Aslin et al v. University of Rochester et al
| New York Western District Court | |
| Judge: | Lawrence J Vilardo |
| Referred: | Leslie G Foschio |
| Case #: | 6:17-cv-06847 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1331 Fed. Question: Employment Discrimination |
| Case Filed: | Dec 08, 2017 |
| Terminated: | May 12, 2020 |
| Last checked: Wednesday Jun 06, 2018 5:43 AM EDT |
|
Defendant
Robert L. Clark
|
Represented By
|
|
Defendant
Joel Seligman
|
Represented By
|
|
Defendant
University of Rochester
500 Joseph C. Wilson Boulevard
Rochester, NY 14627 |
Represented By
|
|
Plaintiff
Dr. Richard Aslin
7 Moser Street
Northampton, MA 01060 |
Represented By
|
|
Plaintiff
Dr. Keturah Bixby
79 Prince Street Apt 4
Rochester, NY 14605 |
Represented By
|
|
Plaintiff
Dr. Jessica Cantlon
9 Portsmouth Terrace
Rochester, NY 14607 |
Represented By
|
|
Plaintiff
Dr. Benjamin Hayden
210 Wyndham Circle West
New Brighton, MN 55112 |
Represented By
|
|
Plaintiff
Dr. Sarah Heilbronner
210 Wyndham Circle West
New Brighton, MN 55112 |
Represented By
|
|
Plaintiff
Dr. Celeste Kidd
82 Merriman Street
Rochester, NY 14607 |
Represented By
|
|
Plaintiff
Dr. Bradford Mahon
9 Portsmouth Terrace
Rochester, NY 14607 |
Represented By
|
|
Plaintiff
Dr. Elissa Newport
2919 Woodland Drive NW
Washington, DC 20008 |
Represented By
|
|
Plaintiff
Dr. Steven Piantadosi
82 Merriman Street
Rochester, NY 14607 |
Represented By
|
| 1. | University of Rochester settles federal sexual misconduct lawsuit for $9.4 million (democratandchronicle.com) |
| Submitted Fri 03/27/2020 | |
| 2. | Federal lawsuit filed against University of Rochester alleges sexual misconduct by Professor (13wham.com) |
| Submitted Mon 12/11/2017 | |
| Docket last updated: 10 hours ago |
| Tuesday, May 12, 2020 | ||
| 47 | 47
order
Text Order
Tue 05/12 11:38 AM
TEXT ORDER re46 Stipulation of Dismissal filed by University of Rochester. The Stipulation of Dismissal is hereby SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 5/12/2020. (APG) |
|
| Monday, May 11, 2020 | ||
| 46 | 46
misc
Stipulation of Dismissal
Mon 05/11 4:38 PM
STIPULATION of Dismissal by University of Rochester. (Ward, Eric) |
|
| Monday, April 06, 2020 | ||
| 45 | 45
order
Text Order
Mon 04/06 11:42 AM
TEXT ORDER re44 Stipulation of Dismissal filed by University of Rochester, Joel Seligman, Robert L. Clark. The Stipulation of Dismissal is hereby SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 4/6/2020. (APG) |
|
| Thursday, March 26, 2020 | ||
| 44 | 44
misc
Stipulation of Dismissal
Thu 03/26 5:04 PM
STIPULATION of Dismissal as to defendants Robert Clark and Joel Seligman by Robert L. Clark, Joel Seligman, University of Rochester. (Ward, Eric) |
|
| Tuesday, March 24, 2020 | ||
|
utility
E-Filing Notification Wrong Document Attached
Tue 03/24 2:09 PM
E-Filing Notification: Incorrect.pdf file attached to entry. Main Document 43 replaced on 3/24/2020 (SDW). (SDW) |
||
| Monday, March 23, 2020 | ||
| 43 | 43
order
Stipulation and Order ~Util - Set Deadlines
Mon 03/23 2:38 PM
STIPULATION AND ORDER. Plaintiff motion for leave to file and serve Second Amended Complaint due by 5/15/2020. Defendants' opposition due by 5/29/2020. Plaintiff reply due by 6/5/2020. Signed by Hon. Leslie G. Foschio on 3/23/2020. (SDW) |
|
| Wednesday, January 29, 2020 | ||
| 42 | 42
order
Stipulation and Order ~Util - Set Deadlines
Wed 01/29 4:37 PM
