Documentation to "My Case"
Thursday, May 25, 2006
Wednesday, May 24, 2006
Presidential election results in Suffolk, L.I.
Monday, May 22, 2006
Docket
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U.S. District Court
Eastern District of New York (Central Islip)
CIVIL DOCKET FOR CASE #: 2:05-cv-03817-SJF-ARL
Gasparik v. Stony Brook University
Assigned to: Judge Sandra J. Feuerstein
Referred to: Magistrate-Judge Arlene R. Lindsay
Demand: $300,000
Cause: 42:1983 Civil Rights (Employment Discrimination)
Date Filed: 08/11/2005
Date Terminated: 07/09/2007
Jury Demand: Both
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Tibor Gasparik
represented by
Tibor Gasparik
352 Plad Blvd
Holtsville, NY 11742
631-447-2168
PRO SE
V.
Defendant
Stony Brook University
represented by
Lori L. Pack
Office of the New York State Attorney General
300 Motor Parkway
Suite 205
Hauppauge, NY 11788
(631) 231-2177
Fax: (631) 435-4757
Email: lori.pack@oag.state.ny.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
08/11/2005 1 COMPLAINT (Rec #17222) against Stony Brook University $ 250, filed by Tibor Gasparik. (Attachments: # 1, 2 Civil Cover Sheet)(Serret, Liliana) (Entered: 08/12/2005)
08/11/2005 Summons Issued as to Stony Brook University. (Serret, Liliana) (Entered: 08/12/2005)
08/12/2005 2 SUMMONS Returned Executed by Tibor Gasparik. Stony Brook University served on 8/12/2005, answer due 9/1/2005. (Mierzejewski, Elizabeth) (Entered: 08/12/2005)
08/15/2005 Case Ineligible for Arbitration (Bollbach, Jean) (Entered: 08/15/2005)
09/08/2005 3 ANSWER to Complaint with Jury Demand by Stony Brook University. (Pack, Lori) (Entered: 09/08/2005)
09/08/2005 4 MOTION for Default Judgment as to Stony Brook University by Tibor Gasparik, with Affidavit in support and proposed Clerk’s notation of Default. (Mierzejewski, Elizabeth) Modified on 9/8/2005 (Mierzejewski, Elizabeth). (Entered: 09/08/2005)
09/09/2005 5 AMENDED ANSWER to summons and complaint by Stony Brook University. (Pack, Lori) (Entered: 09/09/2005)
09/09/2005 6 Letter from Lori Pack to Plaintiff Regarding Motion to Set aside Default Judgment. (Pack, Lori) (Entered: 09/09/2005)
09/14/2005 8 NOTICE the parties are hereby noticed that the court will conduct a status conference on Wednesday, September 28, 2005 @11:30 a.m. at the Central Islip courthouse. (Mierzejewski, Elizabeth) (Entered: 10/11/2005)
09/26/2005 7 MOTION to Set Aside Default by Stony Brook University. (Attachments: # 1 # 2 # 3 # 4) (Pack, Lori) (Entered: 09/26/2005)
10/12/2005 9 ORDER: setting discovery schedule and a final conference before the undersigned on 5/16/06 at 10:30 am. Ordered by Judge Arlene R. Lindsay on 10/12/05. See attached order for details. c/mcrr# 7003 3110 0002 9227 4113-pl, c/ecf-dft (Morabito, Bryan) (Entered: 10/13/2005)
10/12/2005 Minute Entry for proceedings held before Arlene R. Lindsay: Discovery Hearing held on 10/12/2005. See document 9 for appearance information. (Morabito, Bryan) (Entered: 10/13/2005)
10/12/2005 10 Minute Entry: Case called for proceedings held before Sandra J. Feuerstein: Status Conference held on 10/12/2005 @10:30 a.m. For Plaintiff: Tibor Gasparik, For Defendant: Lori Pack Motion to vacate default judgment GRANTED for the reasons stated on the record; supervision of discovery is respectfully referred to Magistrate Judge Lindsay. (Court Reporter Perry Auerbach.) (Mierzejewski, Elizabeth) (Entered: 10/21/2005)
10/26/2005 11 CERTIFICATE OF SERVICE by Tibor Gasparik. Certified Mail sent to Tibor Gasparik. (Williams-Jackson, Sandy) (Entered: 10/26/2005)
11/15/2005 12 AFFIDAVIT in Opposition to Defendant’s motion to dismiss by Tibor Gasparik. (Mierzejewski, Elizabeth) (Entered: 11/22/2005)
11/23/2005 13 Letter from Lori Pack to Plaintiff Regarding papers filed by Plaintiff. (Pack, Lori) (Entered: 11/23/2005)
12/27/2005 14 LETTER dtd 12/6/05 from Tibor Gasparik to Lori Pack re: Proposal, pursuant to Rule 26 of the Federal Rules of Civil Procedure, for us to meet and develop a discovery plan. Enclosed is a CD containing all information currently available to me that is relevant to the case. Please take your time to review the information. (Mierzejewski, Elizabeth) (Entered: 12/29/2005)
12/27/2005 15 LETTER dtd 12/14/05 from Tibor Gasparik to Ms. Pack re: Enclosed please find a list containing the names, addresses and telephone numbers of each individual likely to have discoverable information in support of my claims made in the action CV 05-3817. This disclosure is made in compliance with the Rule 26 of the Federal Rules of Civil Procedure. (Mierzejewski, Elizabeth) (Entered: 12/29/2005)
01/18/2006 16 LETTER dtd 1/7/06 from Tibor Gasparik to Ms. Pack, Assistant Attorney General of the State of New York re: “Considering your previous record of non-cooperation and the fast approaching deadline for the completion of the discovery by April 24, 2006, I must insist that you respond by the end of January at the latest. Failure to do so would force me to file a motion to compel discovery and to ask the court for appropriate sanctions”. (Mierzejewski, Elizabeth) (Entered: 01/19/2006)
01/26/2006 17 Letter MOTION for Extension of Time to File motion to dismiss by Stony Brook University. (Pack, Lori) (Entered: 01/26/2006)
01/30/2006 18 LETTER dtd 1/30/2006 from Tibor Gasparik to Judge Feuerstein re: Opposition to the request by the defendant for an extension of time to file a motion to dismiss. (Mierzejewski, Elizabeth) (Entered: 01/31/2006)
02/01/2006 19 Letter MOTION to Compel defendant to carry out a survey of the political affiliation or orientation of tenured faculty members employed by the Stony Brook University by Tibor Gasparik. (Mierzejewski, Elizabeth) (Entered: 02/06/2006)
02/13/2006 20 ORDER denying 19: See attached order for details. Ordered by Judge Arlene R. Lindsay on February 13, 2006. (cmrrr/p, c/ecf,d) (Cornett, Alix) (Entered: 02/13/2006)
02/13/2006 Motions terminated, docketed incorrectly 19 Letter MOTION to Compel defendant to carry out a survey of the political affiliation or orientation of tenured faculty members employed by the Stony Brook University filed by Tibor Gasparik (terminated by order dated 2/13/06). (Morabito, Bryan) (Entered: 02/28/2006)
03/03/2006 21 Letter requesting conference by Stony Brook University. (Pack, Lori) (Entered: 03/03/2006)
03/06/2006 22 LETTER dated 3/6/06 from Tibor Gasparik to Judge Lindsay Re: To bring again to your attention the complete lack of cooperation in this matter by the Defendant’s attorney Lori L. Pack. As amply documented in the docket, it required two months, repeated attempts by Plaintiff, and your intervention to initiated discovery. (Coleman, Laurie) (Entered: 03/06/2006)
03/06/2006 23 ORDER denying 22 and 21: See attached order for details. Ordered by Judge Arlene R. Lindsay on March 6, 2006. (cmrrr/p, c/ecf/d) (Cornett, Alix) (Entered: 3/06/2006)
