日志
纽约周教授被歧视案的艰难历程
热度 5 |
在美国，华人要获得正义，必须坚决斗争。周的案子先是被主审法官于2011年简单枪毙，并且立刻宣布被告获胜，而被告开始纷纷索取诉讼费用。周上诉到第二巡回法院，这才获得陪审团审判的机会。
（更正：之前我看错了日期，以为刚递上去不久就推翻了）
一年后，巡回法院的命令如下：zhou-v-suny-mandate.pdf 。
这个推翻原判决的简约命令是由书记员代表整个巡回法院签署。可见，这个案子最初判决错得离谱。
U.S. District Court
从第二巡回法院的这个命令可以看出，主审法官基本是照抄被告的动议，而根本不考虑对原告有利的证据---这违背了最起码的规则。
案卷目录如下
U.S. District Court
Northern District of New York - Main Office (Syracuse) [LIVE - Version 5.1.1] (Utica)
CIVIL DOCKET FOR CASE #: 6:08-cv-00444-GTS-ATB
Zhou v. State University of New York Institute of Technology et al Assigned to: Judge Glenn T. Suddaby Referred to: US Magistrate Judge Andrew T. Baxter
| Date Filed: 04/23/2008 Date Terminated: 05/23/2013 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question |
| Plaintiff | ||
| Xu-Shen Zhou 304 Richardson Avenue 2nd Floor Utica, NY 13502 315-601-0430 also known as Jason Zhou | represented by | Ross P. Andrews Satter, Andrews Law Firm 217 South Salina Street 6th Floor Syracuse, NY 13202 315-471-0405 Fax: 315-471-7849 Email: randrews@satterandrews.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Sarah E. Ruhlen Satter, Andrews Law Firm 217 South Salina Street 6th Floor Syracuse, NY 13202 315-471-0405 Fax: 315-471-7849 Email: sruhlen@satterandrews.com ATTORNEY TO BE NOTICED |
V. | ||
| Defendant | ||
| State University of New York Institute of Technology | represented by | Christina L. Roberts-Ryba Nixon, Peabody Law Firm - Albany Office 677 Broadway 10th Floor Albany, NY 12207 518-427-2671 Fax: 866-797-9950 Email: crobertsryba@nixonpeabody.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas J. Goglia New York State Attorney General - Albany Office The Capitol Albany, NY 12224 518-474-6800 Fax: 518-473-1572 Email: douglas.goglia@ag.ny.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Susan C. von Reusner New York State Attorney General - Albany Office The Capitol Albany, NY 12224 518-474-1968 Fax: 518-473-6818 Email: susan.vonreusner@oag.state.ny.us TERMINATED: 05/16/2013 |
| Defendant | ||
| Dr. Lisa Berardino personally and in their official capacity | represented by | Christina L. Roberts-Ryba (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas J. Goglia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Susan C. von Reusner (See above for address) TERMINATED: 05/16/2013 |
| Defendant | ||
| Dr. Stephen Havlovic personally and in their official capacity | represented by | Christina L. Roberts-Ryba (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas J. Goglia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Susan C. von Reusner (See above for address) TERMINATED: 05/16/2013 |
| Defendant | ||
| Dr. William Langdon personally and in their official capacity | represented by | Christina L. Roberts-Ryba (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas J. Goglia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Susan C. von Reusner (See above for address) TERMINATED: 05/16/2013 |
| Defendant | ||
| Dr. Peter Spina personally and in their official capacity TERMINATED: 09/14/2011 | represented by | Christina L. Roberts-Ryba (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas J. Goglia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Susan C. von Reusner (See above for address) TERMINATED: 05/16/2013 |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/23/2008 | 1 | COMPLAINT against State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina (Filing fee $350 receipt number UTC001205) filed by Xu-Shen Zhou. (Attachments: # 1Civil Cover Sheet)(see) (Entered: 04/24/2008) |
| 04/23/2008 | Summons Issued manually as to State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina. (see) (Entered: 04/24/2008) | |
| 04/23/2008 | 2 | G.O. 25 FILING ORDER ISSUED: Civil Case Management Plan due by 9/22/2008. Initial Conference set for 10/2/2008 11:00 AM in Syracuse before Magistrate Judge Gustave J. DiBianco. (see) (Entered: 04/24/2008) |
| 04/23/2008 | 3 | PRO SE HANDBOOK and NOTICE issued and explained to Xu-Shen Zhou at time complaint was filed. (see) (Entered: 04/24/2008) |
| 05/08/2008 | 4 | SUMMONS Returned Executed by Xu-Shen Zhou. Dr. Stephen Havlovic served on 4/24/2008, answer due 5/14/2008. (see) (Entered: 05/08/2008) |
| 05/08/2008 | 5 | SUMMONS Returned Executed by Xu-Shen Zhou. State University of New York Institute of Technology served on 4/24/2008 through Dr. Peter Spina, President, answer due 5/14/2008. (see) (Entered: 05/08/2008) |
| 05/08/2008 | 6 | SUMMONS Returned Executed by Xu-Shen Zhou. Dr. Peter Spina served on 4/24/2008, answer due 5/14/2008. (see) (Entered: 05/08/2008) |
| 05/08/2008 | 8 | NOTICE of Change of Address by Xu-Shen Zhou Effective Date 5/9/2008 Old Address: 121 trails Crossing; Whitesboro, NY 13492 New Address: 18 West Lake Street; Apt. B; Skaneateles, NY 13152. (see) (Entered: 05/09/2008) |
| 05/09/2008 | 7 | MOTION to Dismiss Motion Hearing set for 6/27/2008 10:00 AM in Auburn before Judge David N. Hurd Response to Motion due by 6/10/2008 Reply to Response to Motion due by 6/16/2008. filed by State University of New York Institute of Technology, Dr. Stephen Havlovic, Dr. Peter Spina. (Attachments: # 1 Memorandum of Law, # 2 Declaration of Douglas J. Goglia, AAG, # 3 Exhibit(s) Exhb A to Goglia Dec (EEOC Charge), # 4 Appendix Chapman v. DFY, # 5 Appendix Coltin v. Corp. for Justice Mgmt., # 6 Appendix Tiu-Malabanan v. Univ. of Rocheste) (Goglia, Douglas) (Additional attachment(s) added on 5/13/2008: # 7 Corrected Memorandum of Law) (see, ). Modified on 5/13/2008, In accordance w/the 5/13/2008 Order, Clerk removed the original Memorandum of Law & replaced it with a corrected version which was included with counsel's 10 letter request. (see, ). (Entered: 05/09/2008) |
| 05/12/2008 | 9 | AFFIDAVIT re 7 MOTION to Dismiss re: service via mail on plainitff at new address (on May 9, 2008) by State University of New York Institute of Technology, Dr. Stephen Havlovic, Dr. Peter Spina. (Goglia, Douglas) (Entered: 05/12/2008) |
| 05/12/2008 | 10 | Letter Motion from Douglas J. Goglia, AAG for State University of New York Institute of Technology, Dr. Stephen Havlovic, Dr. Peter Spina requesting Substitution of Corrected Memo of Law submitted to Judge Hurd. (Attachments: # 1 Memorandum of Law Corrected, # 2 Declaration of Service)(Goglia, Douglas) (Entered: 05/12/2008) |
| 05/13/2008 | ORDER granting 10 Letter Request,. Signed by Judge David N. Hurd on 5/13/2008. (cer, ) (Entered: 05/13/2008) | |
| 05/13/2008 | CLERK'S CORRECTION OF DOCKET ENTRY re 7 Memorandum of Law: Pursuant to the 5/13/2008 Text Order, Clerk removed the original memorandum of law & replaced it with a corrected version. The corrected version was filed as an attachment to the 10 letter request. (see) (Entered: 05/13/2008) | |
| 06/06/2008 | 11 | RESPONSE in Opposition to # 7 MOTION to Dismiss filed by Xu-Shen Zhou. (Attachments: # 1 Memorandum of Law, # 2certificate of service)(lmw) (Entered: 06/06/2008) |
| 06/10/2008 | Set/Reset Deadlines as to 7 MOTION to Dismiss. Motion Hearing set for 6/27/2008 on SUBMIT, with no appearances required, before Judge David N. Hurd. (see) (Entered: 06/10/2008) | |
| 06/10/2008 | Clerk mailed a copy of the 6/10/2008 Text Notice of Hearing on Motion to pltf by regular mail on 6/10/2008. (see) (Entered: 06/10/2008) | |
| 06/27/2008 | 12 | NOTICE of Change of Address by Xu-Shen Zhou Effective Date 6/27/2008 New Address: 10 Kane Ave.; Apt. 3B; Skaneateles, NY 13152 (see) (Entered: 06/27/2008) |