STIPULATION AND ORDER. Plaintiffs' motion for leave to file and serve Second Amended Complaint due by 3/20/2020. Defendants' Responses due by 4/3/2020. Plaintiffs' reply due by 4/10/2020. Signed by Hon. Leslie G. Foschio on 1/29/2020. (SDW) |
|
| Thursday, December 05, 2019 | ||
| 41 | 41
order
Stipulation and Order ~Util - Set Deadlines
Fri 12/06 10:25 AM
STIPULATION AND ORDER. Motions For Leave to File and serve Second Amended Complaint due by 1/31/2020. Defendants' Response due by 2/14/2020. Plaintiffs' Replies due by 2/21/2020. Signed by Hon. Leslie G. Foschio on 12/5/2019. (SDW) |
|
| Friday, November 08, 2019 | ||
| 39 | 39
notice
Notice of Appearance
Fri 11/08 6:52 AM
NOTICE of Appearance by Paul Peter Hughes on behalf of All Plaintiffs (Hughes, Paul) |
|
| Thursday, November 07, 2019 | ||
| 40 | 40
order
Stipulation and Order ~Util - Set Deadlines
Fri 11/08 9:23 AM
STIPULATION AND ORDER. Motion for Leave to File and Serve Amended Complaint due by 12/6/2019. Defendants' opposition due by 1/3/2020. Plaintiffs' reply due by 1/13/2020. Signed by Hon. Leslie G. Foschio on 11/7/2019. (SDW) |
|
| Tuesday, October 15, 2019 | ||
| 38 | 38
order
Text Order 1 - Terminate Deadlines and Hearings
Tue 10/15 12:55 PM
TEXT ORDER. Treating Plaintiffs' letter dated 10/14/2019 (Dkt. 37) as a motion to vacate the court's order scheduling a Rule 16 hearing (Dkt. 36) and the scheduling order (Dkt. 35) for Defendants' motion to dismiss (Dkt. 33) to facilitate Plaintiffs' expected motion for leave to file Second Amended Complaint w/o objection by Defendants to Plaintiffs' motion to vacate, the motion is GRANTED. Issued by Hon. Leslie G. Foschio on 10/15/2019. (SDW) |
|
| 37 | 37
misc
Letter-ProSe
Tue 10/15 12:52 PM
Letter from JFO McAllister, Esq., dated 10/14/2019, to Hon. Leslie G. Foschio (SDW) |
|
| Monday, September 30, 2019 | ||
| 36 | 36
6
pgs
order
Order ~Util - Set Hearings
Mon 09/30 12:28 PM
ORDER. Scheduling Conference set for 11/5/2019 11:00 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 9/30/2019. (SDW) |
|
| 35 | 35
2
pgs
order
Order ~Util - Set Deadlines
Mon 09/30 12:26 PM
ORDER re33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Regarding Newport's Title IX Retaliation Claim filed by University of Rochester, Joel Seligman, Robert L. Clark. Responses due by 10/16/2019. Replies due by 10/25/2019. Oral argument at the discretion of the court. Signed by Hon. Leslie G. Foschio on 9/30/2019. (SDW) |
|
| Wednesday, September 25, 2019 | ||
| 34 | 34
answer
Answer to Amended Complaint
Wed 09/25 7:30 PM
ANSWER to32 Amended Complaint by Robert L. Clark, Joel Seligman, University of Rochester.(Ward, Eric) |
|
| 33 | 33
motion
Dismiss for Failure to State a Claim
Wed 09/25 7:29 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Regarding Newport's Title IX Retaliation Claim by Robert L. Clark, Joel Seligman, University of Rochester.(Ward, Eric) |
|
|
Att: 1
Memorandum in Support,
|
||
|
Att: 2
Declaration in Support,
|
||
|
Att: 3
Exhibit A to Ward Declaration,
|
||
|
Att: 4
Exhibit B to Ward Declaration
|
||
| Wednesday, September 11, 2019 | ||
| 32 | 32
cmp
Amended Complaint
Wed 09/11 4:11 PM
AMENDED COMPLAINT against All Defendants, filed by Celeste Kidd, Jessica Cantlon, Bradford Mahon, Steven Piantadosi, Keturah Bixby, Elissa Newport, Richard Aslin, Benjamin Hayden, Sarah Heilbronner.(McAllister, John Francis) |
|
| Thursday, August 29, 2019 | ||
| 31 | 31
order
Order Referring Case to Magistrate Judge
Thu 08/29 1:48 PM
TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Leslie G. Foschio, 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. Lawrence J. Vilardo on 8/29/2019. (CMD) |
