Zhou v. Roswell Park Cancer Institute Corporation et al
| JANE ZHOU |
| DR. CANDACE JOHNSON, DR. CHARLES LEVEA, ROSWELL PARK CANCER INSTITUTE CORPORATION, DR. MIHAI MERZIANU and DR. GISSOU AZABDAFTARI |
| 1:2019cv01200 |
| September 6, 2019 |
| US District Court for the Western District of New York |
| Marian W Payson |
| Lawrence J Vilardo |
| Elizabeth A Wolford |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 10, 2023. A more recent docket listing may be available from PACER.
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Filing 57
Mediation Certification by Steven V. Modica. The case has not settled mediation complete. (Modica, Steven)
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Filing 56
NOTICE of Withdrawal of Attorney: Christina Akers-DiCenzo no longer appearing for Plaintiff Jane Zhou. CLERK TO FOLLOW UP. (Korn, Lindy)
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Filing 55
NOTICE of Appearance by Kathleen H. McGraw on behalf of All Defendants (McGraw, Kathleen)
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Filing 54
Stipulation-Selection of Mediator by Gissou Azabdaftari, Candace Johnson, Charles Levea, Mihai Merzianu, Roswell Park Cancer Institute Corporation(Hickey, Michael)
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Filing 53
Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Scheduling Conference held on 10/4/2022. Appearances: Lindy Korn, Esq. and Michael E. Hickey, Esq. (CAM)
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Filing 52
SCHEDULING 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.) Telephone Status Conference set for 8/2/2023 at 11:40 AM before Hon. Marian W. Payson. Dial-in instructions will be emailed to counsel prior to the conference. Stipulation of Selection of Mediator due by 11/1/2022. First Mediation Session due by 12/15/2022. End Mediation due by 2/15/2023. Mandatory Disclosures due by 11/18/2022. Motions to Join Parties/Amend Pleadings due by 11/3/2022. Fact Discovery to be completed by 9/15/2023. Motions to Compel Discovery due by 8/16/2023. Plaintiff Expert Witness ID due by 6/2/2023. Defendant Expert Witness ID due by 7/5/2023. Expert Discovery to be completed by 8/16/2023. Dispositive Motions due by 11/15/2023. Signed by Hon. Marian W. Payson on 10/4/2022. (KAH)
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Filing 51
DISCOVERY PLAN by Gissou Azabdaftari, Candace Johnson, Charles Levea, Mihai Merzianu, Roswell Park Cancer Institute Corporation.(Hickey, Michael)
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Filing 50
ANSWER to #45 Amended Complaint by Gissou Azabdaftari, Candace Johnson, Charles Levea, Mihai Merzianu, Roswell Park Cancer Institute Corporation.(Hickey, Michael)
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Filing 49
ORDER (Telephone Scheduling Conference set for 10/4/2022 at 11:00 AM before Hon. Marian W. Payson. Counsel will be provided dial-in instructions by email prior to the conference.) Signed by Hon. Marian W. Payson on 8/30/2022. (KAH)
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Filing 48
STIPULATION AND ORDER extending defendants' time until 9/6/2022 to answer or otherwise respond to Plaintiff's Amended Complaint #45 . (Answer due date updated as to all Defendants.) Signed by Hon. Marian W. Payson on 8/22/2022. (KAH)
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Filing 47
STIPULATION extending time to answer by Gissou Azabdaftari, Candace Johnson, Charles Levea, Mihai Merzianu, Roswell Park Cancer Institute Corporation. (Hickey, Michael)
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Filing 46
DECISION AND ORDER accepting and adopting the Report, Recommendation, and Order, Docket Item #44 . For the reasons stated above and in the RR&O, the plaintiff's motion to amend, Docket Item #33 , is GRANTED in part and DENIED in part. The case is referred back to Judge Payson for further proceedings consistent with the referral orders of March 3, 2020, Docket Item 14, and March 5, 2021, Docket Item 25. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 8/12/2022. (EK)
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Filing 45
AMENDED COMPLAINT against All Defendants, filed by Jane Zhou.(Korn, Lindy)