03/14/2006 24 MOTION to Compel Defendant to produce answers to Plaintiff’s interrogatories and requested documents filed by Tibor Gasparik. (Mierzejewski, Elizabeth) (Entered: 03/15/2006)
03/17/2006 57 Mail receipt. Sent to Tibor Gasparik. (#7003 3110 0002 9227 4649) (Mierzejewski, Elizabeth) (Entered: 05/31/2007)
03/21/2006 25 AFFIDAVIT in Opposition re 24 MOTION to Compel Defendant to produce answers to Plaintiff’s interrogatories and requested documents filed by Stony Brook University. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6) (Pack, Lori) (Entered: 03/21/2006)
03/22/2006 26 AFFIDAVIT in Opposition re 24 MOTION to Compel Defendant to produce answers to Plaintiff’s interrogatories and requested documents filed by Stony Brook University. (Pack, Lori) (Entered: 03/22/2006)
03/30/2006 27 ORDER re: 24 Motion to Compel. A telephone conference will be held April 18,2006 at 11:30 AM, in this matter. See attachment for details. Ordered by Judge Arlene R. Lindsay on 3/6/06. c/ecf-dft, cmcrr# 7003 3110 0002 9227 4700-pl (Morabito, Bryan) (Entered: 03/30/2006)
04/04/2006 28 NOTICE OF SUPPLEMETARY EXPLANATION to the motion to compel production of documents by Tibor Gasparik (Mierzejewski, Elizabeth) (Entered: 04/05/2006)
04/10/2006 29 Letter regarding discovery documents by Stony Brook University. (Attachments: # 1) (Pack, Lori) (Entered: 04/10/2006)
04/11/2006 30 LETTER dtd 4/11/06 from Tibor Gasparik to Magistrate Judge Lindsay re: response to the objection to the Court’s order from March 30, 2006, served on April 10, 2006, by Lori L. Pack, attorney for the Defendant. In this objection the Defendant claims not being able to produce requested documents because “the policy of the defendant is to destroy these type of records after ten years. However, the said policy would only apply to the documents of two out of the listed four research personnel, Kurt Leinenweber and Yanbin Wang, who were terminated more than 10 years ago, while from the other two, Michael T. Vaughan is still employed by the defendant, and Jianzhong Zhang was terminated in 2003. Plaintiff fully expects from the defendant to produce the requested documents for Michael T. Vaughan and Jianzhong Zhang in compliance with the said order. It is evident that the Defendant’s attorney provided again a misleading objection to avoid producing any relevant documents in the sustained effort to frustrate Plaintiff’s imposition of the long-overdue mandatory sanctions. (Mierzejewski, Elizabeth) (Entered: 04/12/2006)
04/18/2006 31 ORDER: See attached order. Ordered by Judge Arlene R. Lindsay on 4/18/06. c/ecf-dft, cmcrr# 7003 3110 0002 9227 4748-pl (Morabito, Bryan) (Entered: 04/18/2006)
04/18/2006 Minute Entry for proceedings held before Arlene R. Lindsay: Telephone Conference held on 4/18/2006. See document 31 for appearance information. (Morabito, Bryan) (Entered: 04/18/2006)
04/18/2006 56 Mail receipt. Sent to Tibor Gasparik. (#7003 3110 0002 9227 4700) (Mierzejewski, Elizabeth) (Entered: 05/31/2007)
04/19/2006 32 LETTER dated 4/19/06 from Tibor Gasparik to Judge Lindsay re: Request that the Court consider the supplementary information in the appeal, reconsider the tentative denial of the original request, and issue an order compelling the Defendant to produce the requested production of documents. (Mierzejewski, Elizabeth) (Entered: 04/19/2006)
04/20/2006 33 ORDER re 32: See attached order for details. Ordered by Judge Arlene R. Lindsay on April 20, 2006. (cmrrr# 7003 3110 0002 9227 4809/p, c/ecf/d) (Cornett, Alix) Modified on 4/21/2006 (Morabito, Bryan) (Entered: 04/20/2006)
05/03/2006 34 Minute Entry for proceedings held before Arlene R. Lindsay: Telephone Conference held on 5/3/2006. (Morabito, Bryan) (Entered: 05/04/2006)
05/04/2006 35 ORDER re 32: See attached order for details. Ordered by Judge Arlene R. Lindsay on May 4, 2006. (c/edf/d, cmrrr7005 1820 0004 0295 3635/p) (Cornett, Alix) Modified on 5/4/2006 (Morabito, Bryan). Additional attachment(s) added on 5/4/2006 (Morabito, Bryan) (Entered: 05/04/2006)
05/05/2006 36 Letter MOTION to Compel Court to issue an Order the dft to provide written authorization which would permit the dft to provide written authorization, which would permit the Plf to gain access for perusal and copying to the employee files of two employees by Tibor Gasparik. (Barhome, Sydelle) (Entered: 05/08/2006)
05/05/2006 37 Letter from Tibor Gasparik to Honorable Arlene R. Lindsay, United States Magistrate Judge, dated 5/5/06 re: To request that the Court to issue an order that the deft provide written authorization, which would permit the pltff to gain access for perusal and copying the employee files of Michael T Vaughan and Jianzhong Zhang. (Fagan, Linda) (Entered: 05/09/2006)
05/09/2006 54 Mail receipt sent to Tibor Gasparik. (Receipt #7005 1820 0004 0295 3635) (Mierzejevski, Elizabeth) (Entered: 05/31/2007)
05/10/2006 38 ORDER re 36 and 37: See attached order for details. Ordered by Judge Arlene R. Lindsay on May 10, 2006. (c/ecf/d, cmrrr# 7005 1820 0004 0295 3673/p) (Cornett, Alix) Modified on 5/11/2006 (Morabito, Bryan) (Entered: 05/10/2006)
05/12/2006 39 Proposed Pretrial Order by Stony Brook University. (Pack, Lori) (Entered: 05/12/2006)
05/15/2006 40 LETTER dtd 5/13/06 from Tibor Gasparik to Ms. Pack re: Thank you for your cooperation in drafting the Joint Pre-Trial Order. Unfortunately, the version submitted to the court by your office contained inadvertent errors and omissions. This forced me to subsequently file an amended version of the Order with the relevant corrections in place. (Mierzejewski, Elizabeth) (Entered: 05/15/2006)
05/15/2006 41 Proposed Pretrial Order by Tibor Gasparik. (Mierzejewski, Elizabeth) (Entered: 05/15/2006)
05/16/2006 42 ORDER re 39 Proposed Pretrial Order filed by Stony Brook University, 40 Letter, filed by Tibor Gasparik, 41 Proposed Pretrial Order filed by Tibor Gasparik. Ordered by Judge Arlene R. Lindsay on 5/16/06. See attachment for details. c/ecf-dft, cmcrr# 7005 1820 0004 0295 4908-pl (Morabito, Bryan) (Entered: 05/16/2006)
05/16/2006 Judge Arlene R. Lindsay no longer assigned to case pursuant to document 42. (Morabito, Bryan) (Entered: 05/16/2006)
05/16/2006 Minute Entry for proceedings held before Arlene R. Lindsay: Final Pretrial Conference held on 5/16/2006. See document 42 for appearance information. (Morabito, Bryan) (Entered: 05/16/2006)
05/18/2006 55 Mail receipt. Sent to Tibor Gasparik. (7005 1820 0004 0295 3673) (Mierzejevski, Elizabeth) (Entered: 05/31/2007)
06/05/2006 43 LETTER dtd 6/5/06 from Tibor Gasparik to Ms. Pack re: Discovery issues have been concluded, I would like to propose our participation in the mediation program available in the Eastern District of New York. (Mierzejewski, Elizabeth) (Entered: 06/05/2006)
