Porada v. The Diocese of Buffalo, N.Y. et al
| New York Western District Court | |
| Judge: | Elizabeth A Wolford |
| Referred: | H Kenneth Schroeder Jr |
| Case #: | 1:19-cv-01147 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Aug 26, 2019 |
| Last checked: Saturday Feb 22, 2020 3:45 AM EST |
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Defendant
James A. Spielman
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Defendant
St. Aloysius Catholic School
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Represented By
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Defendant
Doe Defendants 1-10, inclusive
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Defendant
St. Aloysius Catholic Church
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Represented By
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Defendant
The Diocese of Buffalo, N.Y.
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Represented By
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Mediator
Michael A. Brady
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Plaintiff
Arthur Porada, Jr.
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Represented By
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| 1. | Buffalo Diocese faces second federal lawsuit over former priest (buffalonews.com) |
| Submitted Thu 08/29/2019 | |
| Docket last updated: 11/24/2024 11:59 PM EST |
| Friday, February 02, 2024 | ||
| 30 | 30
misc
Letter
Fri 02/02 1:12 PM
Letter filed by The Diocese of Buffalo, N.Y. re: status of Diocese bankruptcy . (Scumaci, Robert) |
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| Friday, January 19, 2024 | ||
| 29 | 29
order
Text Order
Fri 01/19 9:40 AM
TEXT ORDER. The parties shall file a joint status report regarding the progress of the bankruptcy proceedings on or before February 2, 2024. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/19/2024. (CDH) |
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| Monday, October 24, 2022 | ||
| 28 | 28
misc
Status Report
Mon 10/24 11:42 AM
STATUS REPORT by The Diocese of Buffalo, N.Y.. (Scumaci, Robert) |
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| Tuesday, October 11, 2022 | ||
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order
Text Order
Tue 10/11 11:24 AM
TEXT ORDER. The parties shall file a joint status report regarding the progress of the bankruptcy proceedings on or before October 25, 2022. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/11/2022. (CDH) |
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| Thursday, March 04, 2021 | ||
| 26 | 26
order
Text Order Referring Case to Magistrate Judge
Thu 03/04 1:25 PM
TEXT ORDER reassigning case referral to Magistrate Judge Hon. H. Kenneth Schroeder, Jr. in place of Hon. Hugh B. Scott. Signed by Mary C. Loewenguth, Clerk of Court on 3/4/2021. (JLV) |
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| Monday, March 01, 2021 | ||
| 25 | 25
misc
Status Report
Mon 03/01 11:50 AM
STATUS REPORT regarding Bankruptcy stay by St. Aloysius Catholic Church, St. Aloysius Catholic School, The Diocese of Buffalo, N.Y.. (Scumaci, Robert) |
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| Friday, January 22, 2021 | ||
| 24 | 24
order
Text Order
Fri 01/22 10:41 AM
TEXT ORDER re: BANKRUPTCY STAY. The parties dispute whether proceedings against defendants St. Aloysius Catholic Church and St. Aloysius Catholic School should be stayed due to the ongoing bankruptcy proceedings of defendant Diocese of Buffalo, N.Y. Plaintiff contends that the stay should not be extended to those non-debtor defendants, arguing that the relevant equitable factors militate against a stay. See Dkt. No. 22-2 at 2-4. The non-debtor defendants respond that a stipulation approved by Chief Judge Bucki during the bankruptcy proceedings operates to stay this action against them. See Dkt. No. 22 at 1; see generally In re Diocese of Buffalo, N.Y. , No. AP 20-1016 2020 WL 7419073 (Bankr. W.D.N.Y. Dec. 7, 2020). At this time, the Court agrees with the non-debtor defendants. Judge Bucki's order indicates that the Official Committee of Unsecured Creditors, on behalf of child-victim plaintiffs, negotiated a stipulation to stay all litigation against so-called "affiliated entities." From the Court's review of the record in the bankruptcy proceedings, Plaintiff is