Frank, D.C. v. D'Youville University et al
| Thomas M. Frank, D.C. |
| D'Youville University and DYC Chapter of the American Association of University Professors |
| 1:2023cv00670 |
| July 10, 2023 |
| US District Court for the Western District of New York |
| H Kenneth Schroeder |
| John L Sinatra |
| Labor: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 13 TEXT ORDER granting #11 Motion for Extension of Time to File Response/Reply as to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Responses due by 9/8/2023. Replies due by 10/6/2023.Issued by Hon. H. Kenneth Schroeder Jr. on 8/28/2023. (KER) |
| Filing 12 REPLY/RESPONSE to re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thomas M. Frank, D.C.. (Attachments: #1 Exhibit A - Collective Bargaining Agreement, #2 Exhibit B - Email Correspondence, #3 Exhibit C - Email Correspondence, #4 Memorandum of Law in Opposition to Defendant D'Youville University's Motion to Dismiss, #5 Memorandum of Law in Opposition to Defendant DYC AAUP's Motion to Dismiss)(Eckert, Tyler) |
| Filing 11 MOTION for Extension of Time to File Response/Reply as to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Thomas M. Frank, D.C.. (Attachments: #1 Affidavit in Support of Motion for Extension of Time)(Eckert, Tyler) |
| Filing 10 NOTICE of Appearance by Tyler J. Eckert on behalf of Thomas M. Frank, D.C. (Eckert, Tyler) |
| Filing 9 NOTICE of Appearance by Robert L. Boreanaz on behalf of DYC Chapter of the American Association of University Professors (Boreanaz, Robert) |
| Filing 8 TEXT ORDER re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DYC Chapter of the American Association of University Professors: Responses due by 8/25/2023. Replies due by 9/22/2023. Issued by Hon. H. Kenneth Schroeder Jr. on 7/17/2023. (KER) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DYC Chapter of the American Association of University Professors. (Attachments: #1 Declaration of Candace L. Morrison, #2 Exhibit A, #3 Exhibit B, #4 Memorandum in Support)(Morrison, Candace) |
| Filing 6 TEXT ORDER re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by D'Youville University: Responses due by 8/25/2023. Replies due by 9/22/2023. Issued by Hon. H. Kenneth Schroeder Jr. on 7/13/2023. (KER) |
| Filing 5 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. H. Kenneth Schroeder Jr., 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 7/12/2023. (KLH) |
| Filing 4 NOTICE of Appearance by Steven M. Cohen on behalf of Thomas M. Frank, D.C. (Cohen, Steven) |
| Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by D'Youville University. (Attachments: #1 Declaration of Stephen A. Sharkey, Esq., #2 Exhibit A Summons and Complaint, #3 Memorandum in Support)(Sharkey, Stephen) |
| Filing 2 CERTIFICATE OF SERVICE by D'Youville University re #1 Notice of Removal, with Exhibits and Civil Cover Sheet (Sharkey, Stephen) |
| Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK) |
| 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) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| Filing 1 NOTICE OF REMOVAL by D'Youville University from New York State Supreme Court, case number 805297/2023. (Filing fee $ 402 receipt number ANYWDC-4920217), filed by D'Youville University. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A Summons and Complaint, #3 Exhibit B Consent to Removal)(Sharkey, Stephen) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
