Ecock-Rotondo v. Rochester Institute of Technology
Plaintiff: Dr. Jessica L. Ecock-Rotondo, Ph.D.
Defendant: Rochester Institute of Technology
Case Number: 6:2023cv06166
Filed: March 21, 2023
Court: US District Court for the Western District of New York
Presiding Judge: Marian W Payson
Referring Judge: Elizabeth A Wolford
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 451 Employment Discrimination
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 11, 2023 Filing 23 Mediation Certification by Steven V. Modica. The case has not settled mediation complete. (Modica, Steven)
October 26, 2023 Filing 22 Stipulation-Selection of Mediator by Rochester Institute of Technology. (Greenidge, Taren)
September 28, 2023 Filing 21 Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Scheduling Conference held on 9/28/2023. Court to issue a Scheduling Order. Appearances: Jennifer M. E. Levy, Esq. for plaintiff; Taren N. Greenidge, Esq. for defendant. (KAH)
September 28, 2023 Opinion or Order Filing 20 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 8/13/2024 at 11:20 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 10/26/2023. First Mediation Session due by 12/21/2023. Mandatory Disclosures due by 10/12/2023. Motions to Join Parties/Amend Pleadings due by 11/13/2023. Fact Discovery to be completed by 8/28/2024. Fact Depositions due by 7/12/2024. Motions to Compel Discovery due by 7/29/2024. Plaintiff Expert Witness ID due by 7/29/2024. Defendant Expert Witness ID due by 8/26/2024. Expert Discovery to be completed by 9/27/2024. Dispositive Motions due by 10/31/2024. Signed by Hon. Marian W. Payson on 9/28/2023. (KAH)
September 22, 2023 Filing 19 DISCOVERY PLAN by Rochester Institute of Technology.(Greenidge, Taren)
September 22, 2023 Filing 18 DISCOVERY PLAN by Rochester Institute of Technology.(Greenidge, Taren)
September 22, 2023 E-Filing Notification: Please note that #18 DISCOVERY PLAN and #19 DISCOVERY PLAN are identical documents per the filing attorney. (JHF)
September 7, 2023 Opinion or Order Filing 17 ORDER (Telephone Scheduling Conference set for 9/28/2023 at 11:20 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 9/7/2023. (KAH)
August 25, 2023 E-Filing Notification: Clerk revised docket text of #15 to "ANSWER to #9 First Amended Complaint" to clarify the filing event. (JHF)
August 24, 2023 Filing 16 Corporate Disclosure Statement by Rochester Institute of Technology. (Greenidge, Taren)
August 24, 2023 Filing 15 ANSWER to #9 First Amended Complaint by Rochester Institute of Technology. (Greenidge, Taren) Modified on 8/25/2023 (JHF).
August 1, 2023 Filing 14 TEXT ORDER. The stay on this matter is hereby lifted, and Defendant's Motion for Extension of Time to File Answer #11 is granted. Defendant shall respond to the amended complaint on or before August 24, 2023. Counsel is hereby advised that no further extensions will be granted. Further, the parties are hereby advised that this is not the type of issue that is an appropriate use of judicial resources. In the future, the Court expects counsel to engage in a better effort to resolve these types of disputes. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 08/01/2023. (CAL)
August 1, 2023 Filing 13 RESPONSE in Opposition re #11 MOTION for Extension of Time to File Answer filed by Jessica L. Ecock-Rotondo, PhD. (Attachments: #1 Declaration of J. Morgan Levy with Exhibits) (Levy, Jennifer Morgan)
July 25, 2023 Filing 12 TEXT ORDER re #11 Motion for Extension of Time. Plaintiff shall file a response to Defendant's motion on or before August 1, 2023. Defendant's deadline to respond to the amended complaint is hereby stayed until further order of the Court. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/25/2023. (CAL)
July 24, 2023 Filing 11 MOTION for Extension of Time to File Answer by Rochester Institute of Technology. (Attachments: #1 Motion for Extension of Time, #2 Declaration, #3 Exhibit A)(Greenidge, Taren)
July 21, 2023 Filing 10 TEXT ORDER. In light of Plaintiff's filing of an amended complaint (Dkt. 9), the motion to dismiss the complaint filed by Defendant (Dkt. 6) is denied without prejudice as moot. Defendant shall answer or otherwise respond to the amended complaint in accordance with Fed. R. Civ. P. 15(a)(3). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/21/2023. (CAL)
July 11, 2023 Filing 9 FIRST AMENDED COMPLAINT against Rochester Institute of Technology, filed by Dr. Jessica L Ecock-Rotondo, Ph.D. (Attachments: #1 Exhibit Amended Complt. Redlined) (Levy, Jennifer Morgan) Modified on 7/11/2023 (JHF).
July 11, 2023 E-Filing Notification: Clerk revised docket text of #9 to "FIRST AMENDED COMPLAINT" to clarify the filing event. (JHF)
June 22, 2023 Filing 8 TEXT ORDER re: #6 Motion to Dismiss. Defendant has filed a motion pursuant to Fed. R. Civ. P. 12(b)(6), arguing that the complaint in this matter fails in part to state a claim on which relief can be granted. Without expressing any view as to the merits of Defendant's 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 July 13, 2023. In the event Plaintiff files a response to the motion to dismiss, replies are due on or before July 20, 2023. 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. 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 by the assigned magistrate judge. In particular, the parties may consent to have just the pending motion to dismiss resolved by the assigned magistrate judge, in which case the motion will likely be resolved sooner than if it is handled by the undersigned. Consent forms may be found on the Courts website at https://www.nywd.uscourts.gov/forms-3. No adverse substantive consequences will result should the parties choose not to consent. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/22/2023. (CAL)
June 22, 2023 Filing 7 TEXT ORDER REFERRING CASE to Magistrate Judge Marian W. Payson for all pre-trial matters excluding dispositive motions. IT IS SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 6/22/23. (JHF)
June 21, 2023 Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Rochester Institute of Technology. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Greenidge, Taren)
May 15, 2023 Filing 5 TEXT ORDER granting #4 consent Motion for Extension of Time. Defendant may move, answer, or otherwise respond to the complaint on or before June 21, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/15/2023. (CAL)
May 15, 2023 Filing 4 MOTION for Extension of Time to File Answer by Rochester Institute of Technology.(Greenidge, Taren)
April 20, 2023 Filing 3 WAIVER OF SERVICE Returned Executed by Jessica L Ecock-Rotondo. All Defendants. (Levy, Jennifer Morgan)
March 23, 2023 Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK)
March 23, 2023 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
March 23, 2023 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)
March 23, 2023 Original Summons Not Submitted. (TMK)
March 22, 2023 Filing 2 CONTINUATION OF EXHIBITS by Jessica L Ecock-Rotondo. Civil Cover Sheet filed by Jessica L Ecock-Rotondo. (Levy, Jennifer Morgan)
March 22, 2023 E-Filing Notification: re #1 COMPLAINT - Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (TMK)
March 21, 2023 Filing 1 COMPLAINT against Jessica L Ecock-Rotondo $ 402 receipt number ANYWDC-4826946, filed by Jessica L Ecock-Rotondo.(Levy, Jennifer Morgan)

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Plaintiff: Dr. Jessica L. Ecock-Rotondo, Ph.D.
Represented By: Jennifer Morgan Elizabeth Levy
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Defendant: Rochester Institute of Technology
Represented By: Taren Nicole Greenidge
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