covered by the stipulation, and the non-debtor defendants are identified as "affiliated entities" subject to the stay. Judge Bucki approved the stipulation except as to plaintiffs who (1) explicitly objected or (2) did not receive notice. Plaintiff does not argue that he falls into either category, and he does not explain why the stipulation should not apply here. Accordingly, unless and until Plaintiff can demonstrate otherwise, these proceedings will be stayed against the non-debtor defendants pursuant to Judge Bucki's order. The parties shall provide a joint status report on the progress of the bankruptcy proceedings by March 1, 2021. SO ORDERED. Signed by Hon. Hugh B. Scott on 1/22/2021. (MFM) |
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| Wednesday, December 30, 2020 | ||
| 23 | 23
order
Text Order
Wed 12/30 11:31 AM
TEXT ORDER re:22 Letter filed by St. Aloysius Catholic Church, St. Aloysius Catholic School as to James A. Spielman, Doe Defendants 1-10, inclusive, St. Aloysius Catholic Church, The Diocese of Buffalo, N.Y., St. Aloysius Catholic School. The parties dispute whether this case should remain suspended in light of the related bankruptcy proceedings. The Court takes the matter under advisement, and all deadlines remain suspended until further order of the Court. SO ORDERED. Signed by Hon. Hugh B. Scott on 12/30/2020. (MFM) |
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| Monday, December 28, 2020 | ||
| 22 | 22
misc
Letter
Mon 12/28 3:52 PM
Letter filed by St. Aloysius Catholic Church, St. Aloysius Catholic School as to James A. Spielman, Doe Defendants 1-10, inclusive, St. Aloysius Catholic Church, The Diocese of Buffalo, N.Y., St. Aloysius Catholic School .(Scumaci, Robert) |
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Att: 1
Exhibit Judge Bucki's Bankruptcy Court Order,
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Att: 2
Exhibit Plaintiff's Position Letter
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| Friday, October 02, 2020 | ||
| 21 | 21
order
Text Order
Fri 10/02 12:10 PM
TEXT ORDER re:20 Letter. The Court has reviewed Defendants' update concerning the bankruptcy proceedings. Absent any dispute over the scope of the automatic stay, by January 1, 2021, the non-bankruptcy defendants and Plaintiff will file a joint written Status Report. SO ORDERED. Signed by Hon. Hugh B. Scott on 10/2/2020. (MFM) |
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| Wednesday, September 30, 2020 | ||
| 20 | 20
misc
Letter
Wed 09/30 4:39 PM
Letter filed by The Diocese of Buffalo, N.Y., St. Aloysius Catholic School as to James A. Spielman, Doe Defendants 1-10, inclusive, St. Aloysius Catholic Church, The Diocese of Buffalo, N.Y., St. Aloysius Catholic School update re status of case per Docket 19 . (Scumaci, Robert) |
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| Wednesday, March 25, 2020 | ||
| 19 | 19
order
Text Order 1 - Terminate Deadlines 1 - Terminate Deadlines and Hearings 1 - Terminate Hearings ~Util - Set Deadlines
Wed 03/25 3:51 PM
TEXT ORDER RE:16 Suggestion of Bankruptcy filed by The Diocese of Buffalo, N.Y.,18 Memorandum/Brief filed by St. Aloysius Catholic School, St. Aloysius Catholic Church, The Diocese of Buffalo, N.Y. Unless the scope of the automatic stay becomes a contested issue, the Court will avoid a formal ruling in favor of adjourning pretrial deadlines. All deadlines in the current scheduling order (Dkt. No. 14) are hereby suspended. For the sake of having a control date, the non-bankruptcy parties will file a joint written Status Report on or before 10/1/2020. SO ORDERED. Issued by Hon. Hugh B. Scott on 3/25/2020. (GAI) |
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| Tuesday, March 24, 2020 | ||
| 18 | 18
misc
Memorandum/Brief
Tue 03/24 4:03 PM
MEMORANDUM/BRIEF re 17 Text Order,,, Set Deadlines,, why matter should be stayed by St. Aloysius Catholic Church, St. Aloysius Catholic School, The Diocese of Buffalo, N.Y.. (Scumaci, Robert) |
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| Tuesday, March 10, 2020 | ||
| 17 | 17
order
Text Order ~Util - Set Deadlines
Tue 03/10 2:16 PM
