Smigiel v. College of Staten Island et al

New York Eastern District Court
Judge:	Carol Bagley Amon
Referred:	Robert M Levy
Case #:	1:21-cv-06323
Nature of Suit	448 Civil Rights - Education
Cause	28:1983 Civil Rights

Case Filed:	Nov 15, 2021
Terminated:	Feb 22, 2023

Last checked: Saturday May 14, 2022 4:34 AM EDT

Defendant College of Staten Island	Represented By Jane P. Rosales Nys Office Of The Attorney General contact info
Defendant Dr. Frances Melendez	Represented By Jane P. Rosales Nys Office Of The Attorney General contact info
Defendant Dr. Lauren Rogers-Sirin	Represented By Jane P. Rosales Nys Office Of The Attorney General contact info
Plaintiff Daniel Smigiel	Represented By Keith Altman The Law Office Of Keith Altman contact info

GPO Dec 21 2023
MEMORANDUM AND ORDER: Plaintiff's motion for leave to amend 27-1 is denied. Ordered by Judge Carol Bagley Amon on 12/21/2023. (EF)

Docket last updated: 04/22/2025 11:59 PM EDT

Thursday, December 21, 2023
32		32 9 pgs order Memorandum & Opinion Thu 12/21 3:58 PM MEMORANDUM AND ORDER: Plaintiff's motion for leave to amend27 -1 is denied. Ordered by Judge Carol Bagley Amon on 12/21/2023. (EF) Related: [-]
Friday, April 28, 2023
31		31 respoth Reply in Opposition Fri 04/28 12:36 PM REPLY in Opposition re30 Memorandum in Opposition,28 Response to Motion filed by Daniel Smigiel. (Altman, Keith) Related: [-]
Monday, April 24, 2023
30		30 8 pgs respoth Memorandum in Opposition Mon 04/24 2:08 PM MEMORANDUM in Opposition to Plaintiff's Motion for Leave to Amend the Complaint filed by All Defendants. (Rosales, Jane) Related: [-]
Monday, April 03, 2023
		minutes Pre Motion Conference Mon 04/03 11:36 AM Minute Entry for pre-motion conference held before Judge Carol Bagley Amon on April 3, 2023. Appearances: For Plaintiff: Keith Altman. For Defendants: Jane P. Rosales. The briefing schedule for Plaintiff's motion is as follows: The Court will deem Plaintiff's motion for leave to amend and proposed amended complaint filed as of today's date. Defendants' opposition shall be filed by April 24, 2023, and Plaintiff's reply, if any, shall be filed by May 8, 2023. (Court Reporter Andronikh Barna.) (MT) Related: [-]
Wednesday, March 29, 2023
		order Scheduling Order Wed 03/29 10:06 AM ORDER granting29 Request to Appear Telephonically. The pre-motion conference previously scheduled to be in person on April 3, 2023 at 11:00 a.m. will now be held telephonically. Counsel are directed to call the toll free number 888-398-2342, no later than 10:50 a.m. on April 3, 2023, and enter the access code 1840743, followed by the pound key. These proceedings will be recorded by a court reporter. The attorneys are reminded that they are not to independently record any court proceedings, pursuant to Local Civil Rule 1.8. Ordered by Judge Carol Bagley Amon on 3/29/2023. (MT) Related: [-]
Tuesday, March 28, 2023
29		29 misc Letter Tue 03/28 12:36 PM Letter requesting to appear remotely at 4/3/2023 pre-motion conference by Daniel Smigiel (Altman, Keith) Related: [-]
Monday, March 27, 2023
		order Order on Motion for Pre Motion Conference Mon 03/27 11:06 AM ORDER granting27 Motion for Pre Motion Conference. Pre-motion conference on plaintiff's motion for leave to amend the complaint will be held on April 3, 2023 at 11:00 a.m. in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Carol Bagley Amon on 3/27/2023. (MT) Related: [-]
Friday, March 24, 2023
28		28 respm Response to Motion Fri 03/24 3:15 PM RESPONSE to Motion re27 Letter MOTION for pre motion conference filed by All Defendants. (Rosales, Jane) Related: [-]
Thursday, March 23, 2023
27		27 motion Pre Motion Conference Thu 03/23 3:57 PM Letter MOTION for pre motion conference by Daniel Smigiel. (Altman, Keith) Related: [-]
		Att: 1 Exhibit 1 - Proposed Motion for Leave to Amend,
		Att: 2 Certificate of Service
Wednesday, February 22, 2023