|
| Wednesday, August 28, 2019 | ||
| 30 | 30
58
pgs
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Strike
Wed 08/28 7:36 PM
ORDER granting in part and denying in part13 Motion to Dismiss for Failure to State a Claim and denying13 Motion to Strike under Federal Rule of Civil Procedure 12(f). The plaintiffs shall file an amended complaint regarding those claims that survive the defendants' motion and that complies with Federal Rules of Civil Procedure 8 and 10, consistent with this decision and order. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 8/28/2019. (AMD) |
|
| Wednesday, May 22, 2019 | ||
| 29 | 29
notice
Notice (Other)
Wed 05/22 9:47 AM
NOTICE by Richard Aslin, Keturah Bixby, Jessica Cantlon, Benjamin Hayden, Sarah Heilbronner, Celeste Kidd, Bradford Mahon, Elissa Newport, Steven Piantadosi re6 Notice of Appearance (Withdrawal of Appearance as counsel for Plaintiffs) (Grygiel, Stephen) |
|
| Wednesday, May 16, 2018 | ||
| 28 | 28
19
pgs
respm
Memorandum in Support of Motion
Wed 05/16 6:23 PM
MEMORANDUM in Support re13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike Certain Allegations in Complaint as requested by Judge Vilardo at April 23, 2018 hearing filed by Robert L. Clark, Joel Seligman, University of Rochester. (Ward, Eric) |
|
| Friday, May 11, 2018 | ||
| 27 | 27
misc
Transcript
Fri 05/11 12:43 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/23/2018, before Judge Lawrence J. Vilardo. Court Reporter/Transcriber Ann M. Sawyer, Telephone number 716-551-1620. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/1/2018. Redacted Transcript Deadline set for 6/11/2018. Release of Transcript Restriction set for 8/9/2018. (BK) |
|
| Friday, May 04, 2018 | ||
| 25 | 25
13
pgs
respm
Response in Opposition to Motion
Fri 05/04 12:58 PM
RESPONSE in Opposition re13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike Certain Allegations in Complaint as requested by Judge Vilardo at April 23, 2018 hearing filed by Richard Aslin, Keturah Bixby, Jessica Cantlon, Benjamin Hayden, Sarah Heilbronner, Celeste Kidd, Bradford Mahon, Elissa Newport, Steven Piantadosi. (McAllister, John Francis) |
|
| Monday, April 23, 2018 | ||
| 26 | 26
minutes
Oral Argument ~Util - Set Deadlines
Mon 05/07 2:57 PM
Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re:13 Motion to Dismiss for Failure to State a Claim was held on 4/23/2018. Plaintiff's supplemental submission due by 5/4/2018 (limit to 15-pages). Defendants' reply due by 5/16/2018. Appearances. For plaintiffs: Stephen C. Grygiel and Ann McAllister Olivarius. For defendants: Eric J. Ward and Tony R. Sears. (Court Reporter Ann M. Sawyer.) (CMD) |
|
| Friday, April 06, 2018 | ||
| 24 | 24
19
pgs
respm
Reply to Response to Motion
Fri 04/06 4:26 PM
REPLY to Response to Motion re13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike Certain Allegations in Complaint filed by Robert L. Clark, Joel Seligman, University of Rochester. (Ward, Eric) |
|
| Thursday, March 29, 2018 | ||
| 23 | 23
order
Order on Motion for Leave to File Excess Pages
Thu 03/29 4:08 PM
TEXT ORDER granting defendants'22 Motion for Leave to File Excess Pages to expand their reply memorandum of law by five pages. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/29/2018. (CMD) |
|
| 22 | 22
motion
File Excess Pages
Thu 03/29 9:48 AM
MOTION for Leave to File Excess Pages by Robert L. Clark, Joel Seligman, University of Rochester.(Ward, Eric) |