TEXT ORDER RE:16 Suggestion of Bankruptcy filed by The Diocese of Buffalo, N.Y. On or before 3/24/2020, the parties are invited to file a brief statement (letter format acceptable) with any thoughts on how today's Suggestion of Bankruptcy affects the current Scheduling Order (Dkt. No. 14). The Court is particularly interested in how the parties would apply the principle "that stays pursuant to § 362(a) are limited to debtors and do not encompass non-bankrupt co-defendants." Teachers Ins. & Annuity Ass'n of Am. v. Butler , 803 F.2d 61, 65 (2d Cir. 1986) (citations omitted). SO ORDERED. Issued by Hon. Hugh B. Scott on 3/10/2020. (GAI) |
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| 16 | 16
misc
Suggestion of Bankruptcy
Tue 03/10 1:23 PM
SUGGESTION OF BANKRUPTCY Upon the Record as to Diocese of Buffalo by The Diocese of Buffalo, N.Y.. (Scumaci, Robert) |
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| Tuesday, February 11, 2020 | ||
| 15 | 15
adr
Stipulation-Selection of Mediator
Tue 02/11 2:02 PM
Stipulation-Selection of Mediator by St. Aloysius Catholic Church, St. Aloysius Catholic School, The Diocese of Buffalo, N.Y.(Scumaci, Robert) |
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| Tuesday, December 10, 2019 | ||
| 14 | 14
order
Scheduling Order
Tue 12/10 11:43 AM
SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text does 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.) Stipulation of Selection of Mediator due by 1/17/2020. First Mediation Session due by 3/31/2020. Plaintiff Expert Witness ID due by 10/1/2020. Defendant Expert Witness ID due by 11/2/2020. Discovery completed by 12/1/2020. Dispositive Motions due by 3/1/2021. Mediation To End by 4/2/2021. Signed by Hon. Hugh B. Scott on 12/10/2019. (GAI) |
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| Monday, December 09, 2019 | ||
| 13 | 13
misc
Report of Rule 26(f) Planning Meeting
Mon 12/09 2:54 PM
REPORT of Rule 26(f) Planning Meeting. (Scumaci, Robert) |
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| Friday, October 25, 2019 | ||
| 12 | 12
2
pgs
order
Order ~Util - Set Deadlines
Fri 10/25 10:45 AM
TEXT ORDER RE: Scheduling. On or before 12/5/2019, the parties will file a joint report that addresses the issues covered in Rules 16(c) and 26(f) and Local Rule 16(b); any issues not applicable to this case should be mentioned briefly as not applicable. The parties will meet and confer in good faith to accomplish this goal. The parties are further directed to begin Rule 26 initial disclosures immediately. The Court will issue a Scheduling Order after receiving the joint report. Under 28 U.S.C. § 636(c), the parties at any time may consent to have the Magistrate Judge adjudicate individual dispositive proceedings or all proceedings in this case, including a jury or non-jury trial and entry of final judgment. ( See also Fed. R. Civ. P. 73.) The parties are encouraged to consider potential benefits of a Rule 73 consent, including earlier motion resolution and trial scheduling; however, there will be no adverse consequences at all should the parties decline. A copy of the Court's chamber guide, also available on the WDNY website, is attached for counsel's convenience. SO ORDERED. Issued by Hon. Hugh B. Scott on 10/25/2019. (GAI) |
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| Wednesday, October 23, 2019 | ||
| 11 | 11
order
Order Referring Case to Magistrate Judge
Wed 10/23 8:34 AM
TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Hugh B. Scott for all pretrial matters excluding dispositive motions. Signed by Hon. Elizabeth A. Wolford on 10/23/19. (SG) |
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adr
ADR Plan
Wed 10/23 11:29 AM
ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at[LINK:http://www.nywd.uscourts.gov/alternative-dispute-resolution] .(SG) |
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| Tuesday, October 22, 2019 | ||
| 10 | 10
notice
Notice of Appearance
Tue 10/22 4:29 PM
NOTICE of Appearance by Robert G. Scumaci on behalf of St. Aloysius Catholic Church, St. Aloysius Catholic School, The Diocese of Buffalo, N.Y. (Scumaci, Robert) |
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| 9 | 9
misc
Corporate Disclosure Statement
Tue 10/22 4:07 PM
Corporate Disclosure Statement by The Diocese of Buffalo, N.Y..(Crosby, Brian) |
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Att: 1
Certificate of Service
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| 8 | 8
answer
Answer to Complaint
Tue 10/22 3:31 PM