| 07/01/2008 | 13 | ORDER re 7 Motion to Dismiss : the section 1981 claims against defts SUNYIT, Havlovic and Spina in their official capacity are DISMISSED; the Title VII claims against defts Havlovic and Spina in their individual capacities are DISMISSED; defts shall file and serve an answer to remaining allegations by 7/14/08. Signed by Judge David N. Hurd on 6/30/08. (cbm ) (Entered: 07/01/2008) |
| 07/01/2008 | 14 | Return of service of SUMMONS and complaint as to defts Langdon (served 6/10/08) and Bernardino (served 6/11/08). (cbm ) (Entered: 07/01/2008) |
| 07/14/2008 | 15 | Letter Motion from Douglas J. Goglia, AAG for State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina requesting Extension of Answer Deadline submitted to Judge DiBianco. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 07/14/2008) |
| 07/15/2008 | 16 | ORDER granting # 15 Letter Request: answer deadline for all defendants is 7/18/2008. Signed by Magistrate Judge Gustave J. DiBianco on 7/15/08. (Copy served upon plaintiff via regular mail) (lmw) (Entered: 07/15/2008) |
| 07/15/2008 | 17 | ANSWER to 1 Complaint, with Jury Demand by State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 07/15/2008) |
| 09/19/2008 | 18 | ORDER The Court hereby schedules a TELEPHONE Rules 16/Status Conference for 10/2/2008 11:00 AM before Magistrate Judge George H. Lowe. Attorney Goglia is to schedule a telephone conference with the Court and the plaintiff for 10/2/08 @ 11:00 am; a telephone conference service must be used. Plaintiff Zhou must provide attorney Goglia with his telephone number by September 25, 2008, and must participate in the conference; the parties must complete the Civil Case Management Plan by 9/22/2008. Plaintiff must notify this Court in writing no later than Thursday, September 25, 2008, if plaintiff requests any change in the hearing. Signed by Magistrate Judge Gustave J. DiBianco on 9/19/08. Non-electronic parties served via USPS. (mnm) (Entered: 09/19/2008) |
| 09/22/2008 | 19 | CIVIL CASE MANAGEMENT PLAN by Xu-Shen Zhou, State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 09/22/2008) |
| 10/02/2008 | Minute Entry for proceedings held before Magistrate Judge Gustave J. DiBianco: RECORDED Initial Status Conference held on 10/2/2008. APPEARANCES: Xu-Shen Zhou, Pro Se Plaintiff; Douglas J. Goglia, AAG for Defts. Scheduling order to be issued by the court. The court removes this case from the ADR Program. Initial disclosures are to be made by 11/2/08. Expert disclosures are due by 4/10/09. (Tape #1576) (kmg) (Entered: 10/02/2008) | |
| 10/02/2008 | 20 | UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 4 days. Joinder of Parties due by 11/7/2008. Amended Pleadings due by 11/7/2008. Discovery due by 7/10/2009. Motions to be filed by 10/9/2009. Signed by Magistrate Judge Gustave J. DiBianco on 10/2/08. (mnm) (Entered: 10/03/2008) |
| 10/06/2008 | 21 | NOTICE of Change of Address by Xu-Shen Zhou Effective Date 9/29/2008 New Address: 5428 Mt. Zion Road, Apt. B, Milford, OH 45150. (see) (Entered: 10/07/2008) |
| 11/07/2008 | 22 | MOTION to Amend the Complaint filed by Xu-Shen Zhou. (Attachments: # 1 Proposed Amended Pleading) Motions referred to Gustave J. DiBianco. (see) Modified on 11/12/2008 (mnm). Modified on 11/21/2008 (nas, ). (Entered: 11/07/2008) |
| 11/12/2008 | 23 | ***VACATED***ORDER TO STRIKE -- The Plaintiff's 22 Motion to Amend/Correct shall be stricken from the docket. Because the plaintiff's submission is being stricken from the docket, it will not be considered by the Court. The Plaintiff's submission is not in proper form. Plaintiff's proposed amended pleading shall not incorporate by reference any portion of any prior pleading, any such motion must be filed on or before 12/1/08. Signed by Magistrate Judge Gustave J. DiBianco on 11/12/08. Non-electronic parties served via USPS. (mnm) Modified on 11/21/2008 (nas, ). (Entered: 11/12/2008) |
| 11/21/2008 | TEXT ORDER VACATING 23 Order STRIKING Motion to Amend/Correct. Motion was stricken due to clerical error. Authorized by NAS as per direction of Magistrate Judge Gustave J. DiBianco on 11/21/08. {order mailed to all non-ecf parties}(nas) Modified on 11/21/2008 (nas, ). (Entered: 11/21/2008) | |
| 11/21/2008 | TEXT NOTICE of Hearing on Motion 22 MOTION to Amend/Correct 1 Complaint, : ON SUBMISSION ONLY, returnable before Magistrate DiBianco on 1/4/09. Response to Motion due by 12/18/2008 {notice mailed to all non-ecf parties}(nas) (Entered: 11/21/2008) | |
| 12/01/2008 | 24 | NOTICE of Change of Address by Xu-Shen Zhou Effective Date 11/28/2008 New Address: 4190 Matson Ave. #2, Cincinnati, OH 45236. [Address updated on system] (see) (Entered: 12/01/2008) |
| 12/30/2008 | 25 | RESPONSE to Motion re 22 MOTION to Amend/Correct 1 Complaint, filed by State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 12/30/2008) |
| 01/06/2009 | 26 | Letter to pltf from Judge Hurd, dd 1/5/09. (cbm ) (Entered: 01/06/2009) |
| 03/18/2009 | 27 | ORDER - There is no objection to plaintiff's Amended Complaint. Plaintiff's 22 Motion to Amend is granted. Plaintiff may file his Amended Complaint which must be the exact same Amended Complaint contained in the motion. Plaintiff must serve the amended Complaint upon counsel for the defendants. Signed by Magistrate Judge Gustave J. DiBianco on 3/18/09. Service upon non-electronic parties via USPS. (mnm) (Entered: 03/19/2009) |
| 04/06/2009 | 28 | AMENDED COMPLAINT against State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina filed by Xu-Shen Zhou. (Attachments: # 1 Declaration, # 2 Certificate of Service)(mnm) (Entered: 04/06/2009) |
| 04/20/2009 | 29 | NOTICE of Appearance by Susan C. von Reusner on behalf of all defendants (von Reusner, Susan) (Entered: 04/20/2009) |
| 04/20/2009 | 30 | ANSWER to 28 Amended Complaint by State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina. (Attachments: # 1 Declaration of Service)(von Reusner, Susan) (Entered: 04/20/2009) |
| 06/19/2009 | 31 | NOTICE of Change of Address by Xu-Shen Zhou Effective Date 6/12/2009 New Address: 8 Wilbur Road, New Hartford, NY 13413. {Address updated in CM/ECF} (see) (Entered: 06/19/2009) |
| 07/07/2009 | 32 | Letter Motion from Douglas J. Goglia, AAG for State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina requesting adjournment of discovery cut-off and motion deadline submitted to Judge DiBianco. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 07/07/2009) |
| 07/08/2009 | 33 | ORDER: Granting the # 32 Letter Request as follows: Plaintiff is to complete outstanding discovery responses by 8/7/2009; all depositions must be scheduled by 8/28/2009, and completed by 10/15/2009; Discovery deadline is 10/30/2009; Motion deadline is 1/30/2010. Signed by Magistrate Judge Gustave J. DiBianco on 7/8/2009. {Copy served upon pro se Plaintiff by regular mail} (mae) (Entered: 07/09/2009) |
| 09/17/2009 | 34 | Letter Motion from Douglas J. Goglia, AAG for State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina requesting Court Conference re: Discovery Issues submitted to Judge DiBianco. (Attachments: # 1 Appendix P's Am Response to D's Interrogatories.pdf, # 2 Appendix P's Am Response to D's Document Demands.pdf, # 3 Appendix Deficiency Letter 9_16_09.pdf, # 4 Declaration of Service)(Goglia, Douglas) (Entered: 09/17/2009) |
| 09/24/2009 | 35 | Letter Request/Motion from plaintiff, Xu-Shen Zhou, requesting a conference be scheduled submitted to Judge DiBianco. (mnm) (Entered: 09/25/2009) |
