Carter v. Fresenius Kabi USA, LLC et al
| Lee R. Carter |
| Terri Ashberry, Andrew Smith, United States Equal Employment Opportunity Commission, John Brotka and Fresenius Kabi USA, LLC |
| 1:2019cv01183 |
| September 4, 2019 |
| US District Court for the Western District of New York |
| Hugh B Scott |
| Lawrence J Vilardo |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on June 7, 2022. A more recent docket listing may be available from PACER.
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Filing 18
TEXT ORDER RE: #7 MOTION to Dismiss filed by Terri Ashberry, Fresenius Kabi USA, LLC, John Brotka, Andrew Smith; and #16 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by United States Equal Employment Opportunity Commission.Plaintiff will file any responding papers on or before 10/31/2019. Defendants will file any reply papers for their respective motions on or before 11/20/2019. The Court will deem both motions submitted on papers after 11/20/2019 per Fed. R. Civ. P. 78(b).SO ORDERED. Issued by Hon. Hugh B. Scott on 9/20/2019. (GAI)(Copy of this Text Order mailed by first-class mail to:Lee R. Carter1046 Garden AvenueNiagara Falls, NY 14305.)
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Filing 17
TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Hugh B. Scott, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 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. 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. 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. Issued by Hon. Lawrence J. Vilardo on 9/20/2019. (Chambers mailed a copy of text referral order to pro se plaintiff, Lee R. Carter). (CMD)
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Filing 16
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by United States Equal Employment Opportunity Commission. (Attachments: #1 Memorandum in Support, #2 Certificate of Service)(Dickinson, Lynn)
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Filing 15
CERTIFICATE OF SERVICE by Terri Ashberry, John Brotka, Fresenius Kabi USA, LLC, Andrew Smith re #10 Affidavit, #7 MOTION to Dismiss , #14 Affidavit, #11 Affidavit, #9 Affidavit, #8 Memorandum in Support, #13 Affidavit, #12 Affidavit (Heary, Robert)
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Filing 14
AFFIDAVIT re #7 MOTION to Dismiss Theresa Ashbery by Terri Ashberry, John Brotka, Fresenius Kabi USA, LLC, Andrew Smith. (Heary, Robert)
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Filing 13
AFFIDAVIT re #7 MOTION to Dismiss Jonathan Brotka by Terri Ashberry, John Brotka, Fresenius Kabi USA, LLC, Andrew Smith. (Heary, Robert)
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Filing 12
AFFIDAVIT re #7 MOTION to Dismiss Andrew Smith by Terri Ashberry, John Brotka, Fresenius Kabi USA, LLC, Andrew Smith. (Heary, Robert)
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Filing 11
AFFIDAVIT re #7 MOTION to Dismiss Rebecca Letourneaux by Terri Ashberry, John Brotka, Fresenius Kabi USA, LLC, Andrew Smith. (Heary, Robert)
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Filing 10
AFFIDAVIT re #7 MOTION to Dismiss Gina Bennett by Terri Ashberry, John Brotka, Fresenius Kabi USA, LLC, Andrew Smith. (Heary, Robert)
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Filing 9
AFFIDAVIT re #7 MOTION to Dismiss Robert P. Heary, Esq. by Terri Ashberry, John Brotka, Fresenius Kabi USA, LLC, Andrew Smith. (Heary, Robert)
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Filing 8
MEMORANDUM IN SUPPORT re #7 MOTION to Dismiss byTerri Ashberry, John Brotka, Fresenius Kabi USA, LLC, Andrew Smith. (Heary, Robert)
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Filing 7
MOTION to Dismiss by Terri Ashberry, John Brotka, Fresenius Kabi USA, LLC, Andrew Smith.(Heary, Robert)
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Filing 6
CONTINUATION OF EXHIBITS by Terri Ashberry, John Brotka, Fresenius Kabi USA, LLC, Andrew Smith. Civil Cover Sheet filed by Terri Ashberry, John Brotka, Fresenius Kabi USA, LLC, Andrew Smith. (Kwiatkowski, Arianna)
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Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (SG)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG)
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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. (SG)
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Filing 5
NOTICE of Appearance by Arianna Elise Kwiatkowski on behalf of Terri Ashberry, John Brotka, Fresenius Kabi USA, LLC, Andrew Smith (Kwiatkowski, Arianna)
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E-Filing Notification: Attorney is directed to file a Civil Cover Sheet using the Continuation of Exhibits event, found under Responses and Replies. (SG)
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Filing 4
CERTIFICATE OF SERVICE by Fresenius Kabi USA, LLC re #2 Corporate Disclosure Statement (Heary, Robert)
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Filing 3
CERTIFICATE OF SERVICE by Fresenius Kabi USA, LLC re #1 Notice of Removal, (Heary, Robert)
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Filing 2
Corporate Disclosure Statement by Fresenius Kabi USA, LLC identifying Corporate Parent Fresenius SE & Co. KGaA for Fresenius Kabi USA, LLC.. (Heary, Robert)
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Filing 1
NOTICE OF REMOVAL by Fresenius Kabi USA, LLC, Terri Ashberry, John Brotka, Andrew Smith from NYS Supreme Court, Erie County, case number 819583/2018. (Filing fee $ 400 receipt number 0209-3575347), filed by Fresenius Kabi USA, LLC, Terri Ashberry, John Brotka, Andrew Smith.(Heary, Robert)
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