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Filing 44
REPORT AND RECOMMENDATION It is recommended to the district court that plaintiff's motion to amend #31 be denied in part. Specifically, it is recommended that Judge Vilardo grant Zhou's request to withdraw Claim 14 asserting aiding and abetting liability under NYSHRL Section 296(6) and deny Zhou's motion to amend to add Section 1981 causes of action (Claims 15 and 16) and a NYLL Section 741 cause of action against Johnson (Claim 18). Objections due fourteen days from receipt. Signed by Hon. Marian W. Payson on 7/25/2022. (KAH)
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DECISION AND ORDER (See Docket #44 for Document) Plaintiff's motion to amend #31 is granted in part. Specifically, on the condition that she deletes paragraphs 60 through 62 and the reference to Section 740 in paragraph 217 of the proposed amended complaint, Zhou is permitted to make the amendments authorized herein. To be clear, with those amendments, Zhou may proceed on the following causes of action:1.The Title VII causes of action asserted against Roswell Park (Claims 1 5);2.The ADA causes of action asserted against Roswell Park (Claims 6 7);3.The FMLA cause of action asserted against Roswell Park (Claim 8);4.The NYSHRL causes of action asserted against Roswell Park and Johnson pursuant to Section 296(1) and against Levea, Azabdaftari, and Merzianu pursuant to Section 296(6) (Claims 9 13);5.The Section 1983 cause of action asserted against all defendants (Claim 17);6.The NYLL Section 741 cause of action asserted against Roswell Park (Claim 18); and7.The Equal Pay Act cause of action asserted against Roswell Park (Claim 19). Signed by Hon. Marian W. Payson on 7/25/2022. (KAH)
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Filing 43
NOTICE of Withdrawal of Attorney: Mary Moran no longer appearing for Defendants Gissou Azabdaftari, Candace Johnson, Charles Levea, Mihai Merzianu, Roswell Park Cancer Institute Corporation. CLERK TO FOLLOW UP. (Hickey, Michael)
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Filing 42
REPLY/RESPONSE to re #41 Reply/Response (Defendants' Response to Plaintiff's Post-Oral Argument Submission) filed by Gissou Azabdaftari, Candace Johnson, Charles Levea, Mihai Merzianu, Roswell Park Cancer Institute Corporation. (Hickey, Michael)
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Filing 41
REPLY/RESPONSE to re 40 Motion Hearing, filed by Jane Zhou. (Korn, Lindy)
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Filing 40
Minute Entry for proceedings held before Hon. Marian W. Payson: Motion Hearing held on 3/15/2022 re #31 Second MOTION to Amend/Correct Complaint filed by Jane Zhou. Plaintiff to file submission by 4/1/22. Defendants to file submission by 4/19/22.Appearances: Lindy Korn, Esq. and Michael E. Hickey, Esq.(AT&T Recorded Conference) (CAM)
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E-Filing Notification re #39 MEMORANDUM in Opposition re #37 MOTION to Amend/Correct. Document linked to wrong entry and wrong event used. Clerks Office to modify entry. No action required. (KM)
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NOTICE as to #31 Second MOTION to Amend/Correct Complaint. Telephonic Oral Argument set for 3/15/2022 at 3:00 PM before Hon. Marian W. Payson. Dial-in instructions will be emailed to counsel. (KAH)
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Filing 39
AMENDED SUPPLEMENTAL MEMORANDUM of Law in Support re #31 Second MOTION to Amend/Correct Complaint filed by Jane Zhou. (Miller, Charles) Modified on 2/22/2022 (KM).
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Filing 38
Amended MOTION to Amend/Correct #33 Memorandum in Opposition to Motion Amend Correct Complaint by Jane Zhou.(Miller, Charles)
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E-Filing Notification re #37 MOTION to Amend/Correct. Incorrect event used to electronically file document. For future reference, use (Memorandum of law in Support) event. No action required. Clerk modified title of document. (KM)
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Filing 37
SUPPLEMENTAL MEMORANDUM of Law in Support of 32 MOTION to Amend/Correct Complaint by Jane Zhou.(Miller, Charles) Modified title on 2/14/2022 (KM).
