Baser v. City University of New York (CUNY)

New York Southern District Court
Judge:	John P Cronan
Referred:	James L Cott
Case #:	1:21-cv-10486
Nature of Suit	442 Civil Rights - Employment
Cause	42:2000e-2ot Job Discrimination (other)

Case Filed:	Dec 07, 2021
Re-opened:	Sep 11, 2022
Terminated:	Dec 01, 2022

Docket
Parties (2)

Last checked: Sunday Jun 05, 2022 4:50 AM EDT

Defendant City University of New York (CUNY)	Represented By Christopher Vance Coulston contact info
Plaintiff Emilie Baser 100 Hicks Lane Great Neck, NY 11024

Docket last updated: 1 hours ago

Thursday, December 15, 2022
		misc Received Returned Mail Thu 12/15 3:33 PM Received returned mail re:25 Stipulation and Order of Voluntary Dismissal. Mail was addressed to Emilie Baser, 100 Hicks Lane, Great Neck, NY 11024 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward. (vn) Related: [-]
Friday, December 02, 2022
		misc Mailing Receipt Fri 12/02 10:42 AM MAILING RECEIPT: Document No: 25. Mailed to: Emilie Baser 100 Hicks Lane Great Neck, NY 11024. (dsh) Related: [-]
Thursday, December 01, 2022
25		25 order Stipulation and Order of Voluntary Dismissal Thu 12/01 5:56 PM SETTLEMENT AGREEMENT, GENERAL RELEASE, AND ORDER OF DISMISSAL NOW THEREFORE, in consideration of the mutual promises, covenants, representations and other consideration contained in this Settlement Agreement, Plaintiff and Defendant hereby stipulate and agree as follows: The Action, and all claims asserted in it, are hereby dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and without payments, attorneys' fees, costs, disbursements, or expenses in excess of the amounts specified in paragraph 2 of this Settlement Agreement. In full consideration of Plaintiffs execution of this Settlement Agreement, heragreement to be bound by its terms, and her undertakings as set forth herein, including the dismissal ofthe Action with prejudice, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, and subject to any reservation for payment to Medicare or other liens/offsets as set forth below, CUNY shall pay to Plaintiff the gross sum of FIVE THOUSAND DOLLARS ($5,000.00), for which an I.R.S. Form W-2 shall be issued, in full and complete satisfaction of any and all claims, allegations, or causes of action for lost wages, including but not limited to, lost wages, benefits, back pay, front pay, severance pay, commissions, bonuses, reimbursements, pension plan contributions, and any non-vested retirement, pension, health, or savings plan benefits, or other compensation, less all applicable withholdings, payroll deductions, and taxes. The foregoing payment shall be made payable to Ms. Emilie Baser and mailed to 60 Centre Street 2nd Floor, Bronx, NY 10464. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), a plaintiff may voluntarily dismiss a case without court order by filing a stipulation of dismissal signed by all parties who have appeared. Accord Fed. R. Civ. P. 41(a)(1)(B) (permitting stipulation of dismissal with prejudice). Accordingly, the Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge John P. Cronan on 11/30/2022) (jca) Transmission to Finance Unit (Cashiers) Related: [-]
Monday, November 28, 2022
		misc Received Returned Mail Wed 11/30 3:50 PM Received returned mail re:23 Memo Endorsement. Mail was addressed to Emilie Baser, 100 Hicks Lane, Great Neck, NY 11024 and was returned for the following reason(s): U7F. (vn) Related: [-]
Wednesday, November 23, 2022
24		24 misc Settlement Agreement Wed 11/23 1:28 PM SETTLEMENT AGREEMENT to be So Ordered . Document filed by City University of New York (CUNY)..(Coulston, Christopher) Related: [-]
Wednesday, November 02, 2022
		misc Mailing Receipt Wed 11/02 10:28 AM MAILING RECEIPT: Document No: 23. Mailed to: Emilie Baser 100 Hicks Lane Great Neck, NY 11024. (kh) Related: [-]
Tuesday, November 01, 2022