26		26 1 pgs order Judgment - Clerk Wed 02/22 3:53 PM CLERK'S JUDGMENT: A Memorandum and Order of the Honorable Carol B. Amon, United States District Judge, having been filed on February 21, 2023, granting Defendants' motion to dismiss; it is ORDERED and ADJUDGED that Defendants' motion to dismiss is granted. Signed by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 2/22/2023. (EF) Related: [-]
Tuesday, February 21, 2023
25		25 14 pgs order Order on Motion to Dismiss for Failure to State a Claim Tue 02/21 11:14 AM MEMORANDUM AND ORDER granting20 Motion to Dismiss for Failure to State a Claim: For these reasons, Defendants' motion to dismiss is GRANTED. Ordered by Judge Carol Bagley Amon on 2/21/2023. (EF) (fwd for judgment) Related: [-]
Wednesday, December 14, 2022
		order Order Reassigning Case Wed 12/14 1:52 PM ORDER REASSIGNING CASE. Case reassigned to Judge Carol Bagley Amon for all further proceedings. Chief Judge Margo K. Brodie no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 12/14/2022. (SR) Related: [-]
Thursday, July 07, 2022
24		24 misc Letter Thu 07/07 1:49 PM Letter courtesy copy cover letter by College of Staten Island, Frances Melendez, Lauren Rogers-Sirin (Rosales, Jane) Related: [-]
23		23 respoth Reply in Support Thu 07/07 1:13 PM REPLY in Support of Defendants' Motion to Dismiss filed by College of Staten Island, Frances Melendez, Lauren Rogers-Sirin. (Rosales, Jane) Related: [-]
22		22 respm Response in Opposition to Motion Thu 07/07 11:14 AM RESPONSE in Opposition re20 MOTION to Dismiss for Failure to State a Claim & Lack of Subject Matter Jurisdiction filed by Daniel Smigiel. (Altman, Keith) Related: [-]
21		21 25 pgs respoth Memorandum in Support Thu 07/07 10:05 AM MEMORANDUM in Support re20 MOTION to Dismiss for Failure to State a Claim & Lack of Subject Matter Jurisdiction filed by College of Staten Island, Frances Melendez, Lauren Rogers-Sirin. (Rosales, Jane) Related: [-]
20		20 motion Dismiss for Failure to State a Claim Thu 07/07 10:01 AM MOTION to Dismiss for Failure to State a Claim & Lack of Subject Matter Jurisdiction by College of Staten Island, Frances Melendez, Lauren Rogers-Sirin. (Rosales, Jane) Related: [-]
Wednesday, June 22, 2022
19		19 misc Letter Wed 06/22 12:50 PM Letter Cover Letter to Defendant re: Response in Opposition to Motion to Dismiss by Daniel Smigiel (Altman, Keith) Related: [-]
Monday, May 09, 2022
18		18 misc Letter Mon 05/09 11:21 AM Letter cover letter to Plaintiff RE: motion to dismiss by College of Staten Island, Frances Melendez, Lauren Rogers-Sirin (Rosales, Jane) Related: [-]
Saturday, March 26, 2022
		order Scheduling Order Sat 03/26 6:18 PM SCHEDULING ORDER: The Court adopts the parties'17 proposed briefing schedule for Defendants' anticipated motion. Defendants shall file their motion on or before May 9, 2022; Plaintiff shall file his opposition on or before June 23, 2022; and Defendants shall file their reply, if any, on or before July 7, 2022. Ordered by Chief Judge Margo K. Brodie on 3/26/2022. (Ding, Leo) Related: [-]
Thursday, March 24, 2022
17		17 1 pgs misc Proposed Scheduling Order Thu 03/24 11:28 AM Proposed Scheduling Order Proposed Briefing Schedule by College of Staten Island, Frances Melendez, Lauren Rogers-Sirin (Rosales, Jane) Related: [-]
Tuesday, March 15, 2022
		order Order on Motion for Pre Motion Conference Tue 03/15 10:41 PM ORDER denying15 Defendants' letter motion for pre-motion conference. The parties are directed to confer and file a proposed briefing schedule for Defendants' motion to dismiss on or before March 25, 2022. Ordered by Chief Judge Margo K. Brodie on 3/15/2022. (Ding, Leo) Related: [-]
Monday, March 14, 2022
16		16 2 pgs respm Response to Motion Mon 03/14 4:19 PM RESPONSE to Motion re15 MOTION for pre motion conference filed by Daniel Smigiel. (Altman, Keith) Related: [-]
Monday, March 07, 2022
		order Order(Other) Mon 03/07 7:16 PM ORDER re15 motion for pre motion conference. The Court orders Plaintiff to respond to Defendants' motion on or before March 14, 2022. Ordered by Chief Judge Margo K. Brodie on 3/7/2022. (Ding, Leo) Related: [-]
Friday, March 04, 2022