08/01/2006 44 LETTER dtd 8/1/06 from Tibor Gasparik to Judge Feuerstein re: The purpose of this letter is bring to your attention that the defendant has not responded to my proposal from June 5, 2006, to participate in the mediation program available at the Eastern District of New York pursuant to Local Civil Rule 83.11. Request that you issue an Order compelling the defendant to participate in the said mediation program. (Mierzejewski, Elizabeth) (Entered: 08/02/2006)
08/02/2006 45 Letter declining to participate in mediation by Stony Brook University. (Pack, Lori) (Entered: 08/02/2006)
09/12/2006 46 LETTER dtd 9/11/06 from Tibor Gasparik to Judge Feuerstein re: The purpose of this letter is to respectfully remind you to rule in response to my request from August 1, 2006, to issue an order compelling the defendant to participate in the mediation program available at the Eastern district of New York pursuant to Local Civil Rule 83.11. (Mierzejewski, Elizabeth) (Entered: 09/12/2006)
09/25/2006 47 ENDORSED ORDER granting 17 Motion for Extension of Time to File. Ordered by Judge Sandra J. Feuerstein on 9/25/06. (Mierzejewski, Elizabeth) Additional attachment(s) added on 9/26/2006 (Mierzejewski, Elizabeth). (Entered: 09/26/2006)
09/26/2006 Motions terminated per Chambers; see Doc. No. 10 and the 9/25/06 ruling: 36 Letter MOTION to Compel Court to issue and Order the dft to provide written authorization which would permit the Plf to gain access for perusal and copying to the employee files of two employees filed by Tibor Gasparik, 7 MOTION to Set Aside Default filed by Stony Brook University, 4 MOTION for Default Judgment as to Stony Brook University filed by Tibor Gasparik. (Vaughn, Terry) (Entered: 09/26/2006)
10/02/2006 48 Letter MOTION to Compel Defendants to file a motion to dismiss the case on a firm date set by the Court, by Tibor Gasparik (Mierzejewski, Elizabeth) (Entered: 10/03/2006)
01/02/2007 49 Letter to Plaintiff w/moving papers by Stony Brook University (Pack, Lori) (Entered: 01/02/2007)
01/23/2007 50 MOTION for Summary Judgment by Stony Brook University. (Attachments: # 1 Supplement Notice to Pro Se Party # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12) (Pack, Lori) (Entered: 01/23/2007)
01/23/2007 51 RESPONSE in Opposition re 50 MOTION for Summary Judgment filed by Stony Brook University. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6) (Pack, Lori) (Entered: 01/23/2007)
01/23/2007 52 LETTER dtd 1/23//07 from Counsel for Stony Brook University to Judge Feuerstein re: Enclosed Notice of Motion with supporting papers. (Mierzejewski, Elizabeth) (Entered: 01/30/2007)
01/25/2007 53 ORDER REFERRING MOTION: 50 MOTION for Summary Judgment filed by Stony Brook University. Ordered by Judge Sandra Feuerstein on 1/25/07. Motions referred to Arlene R. Lindsay. (Mierzejewski, Elizabeth) Modified on 2/1/2007 (Mierzejewski, Elizabeth) (Entered: 01/31/2007)
06/05/2007 58 LETTER APPLICATION dtd 6/5/07 from Tibor Gasparik to Judge Feuerstein re: Request that the Court set the date for the trial. (Mierzejewski, Elizabeth) (Entered: 06/05/2007)
07/02/2007 59 REPORT AND RECOMMENDATIONS: Set attached report recommending that the defendant’s motion for summary judgment 50 be granted and that the complaint be dismissed for lack of subject matter jurisdiction. Recommended by Judge Arlene R. Lindsay on 7/2/07. (c/ecf-d, c/mrrr# 7005 1820 0004 1295 8487 –p) (Goostein, Alyce) Modified on 7/2/2007 (Romano, Daniel) (Entered: 07/02/2007)
07/05/2007 60 OBJECTION to 59 Report and Recommendations, with application for appointment of Counsel by Tibor Gasparik. (Mierzejewski, Elizabeth) (Entered: 07/06/2007)
07/09/2007 61 OPINION & ORDER granting 50 Motion for Summary Judgment adopting Report and Recommendations as to 59 Report and Recommendations. Ordered by Judge Sandra J. Feuerstein on 7/9/07. cm (Mierzejewski, Elizabeth) (Entered: 07/09/2007)
07/09/2007 62 CLERK’S JUDGMENT in favor of Stony Brook University against Tibor Gasparik. That the plaintiff take nothing of the Defendant, that defendant’s motion for summary judgment is granted; and that plaintiff’s complaint is dismissed for lack of subject matter jurisdiction. Ordered by Judge Clerk of Court on 7/9/07. cm (Mierzejewski, Elizabeth) (Entered: 07/10/2007)
07/10/2007 Appeals packet mailed re 62 Clerk’s Judgment (Mierzejewski, Elizabeth) (Entered: 07/10/2007)
08/03/2007 63 NOTICE OF APPEAL as to 62 Clerk’s Judgment, by Tibor Gasparik. Filing fee $ 455. (Receipt #23632) (Attachments: # 1 Appeal of Summary Judgment # 2 Declaration with Exhibits # 3 Declaration without Exhibits 4 Receipt #23632) (Serret, Liliana)
08/07/2007 Electronic Index to Record on Appeal sent to US Court of Appeals. For docket entries without a hyperlink, contact the court and we’ll arrange for the document(s) to be made available to you. 17 Motion for Extension of Time to File, 31 Order, 62 Clerk’s Judgment, 43 Letter, 18 Letter, 21 Letter, 55 Mail receipt, 24 Motion to Compel, 60 Objection to Report and Recommendation, 35 Order, 2 Summons Returned Executed, 12 Affidavit in Opposition, 54 Mail Receipt, 3 Answer to Complaint, 63 Notice of Appeal, 26 Affidavit in Opposition to Motion, 6 Letter, 45 Letter, 48 Motion to Compel, 28 Notice (Other), 51 Response in Opposition to Motion, 61 Order on Motion for Summary Judgment, Order on Report and Recommendation, 33 Order, 7 Motion to Set Aside Default, 57 Mail Receipt, 52 Letter, 53 Order Referring Motion, 19 Motion to Compel, 15 Letter, 25 Affidavit in Opposition to Motion, 22 Letter, 32 Letter, 10 Status Conference, 16 Letter, 58 Letter, 27 Order on Motion to Compel, 41 Proposed Pretrial Order, 36 Motion to Compel, 23 Order, 59 Report and Recommendation, 1 Complaint, 42 Order, 49 Letter, 5 Amended Answer to Complaint, 29 Letter, 44 Letter, 34 Telephone Conference, 8 Notice (Other), 39 Proposed Pretrial Order, 37 Letter, 30 Letter, 11 Certificated of Service, 4 Motion to Default Judgment, 50 Motion for Summary Judgment, 14 Letter, 46 Letter, 20 Order, 40 Letter, 13 Letter, 38 Order, 9 Order, 56 Mail receipt, 47 Order on Motion for Extension of Time to File (Serret, Liliana) (Entered: 08/07/2007)
U.S. District Court
Eastern District of New York (Central Islip)
CIVIL DOCKET FOR CASE #: 2:05-cv-03817-SJF-ARL
Gasparik v. Stony Brook University
Assigned to: Judge Sandra J. Feuerstein
Referred to: Magistrate-Judge Arlene R. Lindsay
Demand: $300,000
Cause: 42:1983 Civil Rights (Employment Discrimination)
Date Filed: 08/11/2005
Date Terminated: 07/09/2007
Jury Demand: Both
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Tibor Gasparik
represented by
Tibor Gasparik
352 Plad Blvd
Holtsville, NY 11742
631-447-2168
PRO SE
V.