| 09/24/2009 | 36 | ORDER granting 34 Letter Request, granting for the scheduling of a conference. The Court hereby schedules a discovery conference. Discovery Hearing set for 10/16/2009 10:30 AM in Syracuse before Magistrate Judge Gustave J. DiBianco. The plaintiff must notify the Court and counsel for defendants in writing no later than 10/1/09 if plaintiff requests any change in hearing date. Served plaintiff via USPS. Signed by Magistrate Judge Gustave J. DiBianco on 9/24/09. (mnm) (Entered: 09/25/2009) |
| 09/25/2009 | 37 | ORDER Presently before the Court is 35 Submission from plaintiff. There is no indication this submission was served upon opposing counsel. Normally, the Court would strike this submission for that reason alone. Plaintiff is directed that all submissions to the Court must be served upon opposing counsel. Therefore, the Court will grant the (35) request and schedule an in-person conference. Plaintiff must serve a copy of this entire submission to counsel for defendants, and must serve a copy of any future submission on opposing counsel. Service via USPS non-electronic parties. Signed by Magistrate Judge Gustave J. DiBianco on 9/25/09. (mnm) (Entered: 09/25/2009) |
| 09/26/2009 | 38 | Letter Motion from Douglas J. Goglia, AAG for State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina requesting that plaintiff withdraw motion to quash made in M.D. Pa. submitted to Judge DiBianco (Courtesy Copy of Letter served on Plaintiff in anticipation of October 16, 2009 Disacovery Conference). (Attachments: # 1 Appendix Kingsway Fin. Servs. v. Pricewaterhouse-Coopers LLP, 2008 U.S. Dist. LEXIS 77018 (need prejudice).pdf, # 2 Appendix Seewald v. IIS Intelligent Info. Sys., 1996 U.S. Dist. LEXIS 22497.pdf, # 3 Declaration of service)(Goglia, Douglas) (Entered: 09/26/2009) |
| 10/05/2009 | 39 | RESPONSE in Opposition re 38 Letter Motion from Douglas J. Goglia, AAG for State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina requesting that plaintiff withdraw motion to quash made in M.D. Pa. filed by Xu-Shen Zhou. (mnm) (Entered: 10/05/2009) |
| 10/05/2009 | 40 | LETTER BRIEF in opposition to Plaintiff's request for an adjournment of October 16, 2009 Discovery Conference by State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina. (Attachments: # 1 Appendix Zhou letter to M.J. DiBianco dated 10/1/09, # 2 Appendix Letter to Defs from Zhou dated 9/29/09, # 3 Appendix Defs' Letter to Zhou dated 10/5/09.pdf, # 4 Declaration of Service)(Goglia, Douglas) (Entered: 10/05/2009) |
| 10/06/2009 | 41 | Letter Motion filed by Xu-Shen Zhou requesting an adjournment of the Discovery Conference, submitted to Magistrate Judge DiBianco. {Document originally received in GJD chambers on 10/2/2009} (mae) (Entered: 10/06/2009) |
| 10/06/2009 | 42 | ORDER: Denying the # 41 Letter Request to postpone the in-person discovery conference. Plaintiff and counsel for Defendants are Ordered to appear in U.S. Magistrate's Court, C-215 U.S. Courthouse, 100 South Clinton Street, Syracuse, NY at 10:30 AM on 10/16/2009. Further Ordered that if Plaintiff or Defense counsel fail to appear they may be subject to sanctions. Signed by Magistrate Judge Gustave J. DiBianco on 10/6/2009. {Copy served upon Plaintiff by regular mail} (mae) (Entered: 10/06/2009) |
| 10/16/2009 | TEXT Minute Entry for proceedings held before Magistrate Judge Gustave J. DiBianco: Discovery Hearing held on 10/16/2009. APPEARANCES: Xu-Shen Zhou, Plaintiff, Pro Se; Douglas J. Goglia, AAG & Susan C. Von Reusner, AAG for Defts. RULINGS: Several rulings made - Assistant Attorney General Goglia directed to prepare proposed order outlining rulings. [FTR recorded] (kmg) (Entered: 10/20/2009) | |
| 10/19/2009 | 43 | TRANSCRIPT REQUEST by State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina for proceedings held on 10/16/09 before Judge DiBianco.. (Goglia, Douglas) (Entered: 10/19/2009) |
| 10/20/2009 | 44 | NOTICE of Change of Address by Xu-Shen Zhou Effective Date 10/16/09. New Address: 304 Richardson Avenue, 2nd Floor, Utica, NY 13502 (mnm) (Entered: 10/21/2009) |
| 10/23/2009 | 45 | Letter Request/Motion from plaintiff, Xu-Shen Zhou, requesting the Judge NOT issue subpoena submitted to Judge DiBianco. ** this letter is, apparently, in response to a letter from defendant to the Court dated 10/20/09, that is not currently on the docket ** (mnm) (Entered: 10/26/2009) |
| 10/23/2009 | 46 | Letter Motion from Douglas J. Goglia for the State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, and Dr. Peter Spina requesting issuance of the attached subpoena submitted to Judge DiBianco. (Attachments: # 1 Exhibit - Subpoena in a Civil Case) (mae) (Entered: 10/30/2009) |
| 10/30/2009 | 47 | ORDER: Denying Defendants' # 46 Letter Request for issuance of a new subpoena directed to Ms. Rinkus and Denying as Moot Plaintiff's # 45 cross-motion for a protective order. Signed by Magistrate Judge Gustave J. DiBianco on 10/30/2009. {Copy served upon pro se Plaintiff by regular mail} (mae) (Entered: 10/30/2009) |
| 11/06/2009 | 48 | Letter Motion from Douglas J. Goglia, AAG for State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina requesting Entry of Order re: October 16, 2009 Discovery Conference submitted to Judge DiBianco. (Attachments: # 1 Appendix Proposed Order, # 2 Declaration of Service)(Goglia, Douglas) (Entered: 11/06/2009) |
| 11/09/2009 | 49 | DISCOVERY ORDER. Signed by Magistrate Judge Gustave J. DiBianco on 11/9/09. (amt) [Pltf served via reg. mail] (Entered: 11/09/2009) |
| 11/09/2009 | Reset Deadlines: Discovery due by 4/30/2010. (kmg) (Entered: 03/16/2010) | |
| 11/17/2009 | 50 | Letter Request/Motion from plaintiff, Xu-Shen Zhou, requesting your honor help to resolve the issue of transferring ABP fund from SUNYIT to the Court submitted to Judge DiBianco. (mnm) (Entered: 11/17/2009) |
| 11/25/2009 | 51 | ORDER: AAG Goglia is directed to file a response to plaintiff's letter-motion within ten(10) days from the date of this order. The response must contain citations to support any position taken by SUNY IT. AAG Goglia must immediately file a copy of the transcript of the discovery proceedings held on October 16, 2009 in this court. (Served plaintiff by regular mail) Signed by Magistrate Judge Gustave J. DiBianco on 11/25/09. (dmf) (Entered: 11/25/2009) |
| 12/08/2009 | 52 | LETTER BRIEF pursuant to Order dated 11/25/09 (Docket Entry 51) by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology. (Attachments: # 1 Transcript of Discovery Hearing 10/19/09, # 2 Declaration of Service)(Goglia, Douglas) (Entered: 12/08/2009) |
| 12/16/2009 | 53 | Letter from plaintiff, responding to Mr. Goglia's letter of 12/7/09. (mnm) (Entered: 12/16/2009) |
| 12/17/2009 | 54 | ORDER - This case will be reassigned to another Magistrate Judge upon my retirement within the next three weeks, or perhaps earlier. This letter motion (Dkt. No. 50) shall remain pending in order that it be decided by the newly assigned Magistrate Judge. Signed by Magistrate Judge Gustave J. DiBianco on 12/17/09. Plaintiff served via USPS.(mnm) (Entered: 12/17/2009) |
| 01/04/2010 | 55 | ORDER OF REASSIGNMENT. Case reassigned to US Magistrate Judge Andrew T. Baxter, Magistrate Judge Gustave J. DiBianco no longer assigned to case. Case will remain assigned to presiding U.S. District Judge. Signed by Chief Judge Norman A. Mordue on 1/4/2010. (mnm) Non-electronic party served via USPS. (Entered: 01/04/2010) |
