Case Details

CourtSouthern District of Iowa
Docket number4:17-cv-00058
Date case filed2017-02-17
Date case closed
Date of latest filing
Assigned toJudge Rebecca Goodgame Ebinger
Case cause28:1332 Diversity-Breach of Contract
Nature of suit190 Contract: Other
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: Tom Rossley
Party type: Plaintiff
Attorney name: Andrew T. Miltenberg
Attorney Contact:
NESENOFF & MILTENBERG, LLP
363 SEVENTH AVENUE
5TH FLOOR
NEW YORK, NY 10001-3904
212-736-4500
Fax: 212-736-2260
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: David Harris Goldman
Attorney Contact:
BABICH GOLDMAN, P.C.
501 S.W. Seventh Street
Suite J
Des Moines, IA 50309-4537
515 244 4300
Fax: 244 2650
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Diana R. Warshow
Attorney Contact:
NESENOFF & MILTENBERG, LLP
363 SEVENTH AVENUE
5TH FLOOR
NEW YORK, NY 10001-3904
212-736-4500
Fax: 212-736-2260
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Gabrielle M. Vinci
Attorney Contact:
NESENOFF & MILTENBERG, LLP
363 SEVENTH AVENUE
5TH FLOOR
NEW YORK, NY 10001-3904
212-736-4500
Fax: 212-364-2260
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Phillip F. Van Liew
Attorney Contact:
BABICH GOLDMAN, P.C.
501 S.W. Seventh Street
Suite J
Des Moines, IA 50309-4537
515-244-4300
Fax: 515-309-6823
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Drake University
Party type: Defendant
Attorney name: Frances M. Haas
Attorney Contact:
NYEMASTER GOODE PC
625 First Street, S.E.
Suite 400,
Cedar Rapids, IA 52401
319-286-7007
Fax: 319-286-7050
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Frank B Harty
Attorney Contact:
NYEMASTER GOODE PC
700 WALNUT STREET
SUITE 1600
DES MOINES, IA 50309-3899
515 283 3170
Fax: 515 283 8045
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Mary E Funk
Attorney Contact:
NYEMASTER GOODE PC
700 WALNUT STREET
SUITE 1600
DES MOINES, IA 50309-3899
515 283 3100
Fax: 515 283 8045
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Drake University Board of Trustees
Party type: Defendant
Attorney name: Frances M. Haas
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Frank B Harty
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Mary E Funk
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12017-02-17 COMPLAINT against All Defendants Filing fee paid in the amount of $ 400, receipt number 0863-3136228., filed by Tom Rossely. Notice of Dismissal for lack of Service deadline set for 5/18/2017. Rule 16 Notice of Dismissal set for 6/19/2017.(Goldman, David) (Entered: 02/17/2017)
22017-02-17 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3136268 Fee paid in the amount of $75. by Tom Rossely. (Attachments: # 1 ECF Registration for ATM)(Goldman, David) (Entered: 02/17/2017)
32017-02-17 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3136295 Fee paid in the amount of $75. by Tom Rossely. (Attachments: # 1 ECF Registration for DRW)(Goldman, David) (Entered: 02/17/2017)
42017-02-17 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3136304 Fee paid in the amount of $75. by Tom Rossely. (Attachments: # 1 ECF Registration for GMV)(Goldman, David) (Entered: 02/17/2017)
52017-02-21 TEXT ORDER granting 2 Motion for Leave to Appear Pro Hac Vice Andrew T. Miltenberg; granting 3 Motion for Leave to Appear Pro Hac Vice Diana R. Warshow; granting 4 Motion for Leave to Appear Pro Hac Vice Gabrielle M. Vinci. Signed by Clerk of Court John Courter on 2/21/2017. (tae, ) (Entered: 02/21/2017)
62017-02-21 NOTICE of Appearance by Phillip F. Van Liew on behalf of Tom Rossely (Van Liew, Phillip) (Entered: 02/21/2017)
72017-03-01 WAIVER OF SERVICE Returned Executed filed by Tom Rossely; Drake University waiver served on 2/28/2017, answer due 5/1/2017. (Goldman, David) (Entered: 03/01/2017)
82017-03-01 WAIVER OF SERVICE Returned Executed filed by Tom Rossely; Drake University Board of Trustees waiver served on 2/28/2017, answer due 5/1/2017. (Goldman, David) (Entered: 03/01/2017)
92017-04-18 NOTICE of Appearance by Frances M. Haas on behalf of Drake University, Drake University Board of Trustees (Haas, Frances) (Entered: 04/18/2017)
102017-04-18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Partial Motion to Dismiss by Drake University, Drake University Board of Trustees. Responses due by 5/2/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: # 1 Brief in Support of Their Partial Motion to Dismiss)(Haas, Frances) (Entered: 04/18/2017)
112017-04-18 NOTICE of Appearance by Frank B Harty on behalf of All Defendants (Harty, Frank) (Entered: 04/18/2017)
122017-04-19 NOTICE of Appearance by Mary E Funk on behalf of Drake University, Drake University Board of Trustees (Funk, Mary) (Entered: 04/19/2017)
132017-04-25 TEXT ORDER FOR SUBMISSION OF PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN: The parties shall confer and file a proposed scheduling order and discovery plan as provided under L.R. 16 by May 10, 2017. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 4/25/2017. (jeb) (Entered: 04/25/2017)
142017-05-01 Consent MOTION for Extension of Time to File Opposition by Tom Rossely.Motions referred to Stephen B. Jackson, Jr. Responses due by 5/15/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Vinci, Gabrielle) (Entered: 05/01/2017)
