Johnson v. Roswell Park Cancer Institute
Plaintiff: James Johnson
Defendant: Roswell Park Cancer Institute
Case Number: 1:2021cv01247
Filed: November 29, 2021
Court: US District Court for the Western District of New York
Presiding Judge: Jeremiah J McCarthy
Referring Judge: John L Sinatra
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2022 Filing 30 TEXT ORDER acknowledging #29 Stipulation of Discontinuance. This action is discontinued with prejudice. The Clerk of Court is directed to close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/21/2022. (KLH)
November 21, 2022 Filing 29 STIPULATION of Discontinuance by Roswell Park Cancer Institute. (Hickey, Michael)
November 16, 2022 Filing 28 TEXT ORDER: At oral argument of defendants' motion today #14 , the parties agreed to dismiss the action, on the merits. Therefore, a Stipulation of Discontinuance shall be filed by November 28, 2022. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/16/2022. (EG)
November 16, 2022 Filing 27 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument on defendant's motion for judgment on the pleadings #14 held on 11/16/2022. Counsel for the parties appear. Plaintiff's counsel concedes that the action is untimely for the reasons stated. The parties agree that the case must be dismissed. A stipulation of discontinuance to be filed.APPEARANCES: Charles Miller for plaintiff; Michael Hickey for defendant (Court Reporter FTR Gold) (EG)
November 8, 2022 Filing 26 REPLY/RESPONSE to re #14 MOTION for Judgment on the Pleadings filed by Roswell Park Cancer Institute. (Hickey, Michael)
October 31, 2022 Filing 25 TEXT ORDER: Defendant's unopposed motion for an extension #24 of its reply deadline for its motion for judgment on the pleadings #14 is granted. Defendant's reply, if any, shall be filed by November 8, 2022. Oral Argument is reset to November 16, 2022 at 2:00 p.m. in Genesee Courtroom, 6th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Jeremiah J. McCarthy. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/31/2022. (EG)
October 31, 2022 Filing 24 Letter filed by Roswell Park Cancer Institute as to Roswell Park Cancer Institute for an Extension of the Deadline to File its Reply Memorandum of Law in Further Support of its Motion for Judgment on the Pleadings. (Hickey, Michael)
October 11, 2022 Filing 23 MEMORANDUM in Opposition re #14 MOTION for Judgment on the Pleadings filed by James Johnson. (Korn, Lindy)
October 4, 2022 Filing 22 TEXT ORDER: Plaintiff's unopposed motion for an extension #21 of the briefing deadline is granted. Plaintiff's response to defendant's motion for judgment on the pleadings #14 shall be filed on or before October 11, 2022. Defendant's reply, if any, shall be filed by November 1, 2022. Oral Argument is reset to November 8, 2022 at 2:00 p.m. in Genesee Courtroom, 6th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Jeremiah J. McCarthy. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/4/2022. (EG)
October 3, 2022 Filing 21 Third MOTION for Extension of Time to File Response/Reply as to #14 MOTION for Judgment on the Pleadings by James Johnson.(Korn, Lindy)
September 20, 2022 Filing 20 TEXT ORDER: Plaintiff's unopposed second motion for an extension #19 is granted. Plaintiff's response to defendant's motion for judgment on the pleadings #14 shall be filed on or before October 4, 2022. Defendant's reply, if any, shall be filed by October 25, 2022. Oral Argument is reset to November 3, 2022 at 2:00 p.m. in Genesee Courtroom, 6th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Jeremiah J. McCarthy. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/20/22. (MDY)
September 20, 2022 Filing 19 Second MOTION for Extension of Time to File Response/Reply as to #14 MOTION for Judgment on the Pleadings by James Johnson.(Korn, Lindy)
September 7, 2022 Filing 18 TEXT ORDER: Plaintiff's Motion for Extension of Time to File Response/Reply #17 is granted. Plaintiff's response to defendant's motion for judgment on the pleadings #14 shall be filed on or before September 21, 2022. Defendant's reply, if any, shall be filed by October 11, 2022. Oral Argument reset to October 19, 2022 at 10:00 AM in Genesee Courtroom, 6th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Jeremiah J. McCarthy. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/7/2022. (EG)
