Case: 1:15-cv-00938-FPG As of: 10/12/2017 11:39 AM EDT 1 of 8 LEAD,MEDIATION,ProSe
U.S. DISTRICT COURT U.S. District Court, Western District of New York (Buffalo) CIVIL DOCKET FOR CASE #: 1:15−cv−00938−FPG Chinn v. The Elmwood Franklin School et al Assigned to: Hon. Frank P. Geraci, Jr. Demand: $9,000,000 Cause: 42:1983 Civil Rights (Employment Discrimination) Plaintiff Shellonnee B. Chinn
Date Filed: 10/29/2015 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by Shellonnee B. Chinn 55 Janet Street Buffalo, NY 14215 716−316−9312 PRO SE
V. Defendant The Elmwood Franklin School
represented by Brendan Patrick Kelleher Harris Beach LLP Larkin at Exchange 726 Exchange Street Suite 1000 Buffalo, NY 14210 716−200−5050 Fax: 716−200−5201 Email: bkelleher@harrisbeach.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant The Buffalo Public Schools District
represented by Joel Clarence Moore City of Buffalo Corporation Counsel's Office 1100 City Hall 65 Nigara Square Buffalo, NY 14202−3331 716−851−4313 Fax: 716−551−5563 Email: jcmoore@buffaloschools.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Sarah Duddy individually and as The Elmwood Franklin, Lower School Head of School, and Defacto Head of School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Andrew Deyell individually and as The Elmwood Franklin School, Head of School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Fred Acquavita individually, and as The Elmwood
represented by Brendan Patrick Kelleher (See above for address)
Case: 1:15-cv-00938-FPG As of: 10/12/2017 11:39 AM EDT 2 of 8 Franklin, Interim Head of School, Acting Lower School Head of School, and Defacto Head of School
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Alyssa Schwabe individually, and as The Elmwood Franklin School, Defacto Head of School, and Lower School Teacher
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Patti Scaffidi individually, and as The Elmwood Franklin School, Defacto head of School, and Lower School Teacher
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Molly Clauss individually, and as The Elmwood Franklin School, Defacto Head of School, and Lower School Teacher
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Jenna Evaldi individually, and as The Elmwood Franklin School, Defacto ehad of School, and Lower School Teacher
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Michele Kulpit individually, and as The Elmwood Franklin School, Defacto Head of School, and Lower School Teacher
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant The Elmwood Franklin School Board of Trustees each in their official and individual capacties: Michael Joseph, Alice Jacobs, Barry Heneghan, Catherine Beltz−Foley, Cyndi Burnett, Christopher Koch, Omar Kahn, Brian J. Lipke, Alon Kupferman, Kimisha Brown Houston, Cutler Greene, Arthur Glick, etc.
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
V. Consol Defendant Michael Joseph individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Alice Jacobs individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Case: 1:15-cv-00938-FPG As of: 10/12/2017 11:39 AM EDT 3 of 8 Consol Defendant Barry Heneghan individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Catherine Beltz−Foley individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Cyndi Burnett individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Christopher Koch individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Omar Khan individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Brian J. Lipke individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Alon Kupferman individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Kimisha Brown Houston individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Cutler Greene individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Arthur Glick individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Case: 1:15-cv-00938-FPG As of: 10/12/2017 11:39 AM EDT 4 of 8 Consol Defendant Keith Frome individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Scott Friedman individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Terri Rich individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Peter Allen Weinmann