| 03/16/2010 | 56 | SCHEDULING ORDER: Pro se Zhou must appear in US Magistrate's Court, for a Status Conference on 4/8/2010, at 11:00 AM in Syracuse before US Magistrate Judge Andrew T. Baxter. If Atty Goglia wishes to appear by telephone in order to save litigation expense, he should advise Deputy K. Gridley. Plaintiff should notify the Court and counsel in writing no later than 3/31/10, if there are any changes in the hearing date. Signed by US Magistrate Judge Andrew T. Baxter on 3/16/10. Non-electronic party served via USPS. (mnm) (Entered: 03/16/2010) |
| 04/08/2010 | TEXT Minute Entry for proceedings held before U.S. Magistrate Judge Andrew T. Baxter: Discovery Hearing held on 4/8/2010. APPEARANCES: Xu-Shen Zhou, Pro Se Plaintiff; Douglas J. Goglia, AAG for Defts. Discovery hearing held - the court will issue a written order. [Proceeding FTR recorded] (kmg) (Entered: 04/09/2010) | |
| 04/09/2010 | 57 | ORDER: the court conducted a conference on April 8, 2010 and addressed certain discovery issues between the parties that are contained with this Order. Discovery in this case shall be completed by May 28, 2010, and any Dispositive motions shall be filed by July 30, 2010. No further discovery, other than that referenced shall be conducted without approval from this court after a conference. Discovery due by 5/28/2010. Dispostive Motions to be filed by 7/30/2010. Signed by US Magistrate Judge Andrew T. Baxter on 4/9/10. Plaintiff served via USPS.(mnm) (Entered: 04/09/2010) |
| 04/13/2010 | 58 | Letter from plaintiff to Judge Baxter regarding discovery. (mnm) (Entered: 04/13/2010) |
| 04/14/2010 | ORDER re 58 Letter, which will be treated as plaintiff's motion for reconsideration of one apsect of the court's rulings on discovery during conference on 4/8/2010. Plaintiff's motion for reconsideration is denied for the reasons stated on the record on 4/8/2010. The Clerk shall serve a copy of this text order on plaintiff by mail. Signed by US Magistrate Judge Andrew T. Baxter on 4/14/2010. (Baxter, Andrew) (Entered: 04/14/2010) | |
| 04/14/2010 | A copy of the 4/14/2010 Text Order was mailed to pltf on 4/14/2010 by regular mail. (see) (Entered: 04/14/2010) | |
| 04/22/2010 | 59 | LETTER BRIEF /STATUS REPORT by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology. (Attachments: # 1 Exhibit(s) Davidson v. Henderson Order, # 2Exhibit(s) Exemplar of Mandatory Discovery Order in Inmate Case, # 3 Exhibit(s) Letter to Plaintiff dated January 20, 2010, # 4 Declaration of Service)(Goglia, Douglas) (Entered: 04/22/2010) |
| 04/23/2010 | TEXT ORDER in response to status report of defendants 59 : The court has forwarded a complete copy of plaintiff's Third Document Demand to defense counsel so that defendants may respond as previously ordered. Plaintiff is advised that defense counsel may appropriately offer plaintiff the option of inspecting further document discovery in counsel's office or paying $.25 per page, in advance, to received a copy of the materials. Plaintiff is hereby warned that his failure to cooperate with defense counsel in the discovery process may result in the imposition of sanction or costs. Signed by US Magistrate Judge Andrew T. Baxter on 04/23/2010. (Baxter, Andrew)[Copy of text order mailed to Pro Se Plaintiff Zhou] (Entered: 04/23/2010) | |
| 04/30/2010 | 60 | Letter Motion from Douglas J. Goglia, AAG for Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology requesting discovery teleconference (and Discovery Status Report) submitted to Judge Andrew T. Baxter. (Attachments: # 1 Exhibit(s) Copies of Correspondence, # 2 Declaration of Service)(Goglia, Douglas) (Entered: 04/30/2010) |
| 05/03/2010 | TEXT ORDER granting 60 Letter Request, in that court will schedule a telephonic conference, to be initiated by defendant, as requested. Defendants shall respond, without merely relying on documents produced, to Plaintiffs First Set of Interrogatories, Nos. 3 and 4 with respect to faculty members who were not reappointed at SUNY INSTITUTE OF TECHNOLOGY (SUNY IT) between January 1, 1995 and January 2, 2006, to the extent they have not already done so. Plaintiff shall advise the court of any revised contact information. Plaintiff is again warned that his failure to cooperate in the discovery process may subject him to sanctions or possible dismissal of his action. The Clerk will serve, by mail, a copy of this text order upon plaintiff. Signed by US Magistrate Judge Andrew T. Baxter on 05/03/2010. (Baxter, Andrew) [Copy of text order mailed plaintiff Zhou]. (Entered: 05/03/2010) | |
| 05/03/2010 | 61 | MOTION for Leave to Proceed in forma pauperis with respect to the waiving of copying and traveling expenses, and the cost of court reporters in depositions. Also statements regarding misrepresentations of Atty Goglia, filed by Xu-Shen Zhou. Motions referred to Andrew T. Baxter. (mnm) (Entered: 05/03/2010) |
| 05/04/2010 | 62 | RESPONSE in Opposition re 61 MOTION for Leave to Proceed in forma pauperis and request that discovery teleconference be held before May 10, 2010 to the extent possible filed by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology. (Attachments: # 1 Declaration of Service via E-Mail & First-Class Mail)(Goglia, Douglas) (Entered: 05/04/2010) |
| 05/04/2010 | 63 | ORDER - the Court hereby schedules a TELEPHONE conference for Monday, 5/17/2010, 11:00 AM before US Magistrate Judge Andrew T. Baxter. Pro Se Zhou must notify the court and Assistant Attorney General Goglia in writing of a telephone number that the plaintiff can be reached by May 10, 2010. Attorney Goglia place the call to Judge Baxters Chambers. Service via USPS non-electronic party. Signed by US Magistrate Judge Andrew T. Baxter on 5/4/10. (mnm) (Entered: 05/04/2010) |
| 05/05/2010 | TEXT ORDER: Telephone conference is rescheduled for 5/7/10 at 11:00 A.M. Signed by U.S. Magistrate Judge Andrew T. Baxter on 5/5/10. [Copy of text order mailed to Pro Se Zhou].(kmg) (Entered: 05/05/2010) | |
| 05/07/2010 | TEXT Minute Entry for proceedings held before U.S. Magistrate Judge Andrew T. Baxter: Telephone Conference held on 5/7/2010. APPEARANCES: Xu-Shen Zhou, Pro Se Plaintiff; Douglas J. Goglia, AAG RULINGS: Various rulings made; the court will issue a written order. [Proceeding FTR recorded] (kmg) (Entered: 05/07/2010) | |
| 05/07/2010 | 64 | ORDER - the plaintiff must conduct the depositions at the appointed location at SUNY Institute of Technology (SUNY IT) in Utica, New York, of Dr. Stephen Havolovic on May 11, 2010 and of Dr. Peter Spina on May 12, 2010, or forfeit his opportunity to depose those individuals. Plaintiff is responsible for arranging, at his own expense, a court stenographer or other suitable officer, to administer the oath to the witnesses and to record these depositions. He must advise defense counsel (Douglas J. Goglia) by e-mail at the earliest possible opportunity, but no later than 10:00 a.m. on Monday, May 10, 2010, if plaintiff has not been able to secure the services of a court stenographer or is otherwise unwilling or unable to conduct these depositions; otherwise plaintiff may face possible sanctions relating to Mr. Goglias travel and related expenses if he is required to travel to Utica, New York, and the depositions are not conducted as scheduled. If plaintiff desires to have an attorney conduct or attend these depositions on his behalf, that attorney must first file a proper notice of appearance in this action, on or before May 10, 2010. The plaintiff must conduct the depositions, at the