Defendant
Stony Brook University
represented by
Lori L. Pack
Office of the New York State Attorney General
300 Motor Parkway
Suite 205
Hauppauge, NY 11788
(631) 231-2177
Fax: (631) 435-4757
Email: lori.pack@oag.state.ny.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
08/11/2005 1 COMPLAINT (Rec #17222) against Stony Brook University $ 250, filed by Tibor Gasparik. (Attachments: # 1, 2 Civil Cover Sheet)(Serret, Liliana) (Entered: 08/12/2005)
08/11/2005 Summons Issued as to Stony Brook University. (Serret, Liliana) (Entered: 08/12/2005)
08/12/2005 2 SUMMONS Returned Executed by Tibor Gasparik. Stony Brook University served on 8/12/2005, answer due 9/1/2005. (Mierzejewski, Elizabeth) (Entered: 08/12/2005)
08/15/2005 Case Ineligible for Arbitration (Bollbach, Jean) (Entered: 08/15/2005)
09/08/2005 3 ANSWER to Complaint with Jury Demand by Stony Brook University. (Pack, Lori) (Entered: 09/08/2005)
09/08/2005 4 MOTION for Default Judgment as to Stony Brook University by Tibor Gasparik, with Affidavit in support and proposed Clerk’s notation of Default. (Mierzejewski, Elizabeth) Modified on 9/8/2005 (Mierzejewski, Elizabeth). (Entered: 09/08/2005)
09/09/2005 5 AMENDED ANSWER to summons and complaint by Stony Brook University. (Pack, Lori) (Entered: 09/09/2005)
09/09/2005 6 Letter from Lori Pack to Plaintiff Regarding Motion to Set aside Default Judgment. (Pack, Lori) (Entered: 09/09/2005)
09/14/2005 8 NOTICE the parties are hereby noticed that the court will conduct a status conference on Wednesday, September 28, 2005 @11:30 a.m. at the Central Islip courthouse. (Mierzejewski, Elizabeth) (Entered: 10/11/2005)
09/26/2005 7 MOTION to Set Aside Default by Stony Brook University. (Attachments: # 1 # 2 # 3 # 4) (Pack, Lori) (Entered: 09/26/2005)
10/12/2005 9 ORDER: setting discovery schedule and a final conference before the undersigned on 5/16/06 at 10:30 am. Ordered by Judge Arlene R. Lindsay on 10/12/05. See attached order for details. c/mcrr# 7003 3110 0002 9227 4113-pl, c/ecf-dft (Morabito, Bryan) (Entered: 10/13/2005)
10/12/2005 Minute Entry for proceedings held before Arlene R. Lindsay: Discovery Hearing held on 10/12/2005. See document 9 for appearance information. (Morabito, Bryan) (Entered: 10/13/2005)
10/12/2005 10 Minute Entry: Case called for proceedings held before Sandra J. Feuerstein: Status Conference held on 10/12/2005 @10:30 a.m. For Plaintiff: Tibor Gasparik, For Defendant: Lori Pack Motion to vacate default judgment GRANTED for the reasons stated on the record; supervision of discovery is respectfully referred to Magistrate Judge Lindsay. (Court Reporter Perry Auerbach.) (Mierzejewski, Elizabeth) (Entered: 10/21/2005)
10/26/2005 11 CERTIFICATE OF SERVICE by Tibor Gasparik. Certified Mail sent to Tibor Gasparik. (Williams-Jackson, Sandy) (Entered: 10/26/2005)
11/15/2005 12 AFFIDAVIT in Opposition to Defendant’s motion to dismiss by Tibor Gasparik. (Mierzejewski, Elizabeth) (Entered: 11/22/2005)
11/23/2005 13 Letter from Lori Pack to Plaintiff Regarding papers filed by Plaintiff. (Pack, Lori) (Entered: 11/23/2005)
12/27/2005 14 LETTER dtd 12/6/05 from Tibor Gasparik to Lori Pack re: Proposal, pursuant to Rule 26 of the Federal Rules of Civil Procedure, for us to meet and develop a discovery plan. Enclosed is a CD containing all information currently available to me that is relevant to the case. Please take your time to review the information. (Mierzejewski, Elizabeth) (Entered: 12/29/2005)
12/27/2005 15 LETTER dtd 12/14/05 from Tibor Gasparik to Ms. Pack re: Enclosed please find a list containing the names, addresses and telephone numbers of each individual likely to have discoverable information in support of my claims made in the action CV 05-3817. This disclosure is made in compliance with the Rule 26 of the Federal Rules of Civil Procedure. (Mierzejewski, Elizabeth) (Entered: 12/29/2005)
01/18/2006 16 LETTER dtd 1/7/06 from Tibor Gasparik to Ms. Pack, Assistant Attorney General of the State of New York re: “Considering your previous record of non-cooperation and the fast approaching deadline for the completion of the discovery by April 24, 2006, I must insist that you respond by the end of January at the latest. Failure to do so would force me to file a motion to compel discovery and to ask the court for appropriate sanctions”. (Mierzejewski, Elizabeth) (Entered: 01/19/2006)
01/26/2006 17 Letter MOTION for Extension of Time to File motion to dismiss by Stony Brook University. (Pack, Lori) (Entered: 01/26/2006)
01/30/2006 18 LETTER dtd 1/30/2006 from Tibor Gasparik to Judge Feuerstein re: Opposition to the request by the defendant for an extension of time to file a motion to dismiss. (Mierzejewski, Elizabeth) (Entered: 01/31/2006)
02/01/2006 19 Letter MOTION to Compel defendant to carry out a survey of the political affiliation or orientation of tenured faculty members employed by the Stony Brook University by Tibor Gasparik. (Mierzejewski, Elizabeth) (Entered: 02/06/2006)
02/13/2006 20 ORDER denying 19: See attached order for details. Ordered by Judge Arlene R. Lindsay on February 13, 2006. (cmrrr/p, c/ecf,d) (Cornett, Alix) (Entered: 02/13/2006)
02/13/2006 Motions terminated, docketed incorrectly 19 Letter MOTION to Compel defendant to carry out a survey of the political affiliation or orientation of tenured faculty members employed by the Stony Brook University filed by Tibor Gasparik (terminated by order dated 2/13/06). (Morabito, Bryan) (Entered: 02/28/2006)
03/03/2006 21 Letter requesting conference by Stony Brook University. (Pack, Lori) (Entered: 03/03/2006)
03/06/2006 22 LETTER dated 3/6/06 from Tibor Gasparik to Judge Lindsay Re: To bring again to your attention the complete lack of cooperation in this matter by the Defendant’s attorney Lori L. Pack. As amply documented in the docket, it required two months, repeated attempts by Plaintiff, and your intervention to initiated discovery. (Coleman, Laurie) (Entered: 03/06/2006)
03/06/2006 23 ORDER denying 22 and 21: See attached order for details. Ordered by Judge Arlene R. Lindsay on March 6, 2006. (cmrrr/p, c/ecf/d) (Cornett, Alix) (Entered: 3/06/2006)
03/14/2006 24 MOTION to Compel Defendant to produce answers to Plaintiff’s interrogatories and requested documents filed by Tibor Gasparik. (Mierzejewski, Elizabeth) (Entered: 03/15/2006)
03/17/2006 57 Mail receipt. Sent to Tibor Gasparik. (#7003 3110 0002 9227 4649) (Mierzejewski, Elizabeth) (Entered: 05/31/2007)
