case Management Order Form, #2 Consent Memorandum, #3 Consent Form)(LMG) |
Filing 61 NOTICE of Appearance by William J Brennan on behalf of Roswell Park Cancer Institute (Brennan, William) |
Filing 60 Mediation Certification by Douglas S. Coppola(Coppola, Douglas) |
Filing 59 Answer to Second Amended Complaint ANSWER to #53 Amended Complaint, by Roswell Park Cancer Institute.(Donathen, James) |
Filing 58 Answer to Second Amended Complaint ANSWER to #53 Amended Complaint, by James Mohler.(Connors, Terrence) |
Filing 57 TEXT ORDER re #55 Stipulation filed by Roswell Park Cancer Institute. The stipulation is SO ORDERED. The time to answer or otherwise move against the complaint is extended for 4 weeks, up to and including 6/14/2017. Issued by Hon. H. Kenneth Schroeder Jr. on 5/17/2017. (HKG) |
Filing 56 Mediation Certification by Douglas S. Coppola(Coppola, Douglas) |
Filing 55 STIPULATION re #53 Amended Complaint, to extend time to answer by Roswell Park Cancer Institute. (Donathen, James) |
Filing 54 NOTICE of Appearance by Kenneth D. Sommer on behalf of Willie Underwood, III (Sommer, Kenneth) |
Filing 53 AMENDED COMPLAINT against James Mohler, Roswell Park Cancer Institute, filed by Willie Underwood, III. (Attachments: #1 Exhibit A (2008 Contract), #2 Exhibit B (2011 Contract), #3 Exhibit C (2012 Contract))(Christensen, Jeanne-Marie) |
Filing 52 TEXT ORDER REFERRING CASE to Hon. H. Kenneth Schroeder Jr., United States Magistrate Judge, for all pretrial matters excluding dispositive motions. The parties are encouraged to consider consenting to jurisdiction by the Magistrate Judge pursuant to 28 U.S.C. 636(c). Consent forms are available from the chambers of the Magistrate Judge or the office of the Clerk of Court. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 05/03/2017. (ZS) |
Filing 51 DECISION AND ORDER: Plaintiff's motion for leave to amend #39 is GRANTED; Plaintiff's motion for reconsideration #39 is DENIED AS MOOT. Plaintiff shall file his Second Amended Complaint on or before May 5, 2017. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 05/02/2017. (ZS) |
Filing 50 REPLY/RESPONSE to re #39 MOTION for Leave to File Second Amended Complaint MOTION for Reconsideration re #26 Order on Motion to Dismiss for Failure to State a Claim,,, filed by Willie Underwood, III. (Attachments: #1 Affidavit (Declaration of Willie Underwood, III, M.D.))(Christensen, Jeanne-Marie) |
Filing 49 TEXT ORDER GRANTING Plaintiff's unopposed letter request for an extension of time to and including April 20, 2017 to file reply papers re #39 . SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 04/13/2017. (ZS) |
Filing 48 TEXT ORDER GRANTING Plaintiff's unopposed letter request for an extension of time to and including April 17, 2017 to file reply papers re #39 . SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 04/04/2017. (ZS) |
Filing 47 RESPONSE in Opposition re #39 MOTION for Leave to File Second Amended Complaint MOTION for Reconsideration re #26 Order on Motion to Dismiss for Failure to State a Claim,,, filed by James Mohler. (Attachments: #1 Memorandum in Support)(Connors, Terrence) |
Filing 46 MEMORANDUM in Opposition re #39 MOTION for Leave to File Second Amended Complaint MOTION for Reconsideration re #26 Order on Motion to Dismiss for Failure to State a Claim,,, filed by Roswell Park Cancer Institute. (Donathen, James) |
Filing 45 AFFIDAVIT Affirmation of James D. Donathen, Esq. in Opposition re #39 MOTION for Leave to File Second Amended Complaint MOTION for Reconsideration re #26 Order on Motion to Dismiss for Failure to State a Claim,,, filed by Roswell Park Cancer Institute. (Attachments: #1 Exhibit A (email and Contracts))(Donathen, James) |
Filing 44 TEXT ORDER granting defense counsel's request for an extension of time to file their response re #39 MOTION for Leave to File Second Amended Complaint MOTION for Reconsideration re #26 Order on Motion to Dismiss for Failure to State a Claim filed by Willie Underwood, III. Defendant's responses are now due by 3/31/2017 with plaintiff's replies due by 4/7/2017. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/9/2017. (MC) |
ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM) |
Filing 43 ANSWER to #10 Amended Complaint by James Mohler.(Connors, Terrence) |
Filing 42 ANSWER to #10 Amended Complaint by Roswell Park Cancer Institute.(Chen, Joanna) |
Filing 41 DECLARATION signed by Jeanne M. Christensen re #39 MOTION for Leave to File Second Amended Complaint MOTION for Reconsideration re #26 Order on Motion to Dismiss for Failure to State a Claim,,, filed by Willie Underwood, III filed by Willie Underwood, III. (Attachments: #1 Exhibit 1 ([Proposed] Second Amended Complaint), #2 Exhibit 2 (Redlined Second Amended Complaint)(Christensen, Jeanne-Marie) |