appointed location at SUNY IT, of Dr. William Langdon on May 26, 2010 and of Dr. Lisa Bernardino on June 9, 2010 or forfeit his opportunity to depose those individuals. The plaintiff shall attend and participate in his own deposition at the offices of defense counsel in Albany, New York on May 28, 2010, or face possible sanctions. Defense counsel shall continue to make reasonably available for inspection by plaintiff or provide paper or electronic copies (at plaintiffs expense at $.10 per page, to be paid in advance) of previously identified supplemental documentary discovery. Plaintiffs First Set of Interrogatories, defendants will further respond to Nos. 3 and 4 by letter or e-mail, on or before May 10, 2010, stating which of the previously identified faculty members from SUNY IT were part of the business faculty.The court will reserve decision on plaintiffs IFP application 61 to determine whether plaintiff will retain his own attorney. The discovery in this case shall be completed by June 11, 2010, and any dispositive motions shall be filed by July 30, 2010. No further discovery, other than that referenced above, shall be conducted without approval from this court. Discovery due by 6/11/2010. Motions to be filed by 7/30/2010. Signed by US Magistrate Judge Andrew T. Baxter on 5/7/10. Service via USPS and email upon plaintiff.(mnm) (Entered: 05/10/2010) |
| 05/07/2010 | Motions Taken Under Advisement, pursuant to 64 Order decision is reserved: 61 MOTION for Leave to Proceed in forma pauperis. (see) (Entered: 06/03/2010) | |
| 05/11/2010 | TEXT Minute Entry for proceedings held before U.S. Magistrate Judge Andrew T. Baxter: Telephone Conference held on 5/11/2010. APPEARANCES: Xu-Shen Zhou, Pro Se Plaintiff; Douglas J. Goglia, AAG, for Defts. RULINGS: Mr. Zhou may not videotape the deposition because he provided inadequate notice and doesn't have appropriate officer to operate the video. SUNY IT corporate representative may attend the deposition, but cannot participate. [Stenographer present] (kmg) (Entered: 05/11/2010) | |
| 05/16/2010 | 65 | Letter Motion from Douglas J. Goglia, AAG for Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology requesting Order directing Plaintiff to provide at least one week's advance notice as to whether further depositions will proceed submitted to Judge Andrew T. Baxter, M.J.. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 05/16/2010) |
| 05/18/2010 | TEXT ORDER granting 65 Letter Request, in that plaintiff Zhou is ordered to provide defense counsel, Mr. Goglia, with notice by electronic and/or regular mail of plaintiff's intention to conduct any deposition at least seven (7) calendar days before the deposition. The Clerk is directed to serve a copy of this text order on Mr. Zhou by electronic and regular mail. Signed by US Magistrate Judge Andrew T. Baxter on 05/18/2010. (Baxter, Andrew) (Entered: 05/18/2010) | |
| 05/19/2010 | A copy of the 5/18/2010 Text Order was mailed to pltf on 5/19/2010 by regular mail. (see) (Entered: 05/19/2010) | |
| 05/27/2010 | 66 | NOTICE of Appearance by Ross P. Andrews on behalf of Xu-Shen Zhou (Andrews, Ross) (Entered: 05/27/2010) |
| 06/14/2010 | ORDER denying as moot 61 Motion for Leave to Proceed in forma pauperis. Counsel for plaintiff has entered an appearance. Signed by US Magistrate Judge Andrew T. Baxter on 06/14/2010. (Baxter, Andrew) (Entered: 06/14/2010) | |
| 07/28/2010 | 67 | Letter Motion from Douglas J. Goglia, AAG for Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology requesting Adjournment of dispositive motion deadline until Oct. 29, 2010 submitted to Judge Andrew T. Baxter, M.J.. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 07/28/2010) |
| 07/29/2010 | TEXT ORDER granting 67 Letter Request to extend deadlines. Discovery due by 8/27/2010. Motions to be filed by 10/29/2010. Signed by US Magistrate Judge Andrew T. Baxter on 07/29/2010. (Baxter, Andrew) (Entered: 07/29/2010) | |
| 07/29/2010 | 68 | NOTICE of Appearance by Christina L. Roberts-Ryba on behalf of Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology (Roberts-Ryba, Christina) (Entered: 07/29/2010) |
| 10/29/2010 | 69 | MOTION for Summary Judgment Motion Hearing set for 12/10/2010 10:00 AM in Albany before Judge David N. Hurd Response to Motion due by 11/23/2010 Reply to Response to Motion due by 11/29/2010. filed by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology. (Attachments: # 1 Statement of Material Facts, # 2 Declaration Dr. Lisa Berardino, # 3 Exhibit(s) to Berardino Declaration, #4 Declaration Dr. William Langdon, # 5 Declaration Dr. William Spina, # 6 Exhibit(s) to Spina Declaration, # 7 Declaration Dr. Steven Havlovic, # 8 Declaration Anthony Panebianco, # 9 Exhibit(s) A to Panebianco Declaration, # 10 Exhibit(s) B to Panebianco Declaration, # 11 Declaration Rosemary Mullick, # 12 Exhibit(s) to Mullick Declaration, # 13 Affirmation Christina Roberts-Ryba, # 14 Exhibit(s) A to Affirmation, # 15 Exhibit(s) B to Affirmation, # 16 Exhibit(s) C to Affirmation) (Roberts-Ryba, Christina) (Additional attachment(s) added on 11/4/2010: # 17 Errata Sheet to Exhibit A of Affirmation of Christina Roberts-Ryba) (see, ). (Entered: 10/29/2010) |
| 10/29/2010 | 70 | LETTER BRIEF enclosing Memorandum of Law in support of Motion for Summary Judgment (Dkt # 69) by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology. (Attachments: # 1 Memorandum of Law)(Roberts-Ryba, Christina) (Entered: 10/29/2010) |
| 10/29/2010 | 71 | CERTIFICATE OF SERVICE by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology re 69 MOTION for Summary Judgment, 70 LETTER BRIEF, (Roberts-Ryba, Christina) (Entered: 10/29/2010) |
| 11/01/2010 | Text NOTICE advising parties of the location change, re: 69 MOTION for Summary Judgment. The motion hearing is scheduled for 12/10/2010 at 10:00 AM in UTICA before Judge David N. Hurd. (see) (Entered: 11/01/2010) | |
| 11/03/2010 | 72 | Letter Motion from Christina Roberts-Ryba for Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology requesting Errat sheet be attached to docket # 69 submitted to Judge Hurd. (Attachments: # 1 Errata to Plaintiff's transcript)(Roberts-Ryba, Christina) (Entered: 11/03/2010) |
| 11/03/2010 | 73 | CERTIFICATE OF SERVICE by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology re 72 Letter Motion from Christina Roberts-Ryba for Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology requesting Errat sheet be attached to docket # 69 submitted to Judge Hurd (Roberts-Ryba, Christina) (Entered: 11/03/2010) |
| 11/04/2010 | CLERK'S CORRECTION OF DOCKET ENTRY re 69 Motion for Summary Judgment. Pursuant to the 72 letter request and Oral Order of Judge Hurd on 11/4/2010, a copy of the Errata Sheet was attached to document #69, noting that it is part of Exhibit A to Christina Roberts-Ryba's Affirmation. (see) (Entered: 11/04/2010) | |
| 11/22/2010 | 74 | Letter Motion from Christina Roberts-Ryba for Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology requesting Adjournment of oral argument submitted to Judge Hurd. (Roberts-Ryba, Christina) (Entered: 11/22/2010) |
| 11/22/2010 | 75 | CERTIFICATE OF SERVICE by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology re 74 Letter Motion from Christina Roberts-Ryba for Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology requesting Adjournment of oral argument submitted to Judge Hurd (Roberts-Ryba, Christina) (Entered: 11/22/2010) |