23		23 order Memo Endorsement Tue 11/01 4:01 PM MEMO ENDORSEMENT on re:22 Letter Settlement Update filed by City University of New York (CUNY). ENDORSEMENT: The request is granted. By December 1, 2022, the parties should submit either a joint stipulation of dismissal, or a joint letter as to the status of settlement. All other deadlines are adjourned sine die. SO ORDERED. (Signed by Judge John P. Cronan on 11/1/22) (yv) Related: [-]
Monday, October 31, 2022
22		22 misc Letter Mon 10/31 4:24 PM JOINT LETTER addressed to Judge John P. Cronan from Christopher Coulston dated October 31, 2022 re: Settlement Update. Document filed by City University of New York (CUNY)..(Coulston, Christopher) Related: [-]
Tuesday, October 25, 2022
		misc Mailing Receipt Tue 10/25 9:39 AM MAILING RECEIPT: Document No: 21. Mailed to: Emilie Baser 100 Hicks Lane Great Neck, NY 11024. (dsh) Related: [-]
Monday, October 24, 2022
21		21 1 pgs order Order Mon 10/24 10:58 AM ORDER On October 21, 2022, the Court was informed that an agreement was reached on all issues at mediation. Dkt. 20. Accordingly, by October 31, 2022, the parties shall submit a joint letter confirming they have reached a settlement, and if so, whether the parties request that the Court enter an order dismissing the case provided no request is made to restore the action within thirty days. SO ORDERED. (Signed by Judge John P. Cronan on 10/24/2022) (jca) Related: [-]
Tuesday, September 13, 2022
		misc Mailing Receipt Tue 09/13 9:01 AM MAILING RECEIPT: Document No: 18-19. Mailed to: Emilie Baser 100 Hicks Lane Great Neck, NY 11024. (dsh) Related: [-]
Monday, September 12, 2022
		misc Transmission to Mediation Clerk Wed 09/21 12:16 PM Transmission to Mediation Clerk. Transmitted re:18 Order Reopening Case, to the Mediation Clerk for case processing. (yv) Related: [-]
Sunday, September 11, 2022
19		19 order Amended Order Referring Case to Magistrate Judge Mon 09/12 9:48 AM AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge John P. Cronan on 9/11/22) (yv) Related: [-]
18		18 1 pgs order Order Reopening Case Mon 09/12 9:39 AM ORDER. The Clerk of Court is respectfully directed to reopen the case. The case is re-referred to the Courts Mediation Program. SO ORDERED. (Signed by Judge John P. Cronan on 9/11/22) (yv) Related: [-]
Monday, August 22, 2022
		misc Mailing Receipt Mon 08/22 8:38 AM MAILING RECEIPT: Document No: 17. Mailed to: Emilie Baser 100 Hicks Lane Great Neck, NY 11024. (kh) Related: [-]
Friday, August 19, 2022
17		17 1 pgs order Order of Dismissal Fri 08/19 11:17 AM ORDER OF DISMISSAL: Accordingly, it is hereby ORDERED that this action is DISMISSED without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty days of this Order in the event the settlement agreement is not completed and executed. Any pending motions are moot. All conferences are canceled. The Clerk of Court is respectfully directed to close the case. (Signed by Judge John P. Cronan on 8/19/2022) (ate) Related: [-]
Tuesday, August 16, 2022
		misc Notice Regarding Deleted Document Fri 09/09 1:16 PM ***DELETED DOCUMENT. Deleted document number 16 FINAL REPORT OF MEDIATOR #1. The document was incorrectly filed in this case. (ah) Related: [-]
		minutes Mediation Conference Fri 09/09 1:39 PM Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 8/16/2022. Mediation Status due by 9/26/2022. (ah) Related: [-]
Monday, June 13, 2022
		adr Mediation Conference Scheduled Mon 06/13 9:15 AM SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 8/16/2022 at 09:30 AM in telephone or video conference.(mnp) Related: [-]
Thursday, June 09, 2022
		adr Mediation Conference Not Held Thu 06/09 2:36 PM MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 6/21/2022 will not be held. Mediation Status due by 6/24/2022.(mnp) Related: [-]
Tuesday, May 03, 2022
		adr Mediation Conference Scheduled Tue 05/03 10:45 AM FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 6/21/2022 at 09:30 AM in telephone or video conference.(mnp) Related: [-]
