Cecere v. Canisius University et al
| William Cecere, IV |
| Canisius University f/k/a Canisius College, Dr. Aimee Larson, Canisius University and Canisius College |
| 1:2024cv00155 |
| February 20, 2024 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Civil Rights: Other |
| 42 U.S.C. ยง 12101 Americans With Disabilities Act |
| Plaintiff |
Docket Report
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| Filing 10 TEXT ORDER denying as moot #6 Motion to Dismiss for Failure to State a Claim. In light of Plaintiff's filing of an amended complaint (Dkt. 9), the pending motion to dismiss the original complaint for failure to state a claim (Dkt. 6) is denied as moot. Responses to the amended complaint shall be filed in accordance with Fed. R. Civ. P. 15(a)(3). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/09/2024. (MGB) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by William Cecere, IV.(Cohen, Steven) |
| Filing 8 NOTICE of Appearance by Thomas S. D'Antonio on behalf of Canisius University, Aimee Larson (D'Antonio, Thomas) |
| Filing 7 TEXT ORDER re: #6 Motion to Dismiss. Defendants have filed a motion pursuant to Fed. R. Civ. P. 12(b)(6), arguing that the complaint in this matter fails to state a claim on which relief can be granted. Without expressing any view as to the merits of Defendants' motion, the Court will afford Plaintiff an opportunity to file an amended complaint curing the alleged defects in accordance with Fed. R. Civ. P. 15(a)(1)(B). If Plaintiff timely files an amended complaint, the Court will deny the pending motion to dismiss without prejudice as moot. If Plaintiff does not file an amended complaint, Plaintiff must file a response to the motion to dismiss. Plaintiff must file either an amended complaint or a response to the motion to dismiss on or before April 8, 2024. In the event Plaintiff files a response to the motion to dismiss, replies are due on or before April 15, 2024. If additional briefing is filed with respect to the motion to dismiss, the Court will review the papers and determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/18/2024. (MGB) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Canisius University, Aimee Larson. (Attachments: #1 Declaration Declaration of Dr. Aimee Larson, #2 Exhibit Exhibit 1 - Handbook, #3 Exhibit Exhibit 2 - Verification, #4 Exhibit Exhibit 3 - 11/23/2021 Letter, #5 Exhibit Exhibit 4 - 12/17/21 Letter, #6 Exhibit Exhibit 5 - 1/5/22 Letter, #7 Exhibit Exhibit 6 - 1/14/22 Emails, #8 Exhibit Exhibit 7 - 1/31/22 Letter, #9 Exhibit Exhibit 8 - 7/6/22 Letter, #10 Exhibit Exhibit 9 - 7/21/22 Letter, #11 Exhibit Exhibit 10 - 12/29/22 Letter, #12 Memorandum in Support)(Levitt, Joshua) |
| Filing 5 Corporate Disclosure Statement by Canisius University. (Levitt, Joshua) |
| Filing 4 TEXT ORDER transferring the case from Hon. John L. Sinatra to the Hon. Elizabeth A. Wolford due to a recusal. Signed by Mary C. Loewenguth, Clerk of Court on 2/27/2024. (SG) |
| Filing 3 STIPULATION Extending Time to Answer or Move by Canisius University, Aimee Larson. (Levitt, Joshua) |
| Filing 2 NOTICE Concerning Waiver of Judicial Disqualification: Judge Sinatra is recused in this case because partners at his former law firm, Hodgson Russ, serve as trustees of a defined benefit plan that will pay Judge Sinatra a pension benefit upon retirement. That future pension benefit does not depend on Hodgson Russ for its viability, and investment decisions are made by an independent professional. This disqualification is subject to remittal by the parties: the judge may participate in this case if, in light of this disclosure, the parties and their lawyers have an opportunity to confer outside the presence of the judge, all agree in writing or on the record that the judge should not be disqualified, and the judge is then willing to participate. Any such remittal agreement should be incorporated in the record of the proceeding. ACTION REQUIRED: Parties waiving recusal shall mail a letter (sample attached) to the Clerk of Court, US District Court for the Western District of New York, 2 Niagara Square, Buffalo, NY 14202. Clerk to Follow-Up (TMK) |
| Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK) |
| AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's #ADR webpage and/or contact the Court's ADR Administrator at #adrprogram@nywd.uscourts.gov.' Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the #ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (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) |
| Filing 1 NOTICE OF REMOVAL by Aimee Larson, Canisius University f/k/a Canisius College from Supreme Court of the State of New York for the County of Erie, case number 816039/2023. (Filing fee $ 405 receipt number ANYWDC-5111443), filed by Aimee Larson, Canisius University f/k/a Canisius College. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(Levitt, Joshua) |
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