| 11/23/2010 | 76 | Endorsement ORDER granting 74 Letter Request for an adjournment of the oral argument to January 14, 2011 at 10:00 AM in Utica. Signed by Judge David N. Hurd on 11/23/2010. (see) (Entered: 11/24/2010) |
| 11/23/2010 | Reset Deadlines as to 69 MOTION for Summary Judgment. Response to Motion due by 12/28/2010. Reply to Response to Motion due by 1/3/2011. Motion Hearing set for 1/14/2011 10:00 AM in Utica before Judge David N. Hurd. (see) (Entered: 11/24/2010) | |
| 11/24/2010 | 77 | Oral ORDER of Judge Hurd, REASSIGNING CASE to Judge Glenn T. Suddaby for all further proceedings. Judge David N. Hurd no longer assigned to case. Magistrate Baxter remains assigned.(cbm ) (Entered: 11/24/2010) |
| 11/29/2010 | TEXT NOTICE of Hearing on # 69 MOTION for Summary Judgment : This Motion is now returnable on 1/6/2011 on SUBMIT before Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 12/28/2010 as previously set by Judge Hurd. Reply to Response to Motion due by 1/3/2011 as previously set by Judge Hurd. Counsel are directed to forward a courtesy copy of all motion papers in excess of 50 pages directly to chambers.(lmw) (Entered: 11/29/2010) | |
| 12/28/2010 | 78 | RESPONSE in Opposition re 69 MOTION for Summary Judgment Attorney Affidavit filed by Xu-Shen Zhou. (Attachments: #1 Exhibit(s) Attorney Affidavit Exhibit A, # 2 Exhibit(s) Attorney Affidavit Exhibit B, # 3 Declaration Plaintiff Declaration, #4 Exhibit(s) Plaintiff Declaration Exhibits, # 5 Memorandum of Law Memorandum Opposing Summary Judgment, # 6Appendix Unpublished Cases Cited in Memorandum of Law, # 7 Statement of Material Facts Response to Defendants' Rule 7.1(a)(3) Statement)(Andrews, Ross) (Entered: 12/28/2010) |
| 12/28/2010 | 79 | CERTIFICATE OF SERVICE by Xu-Shen Zhou re 78 Response in Opposition to Motion,, (Andrews, Ross) (Entered: 12/28/2010) |
| 12/28/2010 | 80 | Letter Motion from Christina Roberts-Ryba for Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology requesting Extension to file reply from January 3, 2011 to January 21, 2011 submitted to Judge Suddaby. (Roberts-Ryba, Christina) (Entered: 12/28/2010) |
| 12/28/2010 | 81 | CERTIFICATE OF SERVICE by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology re 80 Letter Motion from Christina Roberts-Ryba for Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology requesting Extension to file reply from January 3, 2011 to January 21, 201 (Roberts-Ryba, Christina) (Entered: 12/28/2010) |
| 12/29/2010 | TEXT ORDER granting # 80 Letter Request: Defendants' reply to the # 69 MOTION for Summary Judgment is due by 1/21/11. Motion Hearing is rescheduled for 2/3/2011 ON SUBMIT before Judge Glenn T. Suddaby. No personal appearance. Authorized by Judge Glenn T. Suddaby on 12/29/10. (lmw) (Entered: 12/29/2010) | |
| 01/21/2011 | 82 | REPLY to Response to Motion re 69 MOTION for Summary Judgment filed by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology. (Attachments: # 1 Declaration Havlovic, # 2 Exhibit(s) A to Havlovic Declaration, # 3 Declaration Dean, # 4 Exhibit(s) A to Dean Declaration, # 5Declaration of service)(Roberts-Ryba, Christina) (Entered: 01/21/2011) |
| 09/14/2011 | 83 | MEMORANDUM-DECISION & ORDER: It is ordered that defendants' # 69 Motion for Summary Judgment is GRANTED, therefore plaintiff's # 28 Amended Complaint is DISMISSED. The clerk is directed to enter judgment in favor of the defendants and close this case. Signed by Judge Glenn T. Suddaby on 9/14/2011. (jmb) (Entered: 09/14/2011) |
| 09/14/2011 | 84 | JUDGMENT: in favor of State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon and Dr. Peter Spina against Xu-Shen Zhou. (jmb) (Entered: 09/14/2011) |
| 09/15/2011 | 85 | BILL OF COSTS by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 09/15/2011) |
| 10/11/2011 | 86 | NOTICE OF APPEAL as to 84 Judgment by Xu-Shen Zhou. Filing fee $ 455, receipt number 0206-1991248. (Andrews, Ross) (Entered: 10/11/2011) |
| 10/17/2011 | 87 | ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re 86 Notice of Appeal (mnm) (Entered: 10/17/2011) |
| 10/25/2011 | 88 | BILL OF COSTS filed by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, Dr. Peter Spina, State University of New York Institute of Technology. Costs are taxed in the amount of $1,239.40 and included in the judgment. Service upon plaintiff via USPS. (mnm) (Entered: 10/26/2011) |
| 10/28/2011 | USCA Case Number is 11-4370 for 86 Appeal filed by Xu-Shen Zhou. (cbm ) (Entered: 10/28/2011) | |
| 11/08/2012 | 89 | MANDATE of USCA, issued 11/7/12, as to 86 Appeal filed by Xu-Shen Zhou: the 9/14/11 judgment of the district court is affirmed in part and vacated in part, and the case is remanded for further proceedings. (cbm ) (Entered: 11/08/2012) |
| 11/08/2012 | TEXT ORDER: Counsel are directed to appear on 12/17/12 at 10:00 a.m. in Syracuse before Judge Glenn T. Suddaby for a pretrial conference, at which counsel are directed to appear with settlement authority, and in the event that the case does not settle, trial will be scheduled at that time. Plaintiff is further directed to forward a written settlement demand to defendants no later than 11/30/12, and the parties are directed to engage in meaningful settlement negotiations prior to the 12/17/12 conference. Authorized by Judge Glenn T. Suddaby on 11/8/12. (lmw) (Entered: 11/08/2012) | |
| 11/30/2012 | 90 | Certified statement, issued 11/30/12, of Costs Taxed in the 2nd Circuit in favor of the plaintiff-appellant in the amount of $1,578.71 against SUNYIT defendants-appellees. (cbm ) (Entered: 11/30/2012) |
| 12/17/2012 | TEXT Minute Entry for pretrial conference held on 12/17/2012 before Judge Glenn T. Suddaby: Judge discusses possible settlement with counsel. Case does not settle. Jury trial is expected to last approximately 4 to 5 days. Plaintiff intends to call 3 to 4 witnesses. Defendants expect to call 4 to 5 witnesses. Jury trial set for 5/20/13. APP: Ross P. Andrews, Esq. for Plaintiff; Douglas J. Goglia, Esq. and Laura Sprague, Esq. for Defendants. CRD: L. Welch. (Court Reporter: Eileen McDonough) (lmw) (Entered: 12/17/2012) | |
| 12/17/2012 | 91 | TRIAL ORDER: Jury Trial set for 5/20/2013 at 9:00 AM in Syracuse before Judge Glenn T. Suddaby. Final Pretrial Conference set for 5/15/2013 at 11:00 AM in Syracuse before Judge Glenn T. Suddaby. Pretrial Submissions, including motions in limine, due by 4/29/2013. Responses to motions in limine due by 5/6/13. Signed by Judge Glenn T. Suddaby on 12/17/12. (lmw) (Entered: 12/17/2012) |
| 04/29/2013 | 92 | Court Ordered Voir Dire by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 04/29/2013) |
| 04/29/2013 | 93 | Exhibit List by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 04/29/2013) |
| 04/29/2013 | 94 | Witness List by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 04/29/2013) |
| 04/29/2013 | 95 | Proposed Jury Instructions by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 04/29/2013) |
| 04/29/2013 | 96 | Proposed Voir Dire by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 04/29/2013) |
| 04/29/2013 | 97 | TRIAL BRIEF and Supporting Declaration with Exhibits by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Declaration of Douglas J. Goglia, # 2Exhibit(s) A - Zhou Motion to Quash Denial.pdf, # 3 Exhibit(s) B- Zhou Academic Summary Portfolio.pdf, # 4 Exhibit(s) C- Zhou - Exhibit 30.pdf, # 5 Exhibit(s) D - Zhou - Exhibit 36.pdf, # 6 Exhibit(s) E - Zhou - Exhibit 31.pdf, # 7 Exhibit(s) F - Zhou - Exhibit 27.pdf, # 8 Declaration of Service)(Goglia, Douglas) (Entered: 04/29/2013) |