September 6, 2022 Filing 17 First MOTION for Extension of Time to File Response/Reply as to #14 MOTION for Judgment on the Pleadings by James Johnson.(Korn, Lindy)
August 17, 2022 Filing 16 TEXT ORDER: Plaintiff's response to defendant's motion for judgment on the pleadings #14 shall be filed on or before September 7, 2022. Defendant's reply, if any, shall be filed by September 14, 2022. Oral Argument set for October 12, 2022 at 10:00 AM in Genesee Courtroom, 6th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Jeremiah J. McCarthy. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/17/2022. (EG)
August 17, 2022 Filing 15 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Initial Pretrial Conference held on 8/17/2022. Counsel for the parties appear by telephone. Briefing schedule on defendant's motion for judgment on the pleadings discussed and set. Text order to follow. APPEARANCES (by phone): Charles Miller for plaintiff; Michael Hickey for defendant (Court Reporter AT&T) (EG)
August 16, 2022 Filing 14 MOTION for Judgment on the Pleadings by Roswell Park Cancer Institute. (Attachments: #1 Memorandum in Support)(Hickey, Michael)
August 5, 2022 Filing 13 NOTICE of Appearance by Charles L. Miller, II on behalf of James Johnson (Miller, Charles)
August 3, 2022 Filing 12 DISCOVERY PLAN by James Johnson.(Korn, Lindy)
July 21, 2022 Filing 11 NOTICE of Appearance by Kathleen H. McGraw on behalf of Roswell Park Cancer Institute (McGraw, Kathleen)
July 20, 2022 Opinion or Order Filing 10 ORDER OF PRELIMINARY PRETRIAL CONFERENCE. As set forth in the attached order, a teleconference is set for 8/17/2022 at 10:00 AM before Hon. Jeremiah J. McCarthy. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. It remains the parties' responsibility to read the attached Order. Signed by Hon. Jeremiah J. McCarthy on 7/20/2022. (EG)
July 20, 2022 Filing 9 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Jeremiah J. McCarthy, 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 7/20/2022. (KLH)
July 20, 2022 ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV)
July 19, 2022 Filing 8 ANSWER to #1 Complaint by Roswell Park Cancer Institute. (Attachments: #1 Exhibit A - Determination & Order, #2 Exhibit B - Dismissal and Notice of Rights, #3 Exhibit C - Award)(Hickey, Michael)
May 2, 2022 Filing 7 TEXT ORDER acknowledging the parties' #6 stipulation. Defendant shall answer or otherwise respond to the complaint by 7/19/2022. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 5/2/2022. (KEF)
May 2, 2022 Filing 6 STIPULATION extending time to answer by Roswell Park Cancer Institute. (Hickey, Michael)
May 2, 2022 Filing 5 AFFIDAVIT of Service for Complaint and Summons served on Catherine Massari on 4/28/2022, filed by James Johnson. (Korn, Lindy)
April 25, 2022 Filing 4 TEXT ORDER granting #3 Motion for an extension of time to serve. Plaintiff shall serve Defendant by 5/9/2022. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/25/2022. (KEF)
April 25, 2022 Filing 3 MOTION Extension of Time for Service by James Johnson.(Korn, Lindy)
November 30, 2021 Filing 2 Summons Issued as to Roswell Park Cancer Institute. (TMK)
November 30, 2021 Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK)
November 30, 2021 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
November 30, 2021 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. (TMK)
November 29, 2021 Filing 1 COMPLAINT against Roswell Park Cancer Institute $ 402 receipt number 0209-4429377, filed by James Johnson. (Attachments: #1 Summons, #2 Civil Cover Sheet)(Korn, Lindy)

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Plaintiff: James Johnson
Represented By: Lindy Korn
Represented By: Charles L. Miller, II
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Defendant: Roswell Park Cancer Institute
Represented By: Kathleen H. McGraw
Represented By: Michael E. Hickey
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