Tuesday, April 05, 2022
		adr Notice of Mediator Assignment Tue 04/05 9:37 AM NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/5/2022.(ah) Related: [-]
Friday, April 01, 2022
15		15 notice Notice of Appearance of Pro Bono Counsel - Limited Appearance Fri 04/01 4:34 PM NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Emilie Baser. Mediator to be Assigned by 4/11/2022..(Toes, Susanne) Related: [-]
Thursday, March 24, 2022
13		13 order Amended Order Referring Case to Magistrate Judge Thu 03/24 12:43 PM AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge James L. Cott. (Signed by Judge John P. Cronan on 3/24/2022) (ate) Related: [-]
12		12 motion Leave to File Document Thu 03/24 10:45 AM LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge John P. Cronan from Christopher Coulston dated March 24, 2022. Document filed by City University of New York (CUNY)..(Coulston, Christopher) Related: [-]
		order Order on Motion for Leave to File Document Thu 03/24 2:15 PM ORDER denying without prejudice12 Letter Motion for Leave to File Document. Judge Cronan has now referred this case to me to handle any dispositive motions (Dkt. No. 13), such as the one proposed by defendant in its letter-motion filed today (Dkt. No. 12), and accordingly I will address defendant's request to file a motion to dismiss. Because this case has been referred to the Court Mediation Program (Dkt. No. 7) and there is no indication on the docket (or in Defendant's letter-motion) that the mediation has taken place, the request to file a motion to dismiss is denied without prejudice to renewal if the mediation is unsuccessful. The time for the defendant to move, answer, or otherwise respond to the complaint is hereby extended until after the mediation has taken place. If the mediation is unsuccessful, the defendant can renew its request to file a motion to dismiss, and propose a briefing schedule at that time. Defense counsel is directed to send a copy of this text order to the pro se plaintiff by email. The Court respectfully directs the Clerk's office to mail a copy to plaintiff as well. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Cott, James) Related: [-]
		misc Mail Order by USPS Thu 03/24 3:38 PM Mailed a copy of 14 Order on Motion for Leave to File Document to Emilie Baser at 100 Hicks Lane, Great Neck, NY 11024. (kh) Related: [-]
Monday, March 14, 2022
11		11 service Certificate of Service Complaints Tue 03/15 9:04 AM SHERIFF'S CERTIFICATE OF SERVICE ON CORPORATION, PARTNERSHIP OR GOVERNMENTAL SUBDIVISION of Summons and Complaint. City University of New York (CUNY) served on 3/3/2022, answer due 3/24/2022. Service was accepted by Tatiana Dunlap, Corporal. Document filed by Emilie Baser. (sc) Related: [-]
Friday, January 07, 2022
10		10 misc FRCP 4 Service Package - Mailed Fri 01/07 9:47 AM INFORMATION PACKAGE MAILED to Emilie Baser 100 Hicks Lane Great Neck, NY 11024, at, on 1/7/2022 Re:6 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, a copy of the Mediation Referral Order for Pro Se Employment Discrimination Cases, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 1 copies of Summons(es) mailed. (aan) Related: [-]
9		9 service Summons Issued Fri 01/07 9:45 AM SUMMONS ISSUED as to City University of New York (CUNY). (aan) Related: [-]
Thursday, January 06, 2022
8		8 1 pgs order Order Referring Case to Magistrate Judge Thu 01/06 1:27 PM ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. (Signed by Judge John P. Cronan on 1/6/2022) (ate) Related: [-]