| 04/29/2013 | 98 | Court Ordered Voir Dire by Xu-Shen Zhou. (Andrews, Ross) (Entered: 04/29/2013) |
| 04/29/2013 | 99 | PROPOSED VERDICT FORM by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 04/29/2013) |
| 04/29/2013 | 100 | STATUS REPORT re: Pre-Trial Stipulation and Ongoing Discussions of Counsel by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 04/29/2013) |
| 04/29/2013 | 101 | Exhibit List by Xu-Shen Zhou. (Andrews, Ross) (Entered: 04/29/2013) |
| 04/29/2013 | 102 | PRETRIAL STIPULATION (Proposed) by Xu-Shen Zhou. (Andrews, Ross) (Entered: 04/29/2013) |
| 04/29/2013 | 103 | Proposed Jury Instructions by Xu-Shen Zhou. (Attachments: # 1 Appendix Unpublished Decisions)(Andrews, Ross) (Entered: 04/29/2013) |
| 04/29/2013 | 104 | PROPOSED VERDICT FORM by Xu-Shen Zhou. (Andrews, Ross) (Entered: 04/29/2013) |
| 04/29/2013 | 105 | Proposed Voir Dire by Xu-Shen Zhou. (Andrews, Ross) (Entered: 04/29/2013) |
| 04/29/2013 | 106 | Witness List by Xu-Shen Zhou. (Andrews, Ross) (Entered: 04/29/2013) |
| 04/29/2013 | 107 | First MOTION in Limine filed by Xu-Shen Zhou. (Andrews, Ross) (Entered: 04/29/2013) |
| 04/29/2013 | 108 | Letter Motion from Ross P. Andrews for Xu-Shen Zhou requesting Bifurcation submitted to Judge Suddaby . (Andrews, Ross) (Entered: 04/29/2013) |
| 04/29/2013 | 109 | CERTIFICATE OF SERVICE by Xu-Shen Zhou re 105 Proposed Voir Dire (Andrews, Ross) (Entered: 04/29/2013) |
| 04/29/2013 | 110 | CERTIFICATE OF SERVICE by Xu-Shen Zhou re 101 Exhibit List (Andrews, Ross) (Entered: 04/29/2013) |
| 04/29/2013 | 111 | CERTIFICATE OF SERVICE by Xu-Shen Zhou re 104 Proposed Verdict Form (Andrews, Ross) (Entered: 04/29/2013) |
| 05/01/2013 | 112 | RESPONSE in Opposition re 107 First MOTION in Limine filed by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Appendix of Unpublished Decisions, # 2Declaration of Service)(Goglia, Douglas) (Entered: 05/01/2013) |
| 05/02/2013 | 113 | TEXT ORDER: Due to a conflict with the Court's calendar, the Final Pretrial Conference is RESCHEDULED for 5/16/2013 11:30 AM in Syracuse before Judge Glenn T. Suddaby. Jury Trial is RESCHEDULED for 5/21/2013 at 9:00 AM in Syracuse before Judge Glenn T. Suddaby. Authorized by Judge Glenn T. Suddaby on 5/2/13. (lmw) (Entered: 05/02/2013) |
| 05/16/2013 | 114 | Exhibit List (Amended) by Xu-Shen Zhou. (Andrews, Ross) (Entered: 05/16/2013) |
| 05/16/2013 | 115 | CERTIFICATE OF SERVICE by Xu-Shen Zhou re 114 Exhibit List (Amended) (Andrews, Ross) (Entered: 05/16/2013) |
| 05/16/2013 | TEXT Minute Entry for Final Pretrial Conference held on 5/16/13 before Judge Glenn T. Suddaby: Plaintiff expects to call five witnesses. Defendants expect to call three additional witnesses, including plaintiff's witnesses. Judge encourages counsel to stipulate to as many exhibits as possible. Counsel advise that most exhibits have been stipulated to. Judge reviews voir dire via strike method. Counsel instructed to provide an agreed upon brief statement of the case to be read to the jurors. Plaintiff's motion to preclude evidence of performance after released is granted; plaintiff's motion to preclude evidence of his immigration status is granted without prejudice; plaintiff's motion to preclude prior teaching evaluations is denied; plaintiff's motion to bifurcate the trial is denied. Plaintiff seeks to amend to include reinstatement of his position as an element of damages. Judge reserves. Specific objections made with regard to exhibits. Judge reserves. Plaintiff requests bifurcated closing arguments. Judge reserves. APP: Ross P. Andrews, Esq. for Plaintiff; Douglas J. Goglia, Esq. and Kristen Quaresimo, Esq. for Defendants. CRD: L. Welch. (Court Reporter: Jodi Hibbard) (lmw) (Entered: 05/16/2013) | |
| 05/17/2013 | 116 | Exhibit List (First Amended) by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 05/17/2013) |
| 05/17/2013 | 117 | Exhibit List (Second Amended) by Xu-Shen Zhou. (Attachments: # 1 Certificate of Service)(Andrews, Ross) (Entered: 05/17/2013) |
| 05/17/2013 | 118 | Exhibit List (Second Amended) by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 05/17/2013) |
| 05/21/2013 | 119 | DECISION & ORDER denying # 107 Plaintiff's Motion in Limine to preclude evidence of his teaching evaluations at Bloomsburg University and his statements regarding those evaluations during his interviews for employment at SUNY IT; and Defendants are permitted to use evidence of Plaintiff's teaching evaluations at Bloomsburg University and his statements regarding those evaluations during his interviews for employment at SUNY IT to 1) impeach Plaintiff's credibility, and/or 2) limit any award of damages to Plaintiff. Signed by Judge Glenn T. Suddaby on 5/21/13. (lmw, ) (Entered: 05/21/2013) |
| 05/21/2013 | 120 | Minute Entry for Day 1 of Jury Trial held on 5/21/2013 before Judge Glenn T. Suddaby: Judge discusses preliminary matters with counsel. Judge Suddaby makes introductory remarks. Jury panel is sworn and seated in jury box. Judge Suddaby conducts voir dire examination of prospective jurors. Attorneys exercise challenges for cause peremptory challenges via strike method. Jury is selected and sworn. Judge gives preliminary charges. Opening statements by Mr. Andrews and Mr. Goglia. Plaintiff's Witness #1: Xhu-Shen Zhou. Court in recess until 9:00 am on May 22, 2013. APP: Ross Andrews, Esq. and Sarah Ruhlen, Esq. for Plaintiff; Douglas Goglia, Esq. and Kristen Quaresimo, Esq. for Defendants. CRD: L. Welch. (Court Reporter: Jodi Hibbard) (lmw, ) (Entered: 05/21/2013) |
| 05/22/2013 | 121 | Minute Entry for Day 2 of Jury Trial held on 5/22/13 before Judge Glenn T. Suddaby: Plaintiff's Witnesses: Dr. Lisa Berardino, Rosemary Mullick, Dr. Peter Spina. Plaintiff rests. Defendant moves to dismiss pursuant to Rule 50. Judge reserves. Defendants' witnesses: Anthony Panebianco, William Langdon, Stephen Havlovic. Court in recess until 8:30 am on May 23, 2013. APP: Ross Andrews, Esq. for Plaintiff; Douglas Goglia, Esq. and Kristen Quaresimo, Esq. for Defendants. CRD: L. Welch. (Court Reporter: Jodi Hibbard)(lmw) (Entered: 05/22/2013) |
| 05/23/2013 | 122 | Minute Entry for Day 3 of Jury Trial held on 5/23/13 before Judge Glenn T. Suddaby: Juror #7 excused due to illness with consent of both attorneys. Defendant's witness: Stephen Havlovic. Defense rests. Defendants renew motion to dismiss pursuant to Rule 50. Plaintiff moves to dismiss mitigation defense. Judge reserves on both motions. Closing arguments by Mr. Goglia and Mr. Andrews. Judge charges the jury and reviews special verdict sheet with jury. Courtroom Security Officers sworn. Jury retires for deliberation. Jury notes received marked as Court Exhibits 1 and 2. Jury returns a verdict in favor of plaintiff against all defendants and awards damages in the amount of $1.00 and back pay in the amount of $600,000. Jury is polled. Judge advises of post-trial motion and appeal deadlines. Defendants renew motion pursuant to Rule 50(b). Judge denies motion and directs that post-trial motions be filed. Court is adjourned. APP: Ross Andrews, Esq. and Sarah Ruhlen, Esq. for Plaintiff; Douglas Goglia, Esq. and Kristen Quaresimo, Esq. for Defendants. CRD: L. Welch. (Court Reporter: Jodi Hibbard) (lmw) (Entered: 05/24/2013) |
| 05/23/2013 | 123 | JURY VERDICT in favor of Plaintiff against each defendant awarding damages in the amount of $1.00 and back pay in the amount of $600,000. (lmw) (Entered: 05/24/2013) |