Filing 40 MEMORANDUM in Support re #39 MOTION for Leave to File Second Amended Complaint MOTION for Reconsideration re #26 Order on Motion to Dismiss for Failure to State a Claim,,, filed by Willie Underwood, III. (Christensen, Jeanne-Marie) |
Filing 39 MOTION for Leave to File Second Amended Complaint, MOTION for Reconsideration re #26 Order on Motion to Dismiss for Failure to State a Claim,,, by Willie Underwood, III.(Christensen, Jeanne-Marie) |
Filing 38 STIPULATION (Proposed) to extend time regarding an initial mediation session by Roswell Park Cancer Institute. (Donathen, James) Modified on 2/24/2017 (KLH). |
Filing 37 Stipulation-Selection of Mediator by Roswell Park Cancer Institute. (Donathen, James) |
Filing 36 ORDER re #33 Stipulation filed by Roswell Park Cancer Institute. Signed by Hon. Frank P. Geraci, Jr. on 2/13/2017. (KLH) |
Filing 35 NOTICE of Appearance by Michael John Willemin on behalf of Willie Underwood, III (Willemin, Michael) |
Filing 34 NOTICE of Appearance by Jeanne-Marie Christensen on behalf of Willie Underwood, III (Christensen, Jeanne-Marie) |
Filing 33 STIPULATION by Roswell Park Cancer Institute. (Donathen, James) |
Filing 32 TEXT ORDER REFERRING CASE TO MEDIATION: This case has been referred to the Court's Alternative Dispute Resolution ("ADR") program. The ADR Plan and related forms and information are available on the Court's public website and from the Court Clerk's Office. By 2/17/17, the parties shall confer and select a mediator, confirm the mediator's availability, ensure that the mediator does not have a conflict with any of the parties in the case, identify a date and time for the initial mediation session, and file a stipulation with the Clerk of Court confirming their selection on the form provided by the Court. If the parties fail to so stipulate, the Court shall appoint an ADR neutral. The initial mediation session shall be held no later than 3/17/17. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/3/17. (SCE) |
Filing 31 Minute Entry for proceedings held before Hon. Frank P. Geraci, Jr.: Status Conference held on 1/31/2017. Plaintiff counsel appears by telephone. Parties in agreement to referring matter to mediation. Plaintiff counsel notifies the Court of their intention to file a motion to reconsider and motion to permit filing of a second amended complaint. Appearances: Paul Boylen, counsel for plaintiff; James Donathen, Terrence Connors, Joanna Jung-Yao Chen, counsel for defendant. (Court Reporter CM.) (MC) |
Filing 28 TEXT ORDER: based on the parties' stipulation #27 , Defendants' time to answer the Amended Complaint is extended to February 13, 2017. The parties are still directed to appear at the status conference scheduled for 1/31/2017 at 03:30 PM. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 01/30/2017. (ZS) |
Filing 30 ORDER granting substitution of attorney. Signed by Hon. Frank P. Geraci, Jr. on 1/26/2017. (KM) |
Filing 29 ORDER granting re #27 Stipulation filed by Roswell Park Cancer Institute. Signed by Hon. Frank P. Geraci, Jr. on 1/26/2017. (KM) |
Filing 27 STIPULATION extending time to answer with respect to Amended Complaint by Roswell Park Cancer Institute. (Chen, Joanna) |
NOTICE OF HEARING: Status Conference is set for 1/31/2017 03:30 PM before Hon. Frank P. Geraci, Jr., to be held in the BUFFALO COURTHOUSE. (MC) |
Filing 26 DECISION AND ORDER: the motions to dismiss filed by Dr. Mohler #15 and Roswell Park #16 are GRANTED IN PART AND DENIED IN PART. The Clerk of Court is directed to terminate Does 1-50 from this case. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 01/13/2017. (ZS)-CLERK TO FOLLOW UP- |
Filing 25 REPLY/RESPONSE to re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by James Mohler. (Connors, Terrence) |
Filing 24 REPLY/RESPONSE to re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Roswell Park Cancer Institute. (Chen, Joanna) |
Filing 23 RESPONSE in Opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Willie Underwood, III. (Boylan, Paul) |
Filing 22 RESPONSE in Opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Willie Underwood, III. (Boylan, Paul) |
Filing 21 TEXT ORDER GRANTING Plaintiff's unopposed request for an extension of time to respond to the pending Motions to Dismiss. Plaintiff's response is now due by 3/18/16, and Defendant's reply is due by 4/18/16. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/14/16. (SCE) |
