DUCHESNEAU v. CORNELL UNIVERSITY et al

Filing 21

ORDER THAT: DEFT CORNELL UNIVERSITY'S MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(b)(2) AND (3), OR, IN THE ALTERNATIVE, TRANSFER THIS ACTION TO THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK IS DENIED; DEFT TUMBLTRAK'S MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(b)(3) IS DENIED. A FED.R.CIV.P. 16 CONFERENCE SHALL BE HELD BY TELEPHONE ON 12/3/09, AT 11:30, ETC.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/30/09. 10/1/09 ENTERED AND COPIES E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA RANDALL DUCHESNEAU, Plaintiff, v. CORNELL UNIVERSITY and TUMBLTRAK, Defendants. : : : : : : : : : : CIVIL ACTION NO. 08-4856

ORDER AND NOW, this 30th day of September, 2009 it is ORDERED that: 1. Defendant Cornell University's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) and (3), or, in the Alternative, Transfer This Action to the U.S. District Court for the Northern District of New York (Docket No. 5) is DENIED; 2. Defendant Tumbltrak's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(3) (Docket No. 4) is DENIED; 3. A Fed. R. Civ. P. 16 conference shall be held by telephone on December 3, 2009, at 11:30 a.m. Counsel for Plaintiff shall initiate the call to Chambers. A. The parties shall make the required initial disclosures pursuant to Fed. R. Civ. P. 26(a) within 14 days of the date of this Order. B. The parties shall commence discovery immediately and shall have conducted substantial discovery before the Rule 16 conference. C. After consultation with counsel for all parties, counsel shall complete the required Report of Rule 26(f) Meeting and file the same with the Clerk of Court at least 5 business days prior to the Rule 16 conference. Counsel

shall incorporate all the information described in Judge Jones' form Report, which can be found at www.paed.uscourts.gov. 4. At the Rule 16 conference, the parties shall be prepared to discuss: (a) settlement negotiations to date; (b) referral to a Magistrate Judge for settlement negotiations; and (c) referral to a Magistrate Judge for all proceedings. At that time, the Court will also discuss scheduling.

BY THE COURT: /s/ C. Darnell Jones II C. DARNELL JONES II, J.