ANSWER to1 Complaint by St. Aloysius Catholic Church, St. Aloysius Catholic School, The Diocese of Buffalo, N.Y..(Crosby, Brian) |
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Att: 1
Certificate of Service
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| Thursday, October 10, 2019 | ||
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utility
Update Answer Due Date
Thu 10/10 10:21 AM
Answer due date updated as to St. Aloysius Catholic Church answer due 10/22/2019; St. Aloysius Catholic School answer due 10/22/2019; The Diocese of Buffalo, N.Y. answer due 10/22/2019 (SG) |
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utility
E-Filing Notification
Thu 10/10 10:23 AM
E-Filing Notification: re5 AFFIDAVIT of Service,6 AFFIDAVIT of Service and4 AFFIDAVIT of Service Modified service dates on 10/10/2019 (SG). (SG) |
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| Tuesday, October 08, 2019 | ||
| 7 | 7
service
Affidavit of Service
Tue 10/08 4:28 PM
AFFIDAVIT of Service for Summons and Complaint served on James A. Spielman on 10/4/2019, filed by Arthur Porada, Jr. (Betti, Michele) |
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| 6 | 6
service
Affidavit of Service
Tue 10/08 4:27 PM
AFFIDAVIT of Service for Summons and Complaint served on St. Aloysius Catholic School on 9/18/2019, filed by Arthur Porada, Jr. (Betti, Michele) |
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| 5 | 5
service
Affidavit of Service
Tue 10/08 4:25 PM
AFFIDAVIT of Service for Summons and Complaint served on St. Aloysius Catholic Church on 9/18/2019, filed by Arthur Porada, Jr. (Betti, Michele) |
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| 4 | 4
service
Affidavit of Service
Tue 10/08 4:23 PM
AFFIDAVIT of Service for Summons and Complaint served on The Diocese of Buffalo, NY on 9/18/2019, filed by Arthur Porada, Jr. (Betti, Michele) |
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| Friday, September 20, 2019 | ||
| 3 | 3
service
Summons Issued
Fri 09/20 11:25 AM
Summons Issued as to James A. Spielman, St. Aloysius Catholic Church, St. Aloysius Catholic School, The Diocese of Buffalo, N.Y.. (SG) |
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| Tuesday, September 17, 2019 | ||
| 2 | 2
misc
Continuation of Exhibits
Tue 09/17 6:33 PM
CONTINUATION OF EXHIBITS by Arthur Porada, Jr. individual summons for each defendant filed by Arthur Porada, Jr.(Betti, Michele) |
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Att: 1
Exhibit Summons Diocese of Buffalo, NY,
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Att: 2
Exhibit Summons Summons St. Aloysius Catholic Church,
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Att: 3
Exhibit Summons Summons St. Aloysius Catholic School,
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Att: 4
Exhibit Summons James A. Spielman Hawaii,
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Att: 5
Exhibit Summons James A. Spielman New York
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| Tuesday, August 27, 2019 | ||
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utility
Case Assigned/Reassigned
Tue 08/27 4:57 PM
Case assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (SG) |
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adr
Automatic Referral to Mediation
Tue 08/27 4:58 PM
AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at[LINK:http://www.nywd.uscourts.gov/alternative-dispute-resolution] (SG) |
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notice
Notice of Availability of Magistrate Judge
Tue 08/27 4:58 PM
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[LINK:http://www.uscourts.gov/services-forms/forms] . (SG) |
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utility
E-Filing Notification
Tue 08/27 5:00 PM
E-Filing Notification: Re1 COMPLAINT; Attorney is directed to submit an individual summons for each defendant, as one pdf document, using the Continuation of Exhibits event found under Responses and Replies. (SG) |
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| Monday, August 26, 2019 | ||
| 1 | 1
cmp
Complaint
Mon 08/26 4:43 PM
COMPLAINT PLAINTIFF ARTHUR PORADA, JR against All Defendants $ 400 receipt number 0209-3565821, filed by ARTHUR PORADA, JR.(Betti, Michele) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons
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