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Nicholas B. Tzetzo individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Sonja Siren individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant . Robert Scott individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Anthony Johnson individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Defendant Michele Lee individually and as Trustee of The Elmwood Franklin School
represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed
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Docket Text
09/28/2017
69 DECISION AND ORDER: The Court Orders as follows:
Case: 1:15-cv-00938-FPG As of: 10/12/2017 11:39 AM EDT 5 of 8 1) Plaintiff's Motions for an extension of time to complete service on Defendants is GRANTED, and she shall have until October 31, 2017 to serve all Defendants; 2) Defendant Deyell's Motion to Vacate the Clerk's Entry of Default in Case No. 15−CV−1050 is GRANTED, and Plaintiff's Motion for Default Judgment against Deyell is DENIED; 3) Plaintiff's applications for costs regarding service are DENIED WIHTOUT PREJUDICE, and the parties are strongly encouraged to discuss and resolve the issue of reasonable service costs against Defendants amongst themselves; and 4) the cases of (1) Chinn v. Elmwood Franklin, 15−CV−938−FPG; (2) Chinn v. Elmwood Franklin, 15−CV−964−FPG; (3) Chinn v. Deyell, 15−CV−1050−FPG; and (4) Chinn v. Duddy, 16−CV−61−FPG are hereby CONSOLIDATED, and all future filings shall occur under the lead docket of 15−CV−938−FPG. 5) After consolidating the cases, the Clerk of Court shall close case numbers 15−CV−964−FPG, 15−CV−1050−FPG, and 16−CV−61−FPG. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/28/17.A copy of the NEF from each of the 4 cases, and a single copy of the Decision and Order entered in each case has been mailed to the pro se Plaintiff. (SCE) −CLERK TO FOLLOW UP− (Entered: 09/28/2017) 03/21/2017
68 AFFIRMATION filed by The Elmwood Franklin School , et al.. (Attachments: # 1 Civil Cover Sheet Defendant's Cover Letter to Judge Geraci, # 2 Exhibit Complaint, # 3 Exhibit Motion for Enlargement of Time, # 4 Exhibit Plaintiff's Motion for Service Fees)(Kelleher, Brendan) (Entered: 03/21/2017)
03/21/2017
67 AFFIRMATION filed by The Elmwood Franklin School , et al.. (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Motion for Enlargement of Time, # 3 Exhibit Plaintiff's Motion for Service Fees, # 4 Civil Cover Sheet Defendant's Cover Letter to Judge)(Kelleher, Brendan) (Entered: 03/21/2017)
03/01/2017
66 MOTION for Payment of Service Costs as to Alice Jacobs by Shellonnee B. Chinn.(NRE) (Entered: 03/03/2017)
03/01/2017
65 MOTION for Payment of Service Costs as to Alan Kupferman by Shellonnee B. Chinn.(NRE) (Entered: 03/03/2017)
03/01/2017
64 MOTION for Payment of Service Costs as to Alyssa Schwabe by Shellonnee B. Chinn.(NRE) (Entered: 03/03/2017)
03/01/2017
63 MOTION for Payment of Service Costs as to Andrew Deyell by Shellonnee B. Chinn.(NRE) (Entered: 03/03/2017)
03/01/2017
62 MOTION for Payment of Service Costs as to Anthony Johnson by Shellonnee B. Chinn.(NRE) (Entered: 03/03/2017)
03/01/2017
61 MOTION for Payment of Service Costs as to Arthur Glick by Shellonnee B. Chinn.(NRE) (Entered: 03/03/2017)
03/01/2017
60 MOTION for Payment of Service Costs as to Barry Heneghan by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
59 MOTION for Payment of Service Costs as to Brian J. Lipke by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
58 MOTION for Payment of Service Costs as to Catherine Beltz−Foley by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
57 MOTION for Payment of Service Costs as to Christopher Koch by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
Case: 1:15-cv-00938-FPG As of: 10/12/2017 11:39 AM EDT 6 of 8 03/01/2017
56 MOTION for Payment of Service Costs as to Cutler Greene by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
55 MOTION for Payment of Service Costs as to Cyndi Burnett by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