| 05/23/2013 | 124 | Jury Instructions. (lmw) (Entered: 05/24/2013) |
| 05/23/2013 | 125 | Jury Notes marked as Court Exhibits 1 and 2. (lmw) (Entered: 05/24/2013) |
| 05/23/2013 | 126 | Plaintiff's Exhibit List completed at trial. (lmw) (Entered: 05/24/2013) |
| 05/23/2013 | 127 | Defendants' Exhibit List completed at trial. (lmw) (Entered: 05/24/2013) |
| 05/23/2013 | 128 | JUDGMENT in favor of Xu-Shen Zhou against State University of New York Institute of Technology, Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon. (lmw) (Entered: 05/24/2013) |
| 05/28/2013 | 129 | TRANSCRIPT REQUEST by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology for proceedings held on May 21-23, 2013 before Judge Suddaby.. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 05/28/2013) |
| 05/29/2013 | 130 | Letter Motion from Ross P. Andrews for Xu-Shen Zhou requesting Extension of time submitted to Judge Glenn T. Suddaby . (Andrews, Ross) (Entered: 05/29/2013) |
| 05/30/2013 | 131 | TEXT ORDER granting # 130 Letter Request for an extension to file a motion for attorneys' fees until 7/5/13. It is further ordered that the deadline to file memorandum of law with regard to the issue of reinstatement of the Plaintiff to his position at SUNY IT is due by 6/21/13. Authorized by Judge Glenn T. Suddaby on 5/30/13. (lmw) (Entered: 05/30/2013) |
| 06/05/2013 | 132 | TRANSCRIPT REQUEST by Xu-Shen Zhou for proceedings held on 5/21/2013-5/23/2013 before Judge Glenn T. Suddaby.. (Andrews, Ross) (Entered: 06/05/2013) |
| 06/05/2013 | 133 | CERTIFICATE OF SERVICE by Xu-Shen Zhou re 132 Transcript Request (Andrews, Ross) (Entered: 06/05/2013) |
| 06/10/2013 | 134 | TRANSCRIPT of Proceedings: Jury Trial (Volume I) held on 5/21/2013 before Judge Glenn T. Suddaby, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2013. Redacted Transcript Deadline set for 7/11/2013. Release of Transcript Restriction set for 9/9/2013. Notice of Intent to Redact due by 6/17/2013 (jlh, ) (Entered: 06/10/2013) |
| 06/10/2013 | 135 | TRANSCRIPT of Proceedings: Jury Trial (Volume II) held on 5/22/2013 before Judge Glenn T. Suddaby, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2013. Redacted Transcript Deadline set for 7/11/2013. Release of Transcript Restriction set for 9/9/2013. Notice of Intent to Redact due by 6/17/2013 (jlh, ) (Entered: 06/10/2013) |
| 06/10/2013 | 136 | TRANSCRIPT of Proceedings: Jury Trial (Volume III) held on 5/23/2013 before Judge Glenn T. Suddaby, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2013. Redacted Transcript Deadline set for 7/11/2013. Release of Transcript Restriction set for 9/9/2013. Notice of Intent to Redact due by 6/17/2013 (jlh, ) (Entered: 06/10/2013) |
| 06/19/2013 | 137 | MOTION for Judgment as a Matter of Law , MOTION for New Trial , MOTION for Judgment NOV Motion Hearing set for 8/1/2013 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 7/15/2013 Reply to Response to Motion due by 7/22/2013. filed by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Declaration of Douglas J. Goglia, # 2 Exhibit(s) A to Goglia Dec -- Plaintiff's Trial Exhibits, # 3 Exhibit(s) B to Goglia Dec -- Defendants' Trial Exhibits, # 4 Exhibit(s) C to Goglia Dec - Defendants Request for Production of Documents, # 5 Exhibit(s) D to Goglia Dec - -Zhou Revised Response to Document Request.pdf, #6 Memorandum of Law, # 7 Supplement Miller v. City of Ithaca (unpub.), # 8 Declaration of Service) (Goglia, Douglas) (Entered: 06/19/2013) |
| 06/20/2013 | 138 | MEMORANDUM OF LAW in Support of Plaintiff's motion made at trial requesting reinstatement filed by Xu-Shen Zhou. (Attachments: # 1 Appendix Unpublished Decisions)(Ruhlen, Sarah) Modified on 6/21/2013 (lmw). (Entered: 06/20/2013) |
| 06/20/2013 | 139 | CERTIFICATE OF SERVICE by Xu-Shen Zhou re 138 Memorandum of Law Requesting Reinstatement (Ruhlen, Sarah) (Entered: 06/20/2013) |
| 06/21/2013 | TEXT NOTICE of Hearing on # 137 Defendants' MOTION for Judgment as a Matter of Law AND # 138 Plaintiff's MOTION for reinstatement: Motion Hearing set for 8/1/2013 on submit before Judge Glenn T. Suddaby. No personal appearance. Responses to both Motions due by 7/15/2013. Replies to Responses to both Motions due by 7/22/2013. (lmw) (Entered: 06/21/2013) | |
| 06/25/2013 | 140 | Supplemental MEMORANDUM OF LAW re 137 Motion for Judgment as a Matter of Law, Motion for New Trial, Motion for Judgment NOV (Supplemental; re recent Supreme Court Authority) filed by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Appendix UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER v. NASSAR.pdf, # 2 Declaration of Service)(Goglia, Douglas) (Entered: 06/25/2013) |
| 06/28/2013 | 141 | Letter Motion from Ross P. Andrews for Xu-Shen Zhou requesting Extension of time relative to Plaintiff's Petition for Attorneys Fees and Costs submitted to Judge Glenn T. Suddaby . (Andrews, Ross) (Entered: 06/28/2013) |
| 07/01/2013 | 142 | TEXT ORDER granting # 141 Letter Request for an extension to file a motion for attorneys' fees until 14 days after the Court issues a decision on the pending # 137 and # 138 post-trial motions. Authorized by Judge Glenn T. Suddaby on 7/1/13. (lmw) (Entered: 07/01/2013) |
| 07/02/2013 | 143 | RESPONSE in Opposition re 138 MOTION for Reinstatement or Front Pay filed by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 07/02/2013) |
| 07/11/2013 | 144 | Letter Motion from Ross Andrews for Xu-Shen Zhou requesting Page Limit Extension submitted to Judge Glenn T. Suddaby . (Andrews, Ross) (Entered: 07/11/2013) |
| 07/12/2013 | 145 | TEXT ORDER granting the # 144 Letter Request. Authorized by Judge Glenn T. Suddaby on 7/12/2013. (kee) (Entered: 07/12/2013) |
| 07/15/2013 | 146 | AFFIDAVIT Declaration by Ross P. Andrews by Xu-Shen Zhou. (Ruhlen, Sarah) (Entered: 07/15/2013) |
| 07/15/2013 | 147 | CERTIFICATE OF SERVICE by Xu-Shen Zhou re 146 Affidavit Declaration by Ross P. Andrews (Ruhlen, Sarah) (Entered: 07/15/2013) |
| 07/15/2013 | 148 | RESPONSE in Opposition re 138 MOTION Post Trial filed by Xu-Shen Zhou. (Attachments: # 1 Appendix)(Ruhlen, Sarah) (Entered: 07/15/2013) |
| 07/22/2013 | 149 | NOTICE of Appearance by Sarah E. Ruhlen on behalf of Xu-Shen Zhou (Ruhlen, Sarah) (Entered: 07/22/2013) |
| 07/22/2013 | 150 | REPLY to Response to Motion re 137 MOTION for Judgment as a Matter of Law MOTION for New Trial MOTION for Judgment NOV filed by Dr. Lisa Berardino, Dr. Stephen Havlovic, Dr. William Langdon, State University of New York Institute of Technology. (Attachments: # 1 Appendix of Unpublished Cases, # 2 Declaration of Service)(Goglia, Douglas) (Entered: 07/22/2013) |
| 07/22/2013 | 151 | REPLY to Response to Motion re 138 MOTION with affidavit of service filed by Xu-Shen Zhou. (Andrews, Ross) (Entered: 07/22/2013) |
| General Docket Court of Appeals, 2nd Circuit |
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| Xu-Shen Zhou, Plaintiff - Appellant, v. State University of New York Institute of Technology, Dr. Lisa Berardino, personally and in her official capacity, Dr. Stephen Havlovic, personally and in his official capacity, Dr. William Langdon, personally and in his official capacity, Dr. Peter Spina, personally and in his official capacity, Defendants - Appellees. |
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- 回复 fencer1818
- 法律中的平衡法则，使一些本就原被告差异大的案件得到程序上的正义，但是纽约这个地方很怪，在法律方面有所领教，尤其是这些初审法院的法官和法官助理。美国的法院也抹稀泥，但是不能给他们任何机会，更不能给那些臭名昭著的律师任何机会，获得真理有多艰难，但也要去尽可能的向它迈进。在一个法制程序化的国家，如果不会使用法律这个天平来保护自己，放弃权利就等于放弃自己。