Filing 20 TEXT ORDER granting plaintiff counsel's request to exceed the 25 page limit, by no more than 7 pages, in their response re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by James Mohler. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/8/2016. (MC) |
Filing 19 ORDER granting extension of time re #18 Stipulation for filed by Willie Underwood, III. Signed by Hon. Frank P. Geraci, Jr. on 2/3/2015. (KM) |
Filing 18 STIPULATION AND ORDER GRANTING EXTENSION by Willie Underwood, III. (Boylan, Paul) |
Filing 17 TEXT ORDER re: #15 Motion to Dismiss for Failure to State a Claim filed by James Mohler and #16 Motion to Dismiss for Failure to State a Claim filed by Roswell Park Cancer Institute. Responses are due by 2/12/2016. Replies are due eight (8) business days after the filing of responses. The Court will not hold oral argument but will decide the motion based on the papers submitted. IT IS SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/12/2016. (MC) |
Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Roswell Park Cancer Institute. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Donathen, James) |
Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by James Mohler. (Attachments: #1 Memorandum in Support)(Connors, Terrence) |
Filing 14 STIPULATION AND ORDER granting Defendants' request for an extension of time to answer #10 Amended Complaint. Defendants are hereby granted an extension of time to on or before 01/08/2016 to answer, move, or otherwise respond to Plaintiff's Amended Complaint. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/01/2015. (ST) |
Filing 13 TEXT ORDER: On 10/29/15, Defendants James Mohler and Roswell Park Cancer Institute each filed a Motion to Dismiss the Complaint under Fed. R. Civ. P. 12(b) in lieu of filing an answer. Subsequent to the filing of that motion, Plaintiff filed an Amended Complaint, which is permitted under Fed. R. Civ. P. 15(a). It is well established that an amended complaint ordinarily supersedes the original, and renders it of no legal effect. Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994)(citation omitted). Because the original Complaint is no longer operative, Defendants Motions to Dismiss the original Complaint (ECF Nos. #7 , #8 ) are DENIED AS MOOT. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/1/15. (SCE) |
Filing 12 STIPULATION to extend the time for Defendants to answer, move, or otherwise respond to the Amended Complaint by James Mohler. (Connors, Terrence) |
Filing 11 Proposed Pretrial Order Consent Order Substituting Counsel by Willie Underwood, III. (Boylan, Paul) |
Filing 10 AMENDED COMPLAINT against All Defendants, filed by Willie Underwood, III.(Boylan, Paul) |
Filing 9 TEXT ORDER re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Roswell Park Cancer Institute, #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by James Mohler. On October 29, 2015, defendants filed a Motion to Dismiss the Complaint. Responses are due no later than 12/4/2015. Replies may be filed eight (8) business days after the filing of responses. The Court will not hold oral argument but will decide the motion based on the papers submitted. IT IS SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 11/4/2015. (MC) |
Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Roswell Park Cancer Institute. (Attachments: #1 Memorandum in Support, #2 Declaration of James D. Donathen, Esq., #3 Exhibit A to Donathen Declaration, #4 Exhibit B to Donathen Declaration, #5 Exhibit C to Donathen Declaration)(Donathen, James) |
Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by James Mohler. (Attachments: #1 Memorandum in Support)(Connors, Terrence) |
Filing 6 ORDER granting defendants' an extension of time to answer. Signed by Hon. Frank P. Geraci, Jr. on 10/13/2015. (KM) |
Filing 5 STIPULATION re #1 Complaint to extend time to answer by Roswell Park Cancer Institute. (Donathen, James) |
Filing 4 NOTICE of Appearance by Joanna Jung-Yao Chen on behalf of Roswell Park Cancer Institute (Chen, Joanna) |
Filing 3 WAIVER OF SERVICE Returned Executed by Roswell Park Cancer Institute. Roswell Park Cancer Institute waiver sent on 7/31/2015, answer due 9/29/2015. (Donathen, James) |
Filing 2 NOTICE of Appearance by James D. Donathen on behalf of Roswell Park Cancer Institute (Donathen, James) |
Case Assigned to Hon. Frank P. Geraci, Jr.. (KM) |
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. Notification to chambers of on-line civil opening. (KM) |
AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(KM) |
Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0209-2327032.), filed by Willie Underwood, III. (Attachments: #1 Civil Cover Sheet)(Creighton, Catherine) |
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