|
| Wednesday, March 28, 2018 | ||
| 21 | 21
1
pgs
misc
Letter
Wed 03/28 4:11 PM
Letter filed by Joel Seligman, Robert L. Clark, University of Rochester as to Joel Seligman, Robert L. Clark, University of Rochester . (Ward, Eric) |
|
|
utility
E-Filing Notification
Thu 03/29 8:47 AM
E-Filing Notification: re21 Letter filed by Joel Seligman, Robert L. Clark, University of Rochester as to Joel Seligman, Robert L. Clark, University of Rochester . (Ward, Eric) This document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (BK) |
||
| Friday, March 16, 2018 | ||
| 20 | 20
41
pgs
misc
Memorandum in Opposition
Fri 03/16 11:37 AM
MEMORANDUM IN OPPOSITION re13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike Certain Allegations in Complaint by Richard Aslin, Keturah Bixby, Jessica Cantlon, Benjamin Hayden, Sarah Heilbronner, Celeste Kidd, Bradford Mahon, Elissa Newport, Steven Piantadosi. (McAllister, John Francis) |
|
| Saturday, March 10, 2018 | ||
| 19 | 19
1
pgs
order
Order
Sat 03/10 4:11 PM
REQUEST AND ORDER re 18 Text Order, Set Deadlines/Hearings. The plaintiffs' request to exceed the page limitation for a memorandum of law by an additional 10 pages in granted. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/10/2018. (APG) |
|
| Friday, February 16, 2018 | ||
| 18 | 18
order
Text Order ~Util - Set Deadlines/Hearings
Fri 02/16 3:50 PM
TEXT ORDER re13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike Certain Allegations in Complaint filed by University of Rochester, Joel Seligman, Robert L. Clark. The schedule entered by Judge Larimer is modified as follows. Responses due by 3/16/2018. Replies due by 4/6/2018. Oral Argument is set for 4/23/2018 at 9:30 AM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/16/2018. (APG) |
|
| Thursday, February 15, 2018 | ||
| 17 | 17
order
Text Order
Thu 02/15 4:54 PM
TEXT ORDER transferring case to the Hon. Lawrence J. Vilardo. Signed by Hon. Charles J. Siragusa on 2/15/18. (KAP) |
|
|
utility
Case Assigned/Reassigned
Thu 02/15 4:57 PM
Case reassigned to Hon. Lawrence J. Vilardo. Hon. Charles J. Siragusa no longer assigned to the case. (LB) |
||
| Tuesday, February 13, 2018 | ||
| 16 | 16
order
Order Reassigning Case
Tue 02/13 3:28 PM
TEXT ORDER REASSIGNING CASE. Case reassigned to Hon. Charles J. Siragusa for all further proceedings. Hon. David G. Larimer no longer assigned to case. Signed by Hon. David G. Larimer on 2/13/2018. (LB) |
|
| Monday, February 12, 2018 | ||
| 15 | 15
1
pgs
order
Order ~Util - Set/Reset Motion and R&R Deadlines/Hearings
Mon 02/12 1:35 PM
ORDER re13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike Certain Allegations in Complaint filed by University of Rochester, Joel Seligman, Robert L. Clark. Responses due by 3/5/2018. Signed by Hon. David G. Larimer on 2/12/18. (PR) |
|
| Thursday, February 08, 2018 | ||
| 14 | 14
notice
Notice of Appearance
Thu 02/08 11:00 AM
NOTICE of Appearance by Ann McAllister Olivarius on behalf of All Plaintiffs (Olivarius, Ann) |
|
| Monday, February 05, 2018 | ||
| 13 | 13
2
pgs
motion
Dismiss for Failure to State a Claim Strike
Mon 02/05 8:17 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Strike Certain Allegations in Complaint by Robert L. Clark, Joel Seligman, University of Rochester.(Ward, Eric) |
|
|
Att: 1
41 pgs
Memorandum in Support
|
||
| 12 | 12
notice
Notice of Appearance
Mon 02/05 8:07 PM
NOTICE of Appearance by Tony R. Sears on behalf of All Defendants (Sears, Tony) |
|
| Wednesday, January 31, 2018 | ||