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Filing 36
ORDER granting #35 Motion for Extension of Time to File. Plaintiff shall file her supplemental papers by 2/11/2022. Upon the filing of plaintiff's supplement submission, the Court will review the submission and schedule oral argument at its convenience, if necessary. Signed by Hon. Marian W. Payson on 1/25/2022. (KAH)
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Filing 35
First MOTION for Extension of Time to File supplement motion to amend and MOL by Jane Zhou. (Attachments: #1 Motion to enlarge time to file supplement motion to amend and MOL)(Korn, Lindy)
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Filing 34
ORDER Oral Argument as to plaintiff's motion to amend #31 scheduled for January 11, 2022 is adjourned without date. On or before January 28, 2022, plaintiff shall supplement her motion to amend with a memorandum of law that identifies and describes the basis for the amendments she wishes to make. The memorandum should also address any other issues raised by defendants in their pending opposition papers. Upon the filing of plaintiff's supplemental submission, the Court will review the submission and schedule oral argument at its convenience, if necessary. (See contents of Order for specific directives.) Signed by Hon. Marian W. Payson on 1/11/2022. (KAH)
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Filing 33
MEMORANDUM in Opposition re #31 Second MOTION to Amend/Correct Complaint filed by Gissou Azabdaftari, Candace Johnson, Charles Levea, Mihai Merzianu, Roswell Park Cancer Institute Corporation. (Hickey, Michael)
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Filing 32
ORDER re #31 Second MOTION to Amend/Correct Complaint filed by Jane Zhou. Responses due by 12/8/2021. Telephonic Motion Hearing set for 1/11/2022 02:00 PM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 11/17/21. (CAM)
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Filing 31
Second MOTION to Amend/Correct Complaint by Jane Zhou. (Attachments: #1 Memorandum in Support, #2 Appendix Second Amended Complaint)(Miller, Charles)
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Filing 30
STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO THE COMPLAINT. Signed by Hon. Marian W. Payson on 10/21/2021. (KAH)
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Filing 29
STIPULATION Extending Time for Defendants to Respond to the Complaint by Gissou Azabdaftari, Candace Johnson, Charles Levea, Mihai Merzianu, Roswell Park Cancer Institute Corporation. (Moran, Mary)
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Filing 28
DECISION & ORDER adopting in part the Report and Recommendation, Docket Item #15 . The motion to dismiss, Docket Item #6 , is granted in part. The plaintiff may move to file an amended complaint within 60 days. The case is referred back to Judge Payson for further proceedings consistent with the referral orders of March 3, 2020, Docket Item 14 , and March 5, 2021, Docket Item 25 . Signed by Hon. Lawrence J. Vilardo on 9/21/2021. (MLA)
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Filing 27
AMENDED TEXT ORDER transferring case from Hon. John L. Sinatra, Jr. to Hon. Lawrence J. Vilardo due to a recusal. Signed by Mary C. Loewenguth, Clerk of Court, on 8/20/2021. (LB)
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Filing 26
TEXT ORDER transferring case from Hon. John L. Sinatra, Jr. to Hon. Lawrence J. Vilardo due to a conflict of interest. Signed by Mary C. Loewenguth, Clerk of Court, on 8/20/2021. (LB)
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Filing 25
TEXT ORDER reassigning case referral to Magistrate Judge Hon. Payson in place of Hon. Hugh B. Scott. Signed by Mary C. Loewenguth, Clerk of Court on 3/5/2021.(TF)
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E-Filing Notification: #24 NOTICE by Jane Zhou re #5 Notice of Appearance. Filer should file a motion. (KM)
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Filing 24
NOTICE by Jane Zhou re #5 Notice of Appearance Notice of Withdrawal (Akers-DiCenzo, Christina)
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E-Filing Notification: #23 NOTICE of Withdrawal of Counsel, Clerk did not withdraw attorney because the document does not comply with Local Rule 83.2(c)(1). (JLV)
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Filing 23
NOTICE by Jane Zhou re #5 Notice of Appearance Notice of Withdrawal (Akers-DiCenzo, Christina)
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Filing 22
REPLY to Response to Motion re #15 REPORT AND RECOMMENDATIONS re #6 MOTION to Dismiss filed by Gissou Azabdaftari, Mihai Merzianu, Roswell Park Cancer Institute Corporation, Charles Levea, Candace Johnson Objections due fourteen days from receipt. filed by Jane Zhou. (Miller, Charles)
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Filing 21
ORDER granting #20 Motion for Extension of Time to File Reply in Further Support of Plaintiff's objections to #15 REPORT AND RECOMMENDATIONS. Plaintiff's reply is due by 9/11/2020. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/3/2020. (KEF)
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Filing 20
Second MOTION for Extension of Time to File Response/Reply as to #19 Reply/Response, 17 Text Order,, Set Deadlines/Hearings, by Jane Zhou.(Miller, Charles)
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Filing 19
REPLY/RESPONSE to re #18 Objections -- non-motion, (Defendants' Response to Plaintiff's Objections to the Report and Recommendation) filed by Gissou Azabdaftari, Candace Johnson, Charles Levea, Mihai Merzianu, Roswell Park Cancer Institute Corporation. (Hickey, Michael)