152017-05-01 TEXT ORDER granting 14 plaintiff's unopposed request for extension of time. As requested, plaintiff shall have until May 16, 2017, to file a resistance to Defendants' Partial Motion to Dismiss 10 . Defendants shall have until May 23, 2017, to file a reply. For future requests, counsel must follow the requirements of the court's Local Rules including Rules 7 and 10 as to the proper form of motions and as to the need for expedited relief. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 5/1/2017. (jeb) (Entered: 05/01/2017)
162017-05-09 Joint MOTION for Extension of Time For Scheduling Order/R16 Deadlines of To submit Proposed Scheduling Order and Discovery Plan by Tom Rossely.Motions referred to Stephen B. Jackson, Jr. Responses due by 5/23/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Vinci, Gabrielle) (Entered: 05/09/2017)
172017-05-10 TEXT ORDER granting 16 Joint Motion to Extend Time to File Joint Proposed Scheduling Order and Joint Discovery Plan. The deadline for the parties to file a proposed scheduling order and discovery plan shall be continued until further order of the court. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 5/10/2017. (jeb) (Entered: 05/10/2017)
182017-05-16 RESPONSE to Motion re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Partial Motion to Dismiss filed by Tom Rossely. Replies due by 5/23/2017.(Vinci, Gabrielle) (Entered: 05/16/2017)
192017-05-22 Unresisted MOTION for Extension of Time to File Reply in Further Support of Their Partial Motion to Dismiss by Drake University, Drake University Board of Trustees.Motions referred to Stephen B. Jackson, Jr. Responses due by 6/5/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Haas, Frances) (Entered: 05/22/2017)
202017-05-22 TEXT ORDER granting 19 Defendants' Unresisted Motion for Extension of Time to File Reply in Further Support of Their Partial Motion to Dismiss. Defendants shall have until May 31, 2017, to file their reply. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 5/22/2017. (jeb) (Entered: 05/22/2017)
212017-05-26 REPLY Defendants' Reply in Further Support of Their Partial Motion to Dismiss re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Partial Motion to Dismiss filed by Drake University, Drake University Board of Trustees.(Haas, Frances) (Entered: 05/26/2017)
222017-07-14 First MOTION to Amend/Correct 1 Complaint, by Tom Rossely.Motions referred to Stephen B. Jackson, Jr. Responses due by 7/28/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Declaration Of Andrew T. Miltenberg, Esq. In Support Of Plaintiffs First Motion To Amend, # 3 Exhibit Proposed Amended Complaint, # 4 Exhibit Proposed Amended Complaint with Changes Highlighted, # 5 Exhibit EEOC Complaint, # 6 Exhibit EEOC Right to Sue Letter)(Miltenberg, Andrew) (Entered: 07/14/2017)
232017-07-19 TEXT ORDER FOR L.R. 7(k) STATEMENT: Plaintiff's indication in a footnote within its Memorandum of Law [22-1] that "counsel contacted Defendants' counsel via email... but did not receive a response" does not sufficiently comply with Local Rule 7(k). Consequently, as required, Plaintiff's counsel shall personally confer in good faith with Defendants' counsel as to whether Defendants consent to Plaintiff's First Motion for Leave to Amend the Complaint 22 and then file a supplementation to the motion by July 24, 2017, stating Defendants' position. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 7/19/2017. (jeb) (Entered: 07/19/2017)
242017-07-24 DECLARATION of Gabrielle M. Vinci re 22 First MOTION to Amend/Correct 1 Complaint, , 23 Order,, in supplement to Plaintiff's First Motion to Amend by Tom Rossley. (Attachments: # 1 Exhibit 1)(Miltenberg, Andrew) (Entered: 07/24/2017)
252017-07-24 TEXT ORDER granting 22 Plaintiff's unopposed First Motion for Leave to Amend the Complaint. Plaintiff shall file his amended complaint as proposed by no later than July 27, 2017. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 7/24/2017. (jeb) (Entered: 07/24/2017)
262017-07-26 AMENDED COMPLAINT against Drake University, Drake University Board of Trustees., filed by Tom Rossley. (Attachments: # 1 Exhibit Text Order granting Plaintiff's Motion for Leave to Amend Complaint)(Miltenberg, Andrew) (Entered: 07/26/2017)
272017-07-31 CERTIFICATE OF SERVICE by Tom Rossley re 26 Amended Complaint (Warshow, Diana) (Entered: 07/31/2017)
282017-08-03 Unresisted MOTION for Extension of Time to File Defendants' Unresisted Motion for Extension of Time to File Response to Amended Complaint by Drake University, Drake University Board of Trustees.Motions referred to Stephen B. Jackson, Jr. Responses due by 8/17/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Haas, Frances) (Entered: 08/03/2017)
292017-08-04 TEXT ORDER granting 28 Defendants' Unresisted Motion for Extension of Time to File Response to Amended Complaint. As requested, defendants shall have until August 16, 2017, to file an answer or other responsive pleading to the Amended Complaint 26 . Signed by Magistrate Judge Stephen B. Jackson, Jr. on 8/4/2017. (jeb) (Entered: 08/04/2017)