| 11 | 11
order
Text Order ~Util - Terminate Motions
Wed 01/31 11:29 AM
TEXT ORDER re10 LETTER REQUEST. Defendants' request to exceed the page limit for a Memorandum of Law is granted. Defendants' Memorandum of Law may not exceed 35 pages in total. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 1/31/18. (PR) |
|
| 10 | 10
motion
Miscellaneous Relief
Wed 01/31 11:27 AM
LETTER REQUEST by defendants to exceed the Memorandum of Law page limit pursuant to Local Rule 7(a)(2)(C). (PR) |
|
| Friday, December 22, 2017 | ||
| 9 | 9
order
Stipulation and Order ~Util - Set Deadlines/Hearings
Fri 12/22 4:37 PM
STIPULATION AND ORDER, Robert L. Clark answer due 2/5/2018; Joel Seligman answer due 2/5/2018; University of Rochester answer due 2/5/2018. Signed by Hon. David G. Larimer on 12/22/17. (JHF) |
|
| Thursday, December 21, 2017 | ||
| 8 | 8
notice
Notice of Appearance
Thu 12/21 3:18 PM
NOTICE of Appearance by Meghan M. DiPasquale on behalf of Robert L. Clark, Joel Seligman, University of Rochester (DiPasquale, Meghan) |
|
| 7 | 7
notice
Notice of Appearance
Thu 12/21 3:07 PM
NOTICE of Appearance by Eric J. Ward on behalf of All Defendants (Ward, Eric) |
|
| Wednesday, December 20, 2017 | ||
| 6 | 6
notice
Notice of Appearance
Wed 12/20 11:47 AM
NOTICE of Appearance by Stephen G Grygiel on behalf of All Plaintiffs (Grygiel, Stephen) |
|
| Tuesday, December 19, 2017 | ||
| 5 | 5
service
Affidavit of Service
Tue 12/19 6:13 AM
AFFIDAVIT of Service for Complaint and Jury Demand, Civil Cover Sheet served on Robert Clark on 12/14/2017, filed by Richard Aslin, Keturah Bixby, Jessica Cantlon, Benjamin Hayden, Sarah Heilbronner, Celeste Kidd, Bradford Mahon, Elissa Newport, Steven Piantadosi. (McAllister, John Francis) |
|
| 4 | 4
service
Affidavit of Service
Tue 12/19 6:12 AM
AFFIDAVIT of Service for Complaint and Jury Demand, Civil Cover Sheet served on Joel Seligman on 12/14/2017, filed by Richard Aslin, Keturah Bixby, Jessica Cantlon, Benjamin Hayden, Sarah Heilbronner, Celeste Kidd, Bradford Mahon, Elissa Newport, Steven Piantadosi. (McAllister, John Francis) |
|
| 3 | 3
service
Affidavit of Service
Tue 12/19 6:11 AM
AFFIDAVIT of Service for Complaint and Jury Demand, Civil Cover Sheet served on University of Rochester on 12/14/2017, filed by Richard Aslin, Keturah Bixby, Jessica Cantlon, Benjamin Hayden, Sarah Heilbronner, Celeste Kidd, Bradford Mahon, Elissa Newport, Steven Piantadosi. (McAllister, John Francis) |
|
| Monday, December 11, 2017 | ||
| 2 | 2
service
Summons Issued
Mon 12/11 10:54 AM
Summons Issued as to All Defendants. (BK) |
|
|
Att: 1
Summons,
|
||
|
Att: 2
Summons
|
||
|
utility
Case Assigned/Reassigned
Mon 12/11 10:46 AM
Case Assigned to Hon. David G. Larimer. Notification to Chambers of on-line civil case opening. (BK) |
||
|
notice
Notice of Availability of Magistrate Judge
Mon 12/11 10:48 AM
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. (BK) |
||
|
adr
Automatic Referral to Mediation
Mon 12/11 10:50 AM
AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution. (BK) |
||
| Friday, December 08, 2017 | ||
| 1 | 1
30+
pgs
cmp
Complaint
Fri 12/08 4:04 PM
COMPLAINT against All Defendants $ 400 receipt number 0209-2969705, filed by Celeste Kidd, Jessica Cantlon, Bradford Mahon, Steven Piantadosi, Keturah Bixby, Elissa Newport, Richard Aslin, Benjamin Hayden, Sarah Heilbronner.(McAllister, John Francis) |
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Exhibit,
|
||
|
Att: 3
Exhibit,
|
||
|
Att: 4
Exhibit
|
||