15		15 motion Pre Motion Conference Fri 03/04 4:13 PM MOTION for pre motion conference by College of Staten Island, Frances Melendez, Lauren Rogers-Sirin. (Rosales, Jane) Related: [-]
14		14 notice Notice of Appearance Fri 03/04 4:00 PM NOTICE of Appearance by Jane Peridas Rosales on behalf of All Defendants (aty to be noticed) (Rosales, Jane) Related: [-]
Monday, February 14, 2022
13		13 service Summons Returned Executed Mon 02/14 2:28 PM SUMMONS Returned Executed by Daniel Smigiel. Lauren Rogers-Sirin served on 2/14/2022, answer due 3/7/2022. (Altman, Keith) Related: [-]
12		12 service Summons Returned Executed Mon 02/14 2:27 PM SUMMONS Returned Executed by Daniel Smigiel. Frances Melendez served on 2/14/2022, answer due 3/7/2022. (Altman, Keith) Related: [-]
11		11 service Summons Returned Executed Mon 02/14 2:25 PM SUMMONS Returned Executed by Daniel Smigiel. College of Staten Island served on 2/14/2022, answer due 3/7/2022. (Altman, Keith) Related: [-]
Thursday, January 13, 2022
10		10 motion Appear Pro Hac Vice Thu 01/13 3:49 PM MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15192750. by Daniel Smigiel. (Altman, Keith) Related: [-]
		Att: 1 Affidavit
		order Order on Motion for Leave to Appear Pro Hac Vice Thu 01/13 4:40 PM ORDER granting10 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Robert M. Levy on 1/13/2022. (Marino, Janine) Related: [-]
Friday, January 07, 2022
		order Order on Motion for Leave to Appear Pro Hac Vice Fri 01/07 3:42 PM ORDER RE9 Motion for Leave to Appear Pro Hac Vice. The motion is denied with leave to re-file with certificates of good standing. Pursuant to Local Civil Rule 1.3, an application to appear pro hac vice shall be accompanied by a certificate of the clerk of the court for each of the states in which the applicant is a member of the bar, which has been issued within thirty (30) days of filing and states that the applicant is a member in good standing of the bar of that state court. Ordered by Magistrate Judge Robert M. Levy on 1/7/2022. (Marino, Janine) Related: [-]
Tuesday, January 04, 2022
9		9 1 pgs motion Appear Pro Hac Vice Tue 01/04 3:59 PM First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15162916. by Daniel Smigiel. (Altman, Keith) Related: [-]
		Att: 1 Affidavit Affidavit in Support of Motion for PHV
Tuesday, November 16, 2021
8		8 misc Quality Control Check - Attorney Case Opening Tue 11/16 9:00 AM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) Related: [-]
7		7 misc Clerks Notice of Rule 73 Tue 11/16 8:59 AM In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Neptune, Pierre) Related: [-]
6		6 service Summons Issued Tue 11/16 8:58 AM Summons Issued as to All Defendants. (Neptune, Pierre) Related: [-]
Monday, November 15, 2021
5		5 misc Proposed Summons/Civil Cover Sheet Mon 11/15 5:27 PM Proposed Summons. by Daniel Smigiel (Altman, Keith) Related: [-]
4		4 misc Proposed Summons/Civil Cover Sheet Mon 11/15 5:26 PM Proposed Summons. by Daniel Smigiel (Altman, Keith) Related: [-]
3		3 misc Proposed Summons/Civil Cover Sheet Mon 11/15 5:25 PM Proposed Summons. by Daniel Smigiel (Altman, Keith) Related: [-]
2		2 misc Proposed Summons/Civil Cover Sheet Mon 11/15 5:10 PM Civil Cover Sheet.. Re1 Complaint, by Daniel Smigiel (Altman, Keith) Related: [-]
1		1 16 pgs cmp Complaint Mon 11/15 3:30 PM COMPLAINT against College of Staten Island, Frances Melendez, Lauren Rogers-Sirin filing fee $ 402, receipt number ANYEDC-15030275 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Daniel Smigiel. (Altman, Keith) Related: [-]
		Att: 1 Civil Cover Sheet
		notice Notice: Re: Incomplete Civil Cover Sheet Mon 11/15 3:40 PM Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet (MISSING SECOND PAGE FORM). All questions * INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY* section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) Related: [-]
		utility Case Assigned/Reassigned Tue 11/16 8:48 AM Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Neptune, Pierre) Related: [-]

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