03/21/2006 25 AFFIDAVIT in Opposition re 24 MOTION to Compel Defendant to produce answers to Plaintiff’s interrogatories and requested documents filed by Stony Brook University. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6) (Pack, Lori) (Entered: 03/21/2006)
03/22/2006 26 AFFIDAVIT in Opposition re 24 MOTION to Compel Defendant to produce answers to Plaintiff’s interrogatories and requested documents filed by Stony Brook University. (Pack, Lori) (Entered: 03/22/2006)
03/30/2006 27 ORDER re: 24 Motion to Compel. A telephone conference will be held April 18,2006 at 11:30 AM, in this matter. See attachment for details. Ordered by Judge Arlene R. Lindsay on 3/6/06. c/ecf-dft, cmcrr# 7003 3110 0002 9227 4700-pl (Morabito, Bryan) (Entered: 03/30/2006)
04/04/2006 28 NOTICE OF SUPPLEMETARY EXPLANATION to the motion to compel production of documents by Tibor Gasparik (Mierzejewski, Elizabeth) (Entered: 04/05/2006)
04/10/2006 29 Letter regarding discovery documents by Stony Brook University. (Attachments: # 1) (Pack, Lori) (Entered: 04/10/2006)
04/11/2006 30 LETTER dtd 4/11/06 from Tibor Gasparik to Magistrate Judge Lindsay re: response to the objection to the Court’s order from March 30, 2006, served on April 10, 2006, by Lori L. Pack, attorney for the Defendant. In this objection the Defendant claims not being able to produce requested documents because “the policy of the defendant is to destroy these type of records after ten years. However, the said policy would only apply to the documents of two out of the listed four research personnel, Kurt Leinenweber and Yanbin Wang, who were terminated more than 10 years ago, while from the other two, Michael T. Vaughan is still employed by the defendant, and Jianzhong Zhang was terminated in 2003. Plaintiff fully expects from the defendant to produce the requested documents for Michael T. Vaughan and Jianzhong Zhang in compliance with the said order. It is evident that the Defendant’s attorney provided again a misleading objection to avoid producing any relevant documents in the sustained effort to frustrate Plaintiff’s imposition of the long-overdue mandatory sanctions. (Mierzejewski, Elizabeth) (Entered: 04/12/2006)
04/18/2006 31 ORDER: See attached order. Ordered by Judge Arlene R. Lindsay on 4/18/06. c/ecf-dft, cmcrr# 7003 3110 0002 9227 4748-pl (Morabito, Bryan) (Entered: 04/18/2006)
04/18/2006 Minute Entry for proceedings held before Arlene R. Lindsay: Telephone Conference held on 4/18/2006. See document 31 for appearance information. (Morabito, Bryan) (Entered: 04/18/2006)
04/18/2006 56 Mail receipt. Sent to Tibor Gasparik. (#7003 3110 0002 9227 4700) (Mierzejewski, Elizabeth) (Entered: 05/31/2007)
04/19/2006 32 LETTER dated 4/19/06 from Tibor Gasparik to Judge Lindsay re: Request that the Court consider the supplementary information in the appeal, reconsider the tentative denial of the original request, and issue an order compelling the Defendant to produce the requested production of documents. (Mierzejewski, Elizabeth) (Entered: 04/19/2006)
04/20/2006 33 ORDER re 32: See attached order for details. Ordered by Judge Arlene R. Lindsay on April 20, 2006. (cmrrr# 7003 3110 0002 9227 4809/p, c/ecf/d) (Cornett, Alix) Modified on 4/21/2006 (Morabito, Bryan) (Entered: 04/20/2006)
05/03/2006 34 Minute Entry for proceedings held before Arlene R. Lindsay: Telephone Conference held on 5/3/2006. (Morabito, Bryan) (Entered: 05/04/2006)
05/04/2006 35 ORDER re 32: See attached order for details. Ordered by Judge Arlene R. Lindsay on May 4, 2006. (c/edf/d, cmrrr7005 1820 0004 0295 3635/p) (Cornett, Alix) Modified on 5/4/2006 (Morabito, Bryan). Additional attachment(s) added on 5/4/2006 (Morabito, Bryan) (Entered: 05/04/2006)
05/05/2006 36 Letter MOTION to Compel Court to issue an Order the dft to provide written authorization which would permit the dft to provide written authorization, which would permit the Plf to gain access for perusal and copying to the employee files of two employees by Tibor Gasparik. (Barhome, Sydelle) (Entered: 05/08/2006)
05/05/2006 37 Letter from Tibor Gasparik to Honorable Arlene R. Lindsay, United States Magistrate Judge, dated 5/5/06 re: To request that the Court to issue an order that the deft provide written authorization, which would permit the pltff to gain access for perusal and copying the employee files of Michael T Vaughan and Jianzhong Zhang. (Fagan, Linda) (Entered: 05/09/2006)
05/09/2006 54 Mail receipt sent to Tibor Gasparik. (Receipt #7005 1820 0004 0295 3635) (Mierzejevski, Elizabeth) (Entered: 05/31/2007)
05/10/2006 38 ORDER re 36 and 37: See attached order for details. Ordered by Judge Arlene R. Lindsay on May 10, 2006. (c/ecf/d, cmrrr# 7005 1820 0004 0295 3673/p) (Cornett, Alix) Modified on 5/11/2006 (Morabito, Bryan) (Entered: 05/10/2006)
05/12/2006 39 Proposed Pretrial Order by Stony Brook University. (Pack, Lori) (Entered: 05/12/2006)
05/15/2006 40 LETTER dtd 5/13/06 from Tibor Gasparik to Ms. Pack re: Thank you for your cooperation in drafting the Joint Pre-Trial Order. Unfortunately, the version submitted to the court by your office contained inadvertent errors and omissions. This forced me to subsequently file an amended version of the Order with the relevant corrections in place. (Mierzejewski, Elizabeth) (Entered: 05/15/2006)
05/15/2006 41 Proposed Pretrial Order by Tibor Gasparik. (Mierzejewski, Elizabeth) (Entered: 05/15/2006)
05/16/2006 42 ORDER re 39 Proposed Pretrial Order filed by Stony Brook University, 40 Letter, filed by Tibor Gasparik, 41 Proposed Pretrial Order filed by Tibor Gasparik. Ordered by Judge Arlene R. Lindsay on 5/16/06. See attachment for details. c/ecf-dft, cmcrr# 7005 1820 0004 0295 4908-pl (Morabito, Bryan) (Entered: 05/16/2006)
05/16/2006 Judge Arlene R. Lindsay no longer assigned to case pursuant to document 42. (Morabito, Bryan) (Entered: 05/16/2006)
05/16/2006 Minute Entry for proceedings held before Arlene R. Lindsay: Final Pretrial Conference held on 5/16/2006. See document 42 for appearance information. (Morabito, Bryan) (Entered: 05/16/2006)
05/18/2006 55 Mail receipt. Sent to Tibor Gasparik. (7005 1820 0004 0295 3673) (Mierzejevski, Elizabeth) (Entered: 05/31/2007)
06/05/2006 43 LETTER dtd 6/5/06 from Tibor Gasparik to Ms. Pack re: Discovery issues have been concluded, I would like to propose our participation in the mediation program available in the Eastern District of New York. (Mierzejewski, Elizabeth) (Entered: 06/05/2006)
