Bowditch v. Fordham University et al
| New York Southern District Court | |
| Judge: | Vernon S Broderick |
| Case #: | 1:23-cv-04001 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1332 Diversity Action |
| Case Filed: | May 12, 2023 |
| Last checked: Thursday Nov 09, 2023 6:05 AM EST |
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Counter Claimant
Oswaldo Hugo Benavides
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Represented By
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Counter Defendant
Julius Bowditch
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Represented By
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Defendant
Oswaldo Hugo Benavides
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Represented By
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Defendant
Fordham University
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Represented By
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Defendant
John and Jane Does 1-10
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Defendant
Nancy Hark
Fordham University Faculty Memorial Hall, Room 506 2540 Belmont Avenue
Bronx, NY 10458 |
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Plaintiff
Julius Bowditch
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Represented By
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| Docket last updated: 7 hours ago |
| Friday, August 30, 2024 | ||
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notice
Notice of Redesignation to Magistrate Judge
Fri 08/30 5:49 PM
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Henry J. Ricardo to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (vba) |
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| Friday, July 26, 2024 | ||
| 39 | 39
2
pgs
order
Order on Motion to Dismiss
Fri 07/26 5:08 PM
ORDER denying as moot18 Motion to Dismiss Accordingly, it is hereby: ORDERED that in light of Defendants' December 1, 2023 motion to dismiss the Amended Complaint, Defendants September 27, 2023 motion to dismiss the Complaint is denied as MOOT. The Clerk of Court is respectfully directed to terminate the open motion at Doc. 6. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/26/2024) (jca) |
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| Friday, January 12, 2024 | ||
| 38 | 38
respm
Reply Memorandum of Law in Support of Motion
Fri 01/12 2:01 PM
REPLY MEMORANDUM OF LAW in Support re:33 FIRST MOTION to Dismiss the amended complaint of plaintiff Julius Bowditch . . Document filed by Fordham University, Nancy Hark..(McLaughlin, Jennifer) |
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| Wednesday, December 27, 2023 | ||
| 37 | 37
30+
pgs
respm
Memorandum of Law in Opposition to Motion
Wed 12/27 7:56 PM
MEMORANDUM OF LAW in Opposition re:33 FIRST MOTION to Dismiss the amended complaint of plaintiff Julius Bowditch . . Document filed by Julius Bowditch..(Lax, Joshua) |
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| Thursday, December 14, 2023 | ||
| 36 | 36
respoth
Amended Answer to Counterclaim
Thu 12/14 2:53 PM
AMENDED ANSWER to31 Answer to Amended Complaint, Counterclaim. Document filed by Julius Bowditch..(Lax, Joshua) |
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| Friday, December 01, 2023 | ||
| 35 | 35
respm
Memorandum of Law in Support of Motion
Fri 12/01 1:35 PM
MEMORANDUM OF LAW in Support re:33 FIRST MOTION to Dismiss the amended complaint of plaintiff Julius Bowditch . . Document filed by Fordham University, Nancy Hark..(McLaughlin, Jennifer) |
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| 34 | 34
respm
Affirmation in Support of Motion
Fri 12/01 1:33 PM
AFFIRMATION of Jennifer A. McLaughlin in Support re:33 FIRST MOTION to Dismiss the amended complaint of plaintiff Julius Bowditch .. Document filed by Fordham University, Nancy Hark..(McLaughlin, Jennifer) |
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Att: 1
Exhibit Exhibit A - Amended Complaint
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| 33 | 33
motion
Dismiss
Fri 12/01 1:28 PM
FIRST MOTION to Dismiss the amended complaint of plaintiff Julius Bowditch . Document filed by Fordham University, Nancy Hark..(McLaughlin, Jennifer) |
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| Thursday, November 30, 2023 | ||
| 32 | 32
notice
Notice of Appearance
Thu 11/30 3:29 PM
NOTICE OF APPEARANCE by Stuart Bernstein on behalf of Oswaldo Hugo Benavides..(Bernstein, Stuart) |
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| 31 | 31
answer
Answer to Amended Complaint Counterclaim
Thu 11/30 3:12 PM
ANSWER to28 Amended Complaint., COUNTERCLAIM against Julius Bowditch. Document filed by Oswaldo Hugo Benavides..(Miltenberg, Andrew) |
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| Thursday, October 26, 2023 | ||
| 30 | 30
service
Summons Issued
Thu 10/26 2:50 PM
ELECTRONIC SUMMONS ISSUED as to Nancy Hark..(gp) |