7		7 order Mediation Referral Order for Pro Se Employment Discrimination Cases Thu 01/06 1:25 PM MEDIATION REFERRAL ORDER FOR PRO SE EMPLOYMENT DISCRIMINATION CASES: IT IS ORDERED that this pro se case is referred for mediation to the Court's Mediation Program. Local Civil Rule 83.9 and the Mediation Program Procedures shall govern the mediation. Unless otherwise ordered, the mediation will have no effect upon any scheduling order issued by this Court, and all parties are obligated to continue to litigate the case. IT IS FURTHER ORDERED that the Clerk of Court shall attempt to locate pro bono counsel to represent Plaintiff at the mediation. Pro bono counsel will contact Plaintiff directly. Because volunteer attorneys are a scarce resource, pro se litigants are not entitled to their choice of pro bono counsel. Cf. Cooper v. Sargenti, 877 F.2d 170, 172-73 (2d Cir. 1989). If Plaintiff chooses not to work with the volunteer attorney or law-school clinic that reaches out to Plaintiff, Plaintiff's options are to obtain counsel on his or her own or proceed pro se in all aspects of this matter including mediation. The time to assign a mediator under Local Civil Rule 83.9 and the Court's Mediation Program Procedures will be deferred until pro bono counsel has filed a Notice of Limited Appearance of Pro Bono Counsel. Pro bono counsel will represent Plaintiff solely for purposes of the mediation, and that representation will terminate at the conclusion of the mediation process. IT IS FURTHER ORDERED that any objection by Plaintiff to the Court's request for pro bono counsel to represent Plaintiff in the mediation must be filed within 14 days of this order. (Signed by Judge John P. Cronan on 1/6/2022) (ate) Related: [-]
6		6 1 pgs order Order of Service Thu 01/06 1:19 PM ORDER OF SERVICE: Plaintiff, who is proceeding pro se, paid the filing fees to commence this action. The Clerk of Court is directed to issue a summons as to Defendant City University of New York (CUNY). Plaintiff is directed to serve the summons and complaint on Defendant within 90 days of the issuance of the summons. If within those 90 days, Plaintiff has neither served Defendant nor requested an extension of time to do so, the Court may dismiss the claims against Defendant under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. (Signed by Judge John P. Cronan on 1/6/2022) (ate) Related: [-]
		notice Notice of Case Assignment/Reassignment Thu 01/06 8:41 AM NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Louis L. Stanton is no longer assigned to the case. (aea) Related: [-]
		utility Case Designation Thu 01/06 8:42 AM Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (aea) Related: [-]
Wednesday, January 05, 2022
		misc Pro Se Payment of Fee - Processed Wed 01/05 10:08 AM Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 01/04/2022, Receipt Number 465401291614. (stt) Related: [-]
Tuesday, December 14, 2021
4		4 2 pgs order Order Denying IFP Application Tue 12/14 12:07 PM ORDER DENYING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is denied because Plaintiff has sufficient assets to pay the fees. See 28 U.S.C. � 1915(a)(1). Plaintiff is directed to pay $402.00 in fees within 30 days of the date of this order. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Filing Fee due by 1/13/2022. (Signed by Judge Louis L. Stanton on 12/13/2021) (vn) Related: [-]
		notice Notice of Case Assignment/Reassignment - Sua Sponte Tue 12/14 7:13 AM NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case..(bcu) Related: [-]
		misc Mail Order by USPS Tue 12/14 2:21 PM Mailed a copy of4 Order Denying IFP Application to Emilie Baser at 100 Hicks Lane, Great Neck, NY 11024. (kh) Related: [-]
Tuesday, December 07, 2021
3		3 notice Notice of Appearance Thu 12/09 9:43 AM NOTICE OF APPEARANCE by Emilie Baser..(rdz) Related: [-]
2		2 cmp Complaint Thu 12/09 9:30 AM COMPLAINT against City University of New York (CUNY). Document filed by Emilie Baser.(rdz) (Main Document 2 replaced on 12/9/2021) (rdz) Related: [-]
1		1 misc Request to Proceed In Forma Pauperis Thu 12/09 9:29 AM REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Emilie Baser..(rdz) Related: [-]
		utility Case Designated ECF Thu 12/09 9:31 AM Case Designated ECF. (rdz) Related: [-]

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