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Filing 18
OBJECTIONS to REPORT AND RECOMMENDATIONS re #6 MOTION to Dismiss filed by Gissou Azabdaftari, Mihai Merzianu, Roswell Park Cancer Institute Corporation, Charles Levea, Candace Johnson Objections due fourteen days from receipt. #15 filed by Plaintiff Jane Zhou.. (Miller, Charles)
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Filing 17
TEXT ORDER granting #16 letter request to extend time to file objections: Plaintiff's objections to the R&R are due by 8/14/2020. Defendants' responses are due by 8/28/2020. Plaintiff's reply is due by 9/4/2020. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/9/2020. (KEF)
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Filing 16
Letter filed by Jane Zhou as to Mihai Merzianu, Charles Levea, Candace Johnson, Roswell Park Cancer Institute Corporation, Gissou Azabdaftari Enlargement of Time. (Korn, Lindy)
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Filing 15
REPORT AND RECOMMENDATIONS RE: #6 MOTION to Dismiss filed by Gissou Azabdaftari, Mihai Merzianu, Roswell Park Cancer Institute Corporation, Charles Levea, Candace Johnson.Objections due per 28 U.S.C. 636(b) and Fed. R. Civ. P. 6, 72.Signed by Hon. Hugh B. Scott on 7/1/2020. (GAI)
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Filing 14
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. John L. Sinatra, Jr. on 3/3/2020.(KLH)
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Filing 13
REPLY/RESPONSE to re #6 MOTION to Dismiss in Further Support filed by Gissou Azabdaftari, Candace Johnson, Charles Levea, Mihai Merzianu, Roswell Park Cancer Institute Corporation. (Hickey, Michael)
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Filing 12
RESPONSE in Opposition re #6 MOTION to Dismiss filed by Jane Zhou. (Attachments: #1 Proposed Amended Complaint)(Korn, Lindy)
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Filing 11
TEXT ORDER REASSIGNING CASE to the Hon. John L. Sinatra, Jr. Signed by Mary C. Loewenguth, Clerk of Court, on January 3, 2020. (JMM)
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Filing 10
TEXT ORDER granting #9 Letter Motion for Extension of Time to Respond to Defendants' Motion to Dismiss. Plaintiff's response to #6 Defendants' Motion to Dismiss must be filed by January 6, 2020. Defendants' reply must be filed by January 28, 2020. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on November 27, 2019. (JT)
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E-Filing Notification regarding #9 Letter: This document contains a request for relief and should be filed as a motion. Clerk corrected entry. NO ACTION REQUIRED. (KLH)
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Filing 9
Letter MOTION for Extension of Time filed by Jane Zhou as to Mihai Merzianu, Charles Levea, Candace Johnson, Roswell Park Cancer Institute Corporation, Gissou Azabdaftari . (Korn, Lindy) Modified on 11/27/2019 (KLH).
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Filing 8
TEXT ORDER re #6 Motion to Dismiss. Responses shall be due on 12/6/2019. Replies shall be due on 12/13/2019. Upon receipt of all papers, the Court will determine if oral argument is necessary and, if so, will advise the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/15/2019. (JT)
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Filing 7
MEMORANDUM in Support re #6 MOTION to Dismiss filed by Gissou Azabdaftari, Candace Johnson, Charles Levea, Mihai Merzianu, Roswell Park Cancer Institute Corporation. (Hickey, Michael)
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Filing 6
MOTION to Dismiss by Gissou Azabdaftari, Candace Johnson, Charles Levea, Mihai Merzianu, Roswell Park Cancer Institute Corporation.(Hickey, Michael)
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Filing 5
NOTICE of Appearance by Christina L. Akers-DiCenzo on behalf of Jane Zhou (Akers-DiCenzo, Christina)
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Filing 4
STIPULATION AND ORDER granting extension of time to answer through and including 11/15/19. Signed by Hon. Elizabeth A. Wolford on 9/30/19. (SG)
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Answer due date updated as to Gissou Azabdaftari answer due 11/15/2019; Candace Johnson answer due 11/15/2019; Charles Levea answer due 11/15/2019; Mihai Merzianu answer due 11/15/2019; Roswell Park Cancer Institute Corporation answer due 11/15/2019 (SG)
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Filing 3
STIPULATION Extending Time to Answer by Gissou Azabdaftari, Candace Johnson, Charles Levea, Mihai Merzianu, Roswell Park Cancer Institute Corporation. (Hickey, Michael)
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Filing 2
Summons Issued as to Gissou Azabdaftari, Candace Johnson, Charles Levea, Mihai Merzianu. (KLH)
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Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of on-line civil opening. (KLH)
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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. (KLH)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution(KLH)
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Filing 1
COMPLAINT AND JURY DEMAND against All Defendants $ 400 receipt number 0209-3578822, filed by JANE ZHOU. (Attachments: #1 JOHNSON Summons, #2 LEVEA Summons, #3 AZABDAFTARI Summons, #4 MERZIANU Summons, #5 Civil Cover Sheet)(Korn, Lindy)
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