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| Wednesday, October 25, 2023 | ||
| 29 | 29
service
Request for Issuance of Amended Summons
Wed 10/25 7:20 PM
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Nancy Hark, Esq., re:28 Amended Complaint. Document filed by Julius Bowditch..(Lax, Joshua) |
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| 28 | 28
cmp
Amended Complaint
Wed 10/25 7:18 PM
AMENDED COMPLAINT amending7 Complaint against Oswaldo Hugo Benavides, Fordham University, Nancy Hark, John and Jane Does 1-10 with JURY DEMAND.Document filed by Julius Bowditch. Related document:7 Complaint..(Lax, Joshua) |
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| Friday, October 20, 2023 | ||
| 27 | 27
answer
Answer to Counterclaim
Fri 10/20 5:22 PM
ANSWER to23 Counterclaim. Document filed by Julius Bowditch..(Lax, Joshua) |
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| Thursday, October 12, 2023 | ||
| 26 | 26
order
Order on Motion for Extension of Time to File
Thu 10/12 1:49 PM
ORDER granting25 Letter Motion for Extension of Time to File. APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/12/2023) (jca) |
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utility
Set/Reset Deadlines
Thu 10/12 1:50 PM
Set/Reset Deadlines: Amended Pleadings due by 10/25/2023. Motions due by 12/1/2023. Responses due by 12/27/2023 Replies due by 1/12/2024. (jca) |
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| Wednesday, October 11, 2023 | ||
| 25 | 25
motion
Extension of Time to File Document
Wed 10/11 11:18 AM
CONSENT LETTER MOTION for Extension of Time to File Opposition and Proposed Schedule addressed to Judge Vernon S. Broderick from Joshua J. Lax dated October 11, 2023. Document filed by Julius Bowditch..(Lax, Joshua) |
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| Friday, September 29, 2023 | ||
| 24 | 24
notice
Notice of Appearance
Fri 09/29 4:46 PM
NOTICE OF APPEARANCE by Helen J. Setton on behalf of Oswaldo Hugo Benavides..(Setton, Helen) |
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| 23 | 23
answer
Answer to Complaint Counterclaim
Fri 09/29 4:40 PM
ANSWER to7 Complaint., COUNTERCLAIM against Julius Bowditch. Document filed by Oswaldo Hugo Benavides..(Miltenberg, Andrew) |
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| 22 | 22
notice
Notice of Appearance
Fri 09/29 4:35 PM
NOTICE OF APPEARANCE by Andrew Todd Miltenberg on behalf of Oswaldo Hugo Benavides..(Miltenberg, Andrew) |
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| Wednesday, September 27, 2023 | ||
| 21 | 21
misc
Rule 7.1 Corporate Disclosure Statement
Wed 09/27 2:56 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fordham University..(McLaughlin, Jennifer) |
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| 20 | 20
respm
Memorandum of Law in Support of Motion
Wed 09/27 2:54 PM
MEMORANDUM OF LAW in Support re:18 MOTION to Dismiss . . Document filed by Fordham University..(McLaughlin, Jennifer) |
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| 19 | 19
respm
Declaration in Support of Motion
Wed 09/27 2:50 PM
DECLARATION of Jennifer A. McLaughlin in Support re:18 MOTION to Dismiss .. Document filed by Fordham University..(McLaughlin, Jennifer) |
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Att: 1
Exhibit A - Complaint
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| 18 | 18
motion
Dismiss
Wed 09/27 2:47 PM
MOTION to Dismiss . Document filed by Fordham University..(McLaughlin, Jennifer) |
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| Wednesday, August 30, 2023 | ||
| 17 | 17
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Wed 08/30 11:36 AM
ORDER granting16 Letter Motion for Extension of Time to File Response/Reply re16 LETTER MOTION for Extension of Time to File Response/Reply as to7 Complaint addressed to Judge Vernon S. Broderick from Ryan Soebke dated August 29, 2023. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/30/2023) (tg) |
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utility
Set/Reset Deadlines
Wed 08/30 11:36 AM
Set/Reset Deadlines: Fordham University answer due 9/27/2023. (tg) |
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| Tuesday, August 29, 2023 | ||
| 16 | 16
motion
Extension of Time to File Response/Reply
Tue 08/29 10:03 AM
LETTER MOTION for Extension of Time to File Response/Reply as to7 Complaint addressed to Judge Vernon S. Broderick from Ryan Soebke dated August 29, 2023. Document filed by Fordham University..(Soebke, Ryan) |
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| Wednesday, August 02, 2023 | ||
| 15 | 15
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Wed 08/02 2:46 PM
ORDER granting11 Letter Motion for Extension of Time to File Response/Reply re11 LETTER MOTION for Extension of Time to File Response/Reply as to7 Complaint addressed to Judge Vernon S. Broderick from Ryan Soebke dated August 1, 2023. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/2/2023) (rro) |