54 MOTION for Payment of Service Costs as to Fred Acquavita by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
53 MOTION for Payment of Service Costs as to Jenna Evaldi by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
52 MOTION for Payment of Service Costs as to Keith Frome by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
51 MOTION for Payment of Service Costs as to Kimisha Brown Houston by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
50 MOTION for Payment of Service Costs as to Michael Joseph by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
49 MOTION for Payment of Service Costs as to Michele Kulpit by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
48 MOTION for Payment of Service Costs as to Michele Lee by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
47 MOTION for Payment of Service Costs as to Molly Clauss by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
46 MOTION for Payment of Service Costs as to Nicholas B. Tzeto by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
45 MOTION for Payment of Service Costs as to Omar Kahn by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
44 MOTION for Payment of Service Costs as to Patti Scaffidi by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
43 MOTION for Payment of Service Costs as to Peter Allen Weinmann by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
42 MOTION for Payment of Service Costs as to Robert Scott by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
41 MOTION for Payment of Service Costs as to Sarah Duddy by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
40 MOTION for Payment of Service Costs as to Scott Friedman by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
39 MOTION for Payment of Service Costs as to Sonja Siren by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
38 MOTION for Payment of Service Costs as to Terri Rich by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
03/01/2017
37 MOTION for Payment of Service Costs as to The Elmwood Franklin School by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)
01/30/2017
36 SUMMONS Returned Executed by Shellonnee B. Chinn. Fred Acquavita served on 1/27/2017, answer due 2/17/2017. (SG) (Entered: 01/31/2017)
01/24/2017
35 ANSWER to 1 Complaint, by The Buffalo Public Schools District.(Moore, Joel) (Entered: 01/24/2017)
01/24/2017
34 NOTICE of Appearance by Joel Clarence Moore on behalf of The Buffalo Public Schools District (Moore, Joel) (Entered: 01/24/2017)
01/09/2017
33 SUMMONSES returned executed as to Trustees (SG) (Entered: 01/11/2017)
Case: 1:15-cv-00938-FPG As of: 10/12/2017 11:39 AM EDT 7 of 8 01/05/2017
32 SUMMONS RETURNED Executed by Plaintiff as to Catherine Beltz−Foley. (SG) (Entered: 01/09/2017)
01/05/2017
31 SUMMONS Returned Executed by Shellonnee B. Chinnas to The Elmwood Franklin School (SG) (Entered: 01/09/2017)
01/05/2017
30 SUMMONS Returned Executed by Shellonnee B. Chinn. The Buffalo Public Schools District served on 1/5/2017, answer due 1/26/2017. (SG) (Entered: 01/09/2017)
01/03/2017
29 MOTION for extension of time to serve by Shellonnee B. Chinn. (Attachments: # 1 Proposed Order)(SG) (Entered: 01/04/2017)
12/22/2016
28 NOTICE of Defendant's Failure to Comply with Electronic Filing and Service of Documents by Shellonnee B. Chinn (SG) (Entered: 12/22/2016)
12/08/2016
27 NOTICE of Defendant's Failure to Comply with FRCP 7.1 by Shellonnee B. Chinn (SG) (Entered: 12/12/2016)
12/06/2016
26 NOTICE of Defendant's Failure to Comply with FRCP 5(a) by Shellonnee B. Chinn (SG) (Entered: 12/07/2016)
11/10/2016
25 SUMMONS Returned Executed by Shellonnee B. Chinn. Michele Kulpit served on 11/10/2016, answer due 12/1/2016. (SG) (Entered: 11/15/2016)
11/10/2016
24 SUMMONS Returned Executed by Shellonnee B. Chinn. The Elmwood Franklin School served on 11/10/2016, answer due 12/1/2016. (SG) (Entered: 11/15/2016)
11/01/2016
23 SUMMONS Returned Executed by Shellonnee B. Chinn. Patti Scaffidi served on 10/31/2016, answer due 11/21/2016. (SG) (Entered: 11/02/2016)
11/01/2016
22 Letter from Plaintiff, dated 11/1/16, to Brendan P. Kelleher, Esq. (SG) (Entered: 11/01/2016)
10/24/2016