08/01/2006 44 LETTER dtd 8/1/06 from Tibor Gasparik to Judge Feuerstein re: The purpose of this letter is bring to your attention that the defendant has not responded to my proposal from June 5, 2006, to participate in the mediation program available at the Eastern District of New York pursuant to Local Civil Rule 83.11. Request that you issue an Order compelling the defendant to participate in the said mediation program. (Mierzejewski, Elizabeth) (Entered: 08/02/2006)
08/02/2006 45 Letter declining to participate in mediation by Stony Brook University. (Pack, Lori) (Entered: 08/02/2006)
09/12/2006 46 LETTER dtd 9/11/06 from Tibor Gasparik to Judge Feuerstein re: The purpose of this letter is to respectfully remind you to rule in response to my request from August 1, 2006, to issue an order compelling the defendant to participate in the mediation program available at the Eastern district of New York pursuant to Local Civil Rule 83.11. (Mierzejewski, Elizabeth) (Entered: 09/12/2006)
09/25/2006 47 ENDORSED ORDER granting 17 Motion for Extension of Time to File. Ordered by Judge Sandra J. Feuerstein on 9/25/06. (Mierzejewski, Elizabeth) Additional attachment(s) added on 9/26/2006 (Mierzejewski, Elizabeth). (Entered: 09/26/2006)
09/26/2006 Motions terminated per Chambers; see Doc. No. 10 and the 9/25/06 ruling: 36 Letter MOTION to Compel Court to issue and Order the dft to provide written authorization which would permit the Plf to gain access for perusal and copying to the employee files of two employees filed by Tibor Gasparik, 7 MOTION to Set Aside Default filed by Stony Brook University, 4 MOTION for Default Judgment as to Stony Brook University filed by Tibor Gasparik. (Vaughn, Terry) (Entered: 09/26/2006)
10/02/2006 48 Letter MOTION to Compel Defendants to file a motion to dismiss the case on a firm date set by the Court, by Tibor Gasparik (Mierzejewski, Elizabeth) (Entered: 10/03/2006)
01/02/2007 49 Letter to Plaintiff w/moving papers by Stony Brook University (Pack, Lori) (Entered: 01/02/2007)
01/23/2007 50 MOTION for Summary Judgment by Stony Brook University. (Attachments: # 1 Supplement Notice to Pro Se Party # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12) (Pack, Lori) (Entered: 01/23/2007)
01/23/2007 51 RESPONSE in Opposition re 50 MOTION for Summary Judgment filed by Stony Brook University. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6) (Pack, Lori) (Entered: 01/23/2007)
01/23/2007 52 LETTER dtd 1/23//07 from Counsel for Stony Brook University to Judge Feuerstein re: Enclosed Notice of Motion with supporting papers. (Mierzejewski, Elizabeth) (Entered: 01/30/2007)
01/25/2007 53 ORDER REFERRING MOTION: 50 MOTION for Summary Judgment filed by Stony Brook University. Ordered by Judge Sandra Feuerstein on 1/25/07. Motions referred to Arlene R. Lindsay. (Mierzejewski, Elizabeth) Modified on 2/1/2007 (Mierzejewski, Elizabeth) (Entered: 01/31/2007)
06/05/2007 58 LETTER APPLICATION dtd 6/5/07 from Tibor Gasparik to Judge Feuerstein re: Request that the Court set the date for the trial. (Mierzejewski, Elizabeth) (Entered: 06/05/2007)
07/02/2007 59 REPORT AND RECOMMENDATIONS: Set attached report recommending that the defendant’s motion for summary judgment 50 be granted and that the complaint be dismissed for lack of subject matter jurisdiction. Recommended by Judge Arlene R. Lindsay on 7/2/07. (c/ecf-d, c/mrrr# 7005 1820 0004 1295 8487 –p) (Goostein, Alyce) Modified on 7/2/2007 (Romano, Daniel) (Entered: 07/02/2007)
07/05/2007 60 OBJECTION to 59 Report and Recommendations, with application for appointment of Counsel by Tibor Gasparik. (Mierzejewski, Elizabeth) (Entered: 07/06/2007)
07/09/2007 61 OPINION & ORDER granting 50 Motion for Summary Judgment adopting Report and Recommendations as to 59 Report and Recommendations. Ordered by Judge Sandra J. Feuerstein on 7/9/07. cm (Mierzejewski, Elizabeth) (Entered: 07/09/2007)
07/09/2007 62 CLERK’S JUDGMENT in favor of Stony Brook University against Tibor Gasparik. That the plaintiff take nothing of the Defendant, that defendant’s motion for summary judgment is granted; and that plaintiff’s complaint is dismissed for lack of subject matter jurisdiction. Ordered by Judge Clerk of Court on 7/9/07. cm (Mierzejewski, Elizabeth) (Entered: 07/10/2007)
07/10/2007 Appeals packet mailed re 62 Clerk’s Judgment (Mierzejewski, Elizabeth) (Entered: 07/10/2007)
08/03/2007 63 NOTICE OF APPEAL as to 62 Clerk’s Judgment, by Tibor Gasparik. Filing fee $ 455. (Receipt #23632) (Attachments: # 1 Appeal of Summary Judgment # 2 Declaration with Exhibits # 3 Declaration without Exhibits 4 Receipt #23632) (Serret, Liliana)
08/07/2007 Electronic Index to Record on Appeal sent to US Court of Appeals. For docket entries without a hyperlink, contact the court and we’ll arrange for the document(s) to be made available to you. 17 Motion for Extension of Time to File, 31 Order, 62 Clerk’s Judgment, 43 Letter, 18 Letter, 21 Letter, 55 Mail receipt, 24 Motion to Compel, 60 Objection to Report and Recommendation, 35 Order, 2 Summons Returned Executed, 12 Affidavit in Opposition, 54 Mail Receipt, 3 Answer to Complaint, 63 Notice of Appeal, 26 Affidavit in Opposition to Motion, 6 Letter, 45 Letter, 48 Motion to Compel, 28 Notice (Other), 51 Response in Opposition to Motion, 61 Order on Motion for Summary Judgment, Order on Report and Recommendation, 33 Order, 7 Motion to Set Aside Default, 57 Mail Receipt, 52 Letter, 53 Order Referring Motion, 19 Motion to Compel, 15 Letter, 25 Affidavit in Opposition to Motion, 22 Letter, 32 Letter, 10 Status Conference, 16 Letter, 58 Letter, 27 Order on Motion to Compel, 41 Proposed Pretrial Order, 36 Motion to Compel, 23 Order, 59 Report and Recommendation, 1 Complaint, 42 Order, 49 Letter, 5 Amended Answer to Complaint, 29 Letter, 44 Letter, 34 Telephone Conference, 8 Notice (Other), 39 Proposed Pretrial Order, 37 Letter, 30 Letter, 11 Certificated of Service, 4 Motion to Default Judgment, 50 Motion for Summary Judgment, 14 Letter, 46 Letter, 20 Order, 40 Letter, 13 Letter, 38 Order, 9 Order, 56 Mail receipt, 47 Order on Motion for Extension of Time to File (Serret, Liliana) (Entered: 08/07/2007)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Long Island Federal Courthouse
814 Federal Plaza
Central Islip, NY 11722-4451
(631) 712-5730
BEFORE: ARLENE R. LINDSAY
United States Magistrate Judge
DATE: May 16, 2006
TIME: 10:30 A.M.