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| 14 | 14
service
Waiver of Service Executed
Wed 08/02 2:08 PM
WAIVER OF SERVICE RETURNED EXECUTED. Oswaldo Hugo Benavides waiver sent on 7/31/2023, answer due 9/29/2023. Document filed by Julius Bowditch..(Lax, Joshua) |
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| 13 | 13
service
Affidavit of Service Complaints
Wed 08/02 2:07 PM
AFFIDAVIT OF SERVICE. Oswaldo Hugo Benavides served on 7/25/2023, answer due 8/15/2023. Service was made by Mail. Document filed by Julius Bowditch..(Lax, Joshua) |
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| 12 | 12
service
Affidavit of Service Complaints
Wed 08/02 2:04 PM
AFFIDAVIT OF SERVICE. Fordham University served on 7/13/2023, answer due 8/3/2023. Service was accepted by Daniel Couriel, Office of General Counsel for Fordham University. Document filed by Julius Bowditch..(Lax, Joshua) |
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utility
Set/Reset Deadlines
Wed 08/02 2:47 PM
Set/Reset Deadlines: Fordham University answer due 9/6/2023. (rro) |
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| Tuesday, August 01, 2023 | ||
| 11 | 11
motion
Extension of Time to File Response/Reply
Tue 08/01 1:49 PM
LETTER MOTION for Extension of Time to File Response/Reply as to7 Complaint addressed to Judge Vernon S. Broderick from Ryan Soebke dated August 1, 2023. Document filed by Fordham University..(Soebke, Ryan) |
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| 10 | 10
notice
Notice of Appearance
Tue 08/01 1:43 PM
NOTICE OF APPEARANCE by Ryan Soebke on behalf of Fordham University..(Soebke, Ryan) |
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| 9 | 9
notice
Notice of Appearance
Tue 08/01 1:40 PM
NOTICE OF APPEARANCE by Jennifer A. McLaughlin on behalf of Fordham University..(McLaughlin, Jennifer) |
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| Tuesday, May 16, 2023 | ||
| 8 | 8
misc
Civil Cover Sheet
Tue 05/16 4:16 PM
CIVIL COVER SHEET filed..(Lax, Joshua) |
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| 7 | 7
cmp
Complaint
Tue 05/16 4:14 PM
COMPLAINT against Oswaldo Hugo Benavides, Fordham University. Document filed by Julius Bowditch..(Lax, Joshua) |
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| Monday, May 15, 2023 | ||
| 6 | 6
service
Summons Issued
Mon 05/15 3:12 PM
ELECTRONIC SUMMONS ISSUED as to Fordham University..(gp) |
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| 5 | 5
service
Summons Issued
Mon 05/15 3:11 PM
ELECTRONIC SUMMONS ISSUED as to Oswaldo Hugo Benavides..(gp) |
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misc
Notice to Attorney Regarding Deficient Pleading
Mon 05/15 10:53 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joshua Joseph Lax to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (gp) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Mon 05/15 10:57 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Joshua Joseph Lax to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): The Nature of Suit section on the PDF has multiple selections. Place an X in ONE Nature of Suit box and Citizenship of Principle Parties select on the PDF has multiple selection. Place an X in ONE defendants selection box and refile the Civil Cover Sheet.refile.. Re-file the document using the event type Civil Cover Sheet found under the (gp) |
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notice
Case Opening Initial Assignment Notice
Mon 05/15 3:11 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(gp) |
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utility
Case Designation
Mon 05/15 3:11 PM
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] . (gp) |
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utility
Case Designated ECF
Mon 05/15 3:11 PM
Case Designated ECF. (gp) |
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| Friday, May 12, 2023 | ||
| 4 | 4
service
Request for Issuance of Summons
Fri 05/12 9:20 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Oswaldo Hugo Benavides, re:1 Complaint. Document filed by Julius Bowditch..(Lax, Joshua) |
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| 3 | 3
service
Request for Issuance of Summons
Fri 05/12 9:19 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Fordham University, re:1 Complaint. Document filed by Julius Bowditch..(Lax, Joshua) |
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| 2 | 2
misc
Civil Cover Sheet
Fri 05/12 9:16 PM
CIVIL COVER SHEET filed..(Lax, Joshua) |
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| 1 | 1
20
pgs
cmp
Complaint
Fri 05/12 9:09 PM
COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-27736186)Document filed by Julius Bowditch..(Lax, Joshua) |
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