21 AFFIDAVIT of Service for Summons and Complaint served on Andrew Deyell on 10/24/2016, filed by Shellonnee B. Chinn. (KLH) (Entered: 10/25/2016)
10/24/2016
Clerk's Default Not Entered. Plaintiff notified. Reason: Answer timely filed. (KLH) (Entered: 10/24/2016)
10/24/2016
20 REQUEST for Clerk's Entry of Default by Shellonnee B. Chinn against The Elmwood Franklin School Board of Trustees. (KLH) (Entered: 10/24/2016)
10/24/2016
19 REQUEST for Clerk's Entry of Default by Shellonnee B. Chinn against Alyssa Schwabe. (KLH) (Entered: 10/24/2016)
10/24/2016
18 REQUEST for Clerk's Entry of Default by Shellonnee B. Chinn against The Elmwood Franklin School Board of Trustees − Arthur Glick. (KLH) Modified on 10/24/2016 to correct file date (KLH). (Entered: 10/24/2016)
10/24/2016
17 REQUEST for Clerk's Entry of Default by Shellonnee B. Chinn against The Elmwood Franklin School Board of Trustees − Christopher Koch. (KLH) Modified on 10/24/2016 to identify individual deft and correct file date (KLH). (Entered: 10/24/2016)
10/20/2016
16 REQUEST for Clerk's Entry of Default by Shellonnee B. Chinn against Molly Clauss. (KLH) (Entered: 10/24/2016)
10/20/2016
15 REQUEST for Clerk's Entry of Default by Shellonnee B. Chinn against Sarah Duddy. (KLH) (Entered: 10/24/2016)
10/20/2016
14 REQUEST for Clerk's Entry of Default by Shellonnee B. Chinn against Jenna Evaldi. (KLH) (Entered: 10/24/2016)
10/17/2016
ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative−dispute−resolution(SG) (Entered: 10/17/2016)
10/14/2016
13 ANSWER to 1 Complaint, by Fred Acquavita, Molly Clauss, Andrew Deyell, Sarah Duddy, Jenna Evaldi, Michele Kulpit, Patti Scaffidi, Alyssa Schwabe, The Buffalo Public Schools District, The Elmwood Franklin School, The Elmwood Franklin School Board of Trustees.(Kelleher, Brendan) (Entered: 10/14/2016)
Case: 1:15-cv-00938-FPG As of: 10/12/2017 11:39 AM EDT 8 of 8 09/27/2016
12 AFFIRMATION/CERTIFICATE OF SERVICE by Shellonnee B. Chinn (SG) (Entered: 09/29/2016)
09/27/2016
11 AFFIRMATION/CERTIFICATE OF SERVICE by Shellonnee B. Chinn (SG) (Entered: 09/29/2016)
09/27/2016
10 AFFIRMATION/CERTIFICATE OF SERVICE by Shellonnee B. Chinn re 1 Complaint, (SG) (Entered: 09/29/2016)
09/27/2016
9 SUMMONS Returned Executed by Shellonnee B. Chinn. Alyssa Schwabe served on 9/27/2016, answer due 10/18/2016. (SG) (Entered: 09/29/2016)
09/27/2016
8 AMENDED SUMMONS Returned Executed by Shellonnee B. Chinn. Molly Clauss served on 9/23/2016, answer due 10/14/2016. (SG) (Entered: 09/29/2016)
09/27/2016
7 AMENDED SUMMONS Returned Executed by Shellonnee B. Chinn. Jenna Evaldi served on 9/23/2016, answer due 10/14/2016. (SG) (Entered: 09/29/2016)
09/27/2016
6 AMENDED SUMMONS Returned Executed by Shellonnee B. Chinn. Sarah Duddy served on 9/23/2016, answer due 10/14/2016. (SG) (Entered: 09/29/2016)
09/23/2016
5 CERTIFICATE OF SERVICE by Shellonnee B. Chinn re 1 Complaint, (SG) (Entered: 09/26/2016)
09/23/2016
4 CERTIFICATE OF SERVICE by Shellonnee B. Chinn re 1 Complaint, (SG) (Entered: 09/26/2016)
09/23/2016
3 CERTIFICATE OF SERVICE by Shellonnee B. Chinn re 1 Complaint, (SG) (Entered: 09/26/2016)
09/06/2016
Summons Issued as to Fred Acquavita, Molly Clauss, Andrew Deyell, Sarah Duddy, Jenna Evaldi, Michele Kulpit, Patti Scaffidi, Alyssa Schwabe, The Buffalo Public Schools District, The Elmwood Franklin School, The Elmwood Franklin School Board of Trustees. (SG) (Entered: 09/06/2016)
09/06/2016
Filing fee: $ 400.00, receipt number 52025 (SG) (Entered: 09/06/2016)
11/02/2015
Consent to Proceed Before a Magistrate Judge mailed to plaintiff. (SG) (Entered: 11/02/2015)
10/29/2015
AUTOMATIC REFERRAL to Mediation The ADR Plan was handed to plaintiff at Intake along with List of Mediators and Privacy Notice.(SG) (Entered: 11/02/2015)
10/29/2015
2 MOTION for Leave to Proceed in forma pauperis by Shellonnee B. Chinn.(SG) (Entered: 11/02/2015)
10/29/2015
1 COMPLAINT against Fred Acquavita, Molly Clauss, Andrew Deyell, Sarah Duddy, Jenna Evaldi, Michele Kulpit, Patti Scaffidi, Alyssa Schwabe, The Buffalo Public Schools District, The Elmwood Franklin School, The Elmwood Franklin School Board of Trustees, filed by Shellonnee B. Chinn.(SG) (Entered: 11/02/2015)