DOCKET NO:
05-cv-03817-SJF-ARL
CASE:
Gasparik v. Stony Brook University
INITIAL CONFERENCE
STATUS CONFERENCE
BY TELEPHONE
SETTLEMENT CONFERENCE
XX FINAL CONFERENCE
ORDER
APPEARANCES:
FOR PLAINTIFF:
Tibor Gasparik
FOR DEFENDANT:
Lori Pack
The following rulings were made:
On May 12, 2006, the parties submitted their proposed Joint Pretrial Order, which
substantially complied with District Judge Feuerstein’s requirements. Today the court received a
copy of a letter sent to the defendant by Mr. Gasparik enclosing an amended version of the
pretrial order. The defendant has consented to the amended version. The parties have indicated
that settlement is not possible at this time. Thus, this case is returned to the District Court for
final disposition.
SO ORDERED:
__________/s/_______________
EASTERN DISTRICT OF NEW YORK
Long Island Federal Courthouse
814 Federal Plaza
Central Islip, NY 11722-4451
(631) 712-5730
BEFORE: ARLENE R. LINDSAY
United States Magistrate Judge
DATE: May 16, 2006
TIME: 10:30 A.M.
DOCKET NO:
05-cv-03817-SJF-ARL
CASE:
Gasparik v. Stony Brook University
INITIAL CONFERENCE
STATUS CONFERENCE
BY TELEPHONE
SETTLEMENT CONFERENCE
XX FINAL CONFERENCE
ORDER
APPEARANCES:
FOR PLAINTIFF:
Tibor Gasparik
FOR DEFENDANT:
Lori Pack
The following rulings were made:
On May 12, 2006, the parties submitted their proposed Joint Pretrial Order, which
substantially complied with District Judge Feuerstein’s requirements. Today the court received a
copy of a letter sent to the defendant by Mr. Gasparik enclosing an amended version of the
pretrial order. The defendant has consented to the amended version. The parties have indicated
that settlement is not possible at this time. Thus, this case is returned to the District Court for
final disposition.
SO ORDERED:
__________/s/_______________
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
TIBOR GASPARIK,
Plaintiff,
.......................................................................................CV-05-03817 (SJF/ARL)
-against-
.......................................................................................JOINT PRE-TRIAL ORDER
STONY BROOK UNIVERSITY,
Defendants.
------------------------------------------------------------X
TRIAL COUNSEL
Plaintiff
Tibor Gasparik, pro se
352 Plad Blvd
Holtsville, N.Y. 11742
(631) 447-2168
Defendant
Eliot Spitzer, Attorney General For the State of New York
Lori Pack, AAG, of counsel
300 Motor Parkway, Suite 205
Hauppauge, N.Y. 11788
(631) 231-2177 telephone
(631) 435-4757 fax
SUBJECT MATTER JURISDICTION
Plaintiff alleges that this action arises under a Constitutional violation.
Defendant alleges that the Court lacks subject matter jurisdiction over this matter for the following reasons:
- The allegations raised in the complaint do not relate to a Constitutional violation;
- The Defendant is not a “person” as defined under 42 USC §1983 et. seq.; and
- Punitive damages are not permitted against the Defendant.
CLAIMS AND DEFENSES
Plaintiff claims that the Defendant persecuted him during his employment and eventually terminated his employment because of Plaintiff’s political orientation; thus violating Plaintiff’s Constitutional rights under the First Amendment and 42 U.S.C. sections 1983, 1985-1986.
Defendant asserts that the Plaintiff’s claim is barred for the following reasons:
- Defendant acted in good faith, and insofar as Defendant may have acted with regard to the events mentioned in the complaint, Defendant’s actions were justified by legitimate, lawful reasons;
- Qualified immunity bars Plaintiff's damages claim against Defendant
- Plaintiff is not a member of a “protected class” and as such, fails to state a cause of action for discrimination;
- Plaintiff has failed to allege any specific policy, custom, ordinance, regulation, or practice of the Defendant which violated Plaintiff’s Constitutional rights;
- The Defendant is not a “person” as defined under 42 USC §1983;
- Punitive damages are not available against the Defendant;
- This suit is barred by the Eleventh Amendment.
- This action is barred by the applicable statute of limitations.
Jury Trial
Plaintiff has demanded a jury trial.
Plaintiff anticipates that his case in chief will last three days.
Defendant anticipates that its case will last two days.
Stipulations and Agreed Statement of Fact or Law
The parties agree that the Plaintiff was employed by the Research Foundation of the State University of New York from April 1, 1985, until January 31, 2002.
Fact and Expert Witnesses
Plaintiff intends to call the following people as fact witnesses:
Professor Daniel M. Davis, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8217;
- witness will respond to Plaintiff’s interrogatories.
Mrs. Susan H. Gasparik, 352 Plad Blvd, Holtsville, NY 11742; phone: (631) 447‑2168;
- witness will testify as to the impact of the Plaintiff’s persecution by the Defendant on the Plaintiff’s family.
Professor Gilbert N. Hanson, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8210;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.
Professor Claude T. Herzberg, Department of Geology, Wright Geological Laboratory, Rm. 342, Rutgers University, 610 Taylor Road, Piscataway, NJ 08854; phone: (732) 445‑3154;
- witness will testify as to the Plaintiff’s credentials as a scientist and to his experience in working with the Plaintiff.
Professor William E. Holt, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8215;
- witness will respond to Plaintiff’s interrogatories.
Ms. Lynn Johnson, Director, Human Resource Services, SUNY, Stony Brook, NY11794: phone: (631) 632‑6161;
- witness will testify as to her investigation of the Plaintiff’s complaint to the University President and to various University regulations relevant to the case.
Dr. Shirley Strum Kenny, President, The Office of the President, Administration Building, Room 310, SUNY, Stony Brook, NY 11794‑0701; phone: (631) 632‑6265;
- witness will testify as to her response to Plaintiff’s complaints and to the Defendant’s custom of discriminating against conservative professors in hiring, retention and promotion.
Professor Robert C. Liebermann, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑1968;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.
Professor Donald H. Lindsley, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8195;
- witness will respond to Plaintiff’s interrogatories and testify as to the Plaintiff’s credentials as a scientist and to his role in persecuting the Plaintiff.
Dr. Robert L. McGrath, Provost & Executive VP for Academic Affairs, Administration Building, Room 407, Stony Brook, NY 11794‑1401; phone: (631) 632‑7000;
- witness will testify as to his response to the Plaintiff’s complaint.
Professor Scott M. McLennan, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8194;
- witness will respond to Plaintiff’s interrogatories.
Professor Hanna Nekvasil, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8201;
- witness will respond to Plaintiff’s interrogatories.
Professor John B. Parise, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8196;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.
Professor Troy Rasbury, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑1488;
- witness will respond to Plaintiff’s interrogatories.
Professor Richard J. Reeder, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8208;
- witness will respond to Plaintiff’s interrogatories.
Professor Martin A. A. Schoonen, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8007;
- witness will respond to Plaintiff’s interrogatories.
Mr. Edward R. Vorisek, 781 Smithtown Avenue, Bohemia, NY 11716; phone: (631) 589‑0392;
- witness will testify as to his own persecution by the Defendant which forced him into an early retirement.
Professor Donald J. Weidner, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8211;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.
Professor Lianxing Wen, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑1726;
- witness will respond to Plaintiff’s interrogatories.
Professor Teng‑fong Wong, Chair, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8212;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.
Defendant intends to call the following people as fact witnesses:
Professor Teng‑fong Wong, Chair, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8212;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.
Professor Robert Liebermann, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8212;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.
Professor Donald J. Weidner, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8211;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.
Ms. Lynn Johnson, Director, Human Resource Services, SUNY, Stony Brook, NY11794: phone: (631) 632‑6161;
- witness will testify as to the dates, salary and terms and conditions of Plaintiff’s employment with the Research Foundation of the State University of New York.
Professor Scott M. McLennan, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8194;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.
Professor Gilbert N. Hanson, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8210;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.
Professor Donald H. Lindsley, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8195;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.
Deposition testimony to be offered at trial
By Plaintiff:
Deposition of Tibor Gasparik taken on February 2 and February 28, 2006.
By Defendant:
Deposition of Tibor Gasparik taken on February 2 and February 28, 2006,
pp. 73-75, 144- 146, 154- 157, 160, 163-168.
Exhibits to be offered at trial:
By Plaintiff: Documents posted on the Plaintiff's Web site: http://suny‑stonybrook.blogspot.com/, including:
1. “Account of my persecution,” with supporting exhibits 1-60.
2. “My Case,” with letters to various officials and their responses written in 2003-2005.
3. Plaintiff’s set of interrogatories.
4. Documentation in support of Plaintiff’s credentials and accomplishments as a scientist.
5. Article by David Horowitz published in 2003: “The campus blacklist.”
6. Article by Professor Steven Lubet published in 2004: “Conservatives complain about campus shut-outs.”
7. Article by Professor Art Eckstein published in 2006: “The pitt of academic bias.”
8. The book by Plaintiff: “Phase Diagrams for Geoscientists.”
9. The book by David Horowitz: “The Professors.”
Defendant objects to the introduction of these documents as evidence as irrelevant, immaterial to the issues of this case, and that many of these documents constitute inadmissible hearsay.
By Defendant: Plaintiff’s personnel files maintained by the Defendant, the Research Foundation of the State University of New York and their agents.
Dated: May 12, 2006
_______________________
Plaintiff
Tibor Gasparik, pro se
352 Plad Blvd.
Holtsville, N.Y. 11742
(631) 447-2168
_______________________
Defendant
Eliot Spitzer
Attorney General For the State of New York
by Lori Pack, AAG, of counsel
300 Motor Parkway Suite 205
Hauppauge, N.Y. 11788
(631) 231-2177 telephone
(631) 435-4757 fax
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
TIBOR GASPARIK,
Plaintiff,
.......................................................................................CV-05-03817 (SJF/ARL)
-against-
.......................................................................................JOINT PRE-TRIAL ORDER
STONY BROOK UNIVERSITY,
Defendants.
------------------------------------------------------------X
TRIAL COUNSEL
Plaintiff
Tibor Gasparik, pro se
352 Plad Blvd
Holtsville, N.Y. 11742
(631) 447-2168
Defendant
Eliot Spitzer, Attorney General For the State of New York
Lori Pack, AAG, of counsel
300 Motor Parkway, Suite 205
Hauppauge, N.Y. 11788
(631) 231-2177 telephone
(631) 435-4757 fax
SUBJECT MATTER JURISDICTION
Plaintiff alleges that this action arises under a Constitutional violation.
Defendant alleges that the Court lacks subject matter jurisdiction over this matter for the following reasons:
- The allegations raised in the complaint do not relate to a Constitutional violation;
- The Defendant is not a “person” as defined under 42 USC §1983 et. seq.; and
- Punitive damages are not permitted against the Defendant.
CLAIMS AND DEFENSES
Plaintiff claims that the Defendant persecuted him during his employment and eventually terminated his employment because of Plaintiff’s political orientation; thus violating Plaintiff’s Constitutional rights under the First Amendment and 42 U.S.C. sections 1983, 1985-1986.
Defendant asserts that the Plaintiff’s claim is barred for the following reasons:
- Defendant acted in good faith, and insofar as Defendant may have acted with regard to the events mentioned in the complaint, Defendant’s actions were justified by legitimate, lawful reasons;
- Qualified immunity bars Plaintiff's damages claim against Defendant
- Plaintiff is not a member of a “protected class” and as such, fails to state a cause of action for discrimination;
- Plaintiff has failed to allege any specific policy, custom, ordinance, regulation, or practice of the Defendant which violated Plaintiff’s Constitutional rights;
- The Defendant is not a “person” as defined under 42 USC §1983;
- Punitive damages are not available against the Defendant;
- This suit is barred by the Eleventh Amendment.
- This action is barred by the applicable statute of limitations.
Jury Trial
Plaintiff has demanded a jury trial.
Plaintiff anticipates that his case in chief will last three days.
Defendant anticipates that its case will last two days.
Stipulations and Agreed Statement of Fact or Law
The parties agree that the Plaintiff was employed by the Research Foundation of the State University of New York from April 1, 1985, until January 31, 2002.
Fact and Expert Witnesses
Plaintiff intends to call the following people as fact witnesses:
Professor Daniel M. Davis, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8217;
- witness will respond to Plaintiff’s interrogatories.
Mrs. Susan H. Gasparik, 352 Plad Blvd, Holtsville, NY 11742; phone: (631) 447‑2168;
- witness will testify as to the impact of the Plaintiff’s persecution by the Defendant on the Plaintiff’s family.
Professor Gilbert N. Hanson, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8210;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.
Professor Claude T. Herzberg, Department of Geology, Wright Geological Laboratory, Rm. 342, Rutgers University, 610 Taylor Road, Piscataway, NJ 08854; phone: (732) 445‑3154;
- witness will testify as to the Plaintiff’s credentials as a scientist and to his experience in working with the Plaintiff.
Professor William E. Holt, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8215;
- witness will respond to Plaintiff’s interrogatories.
Ms. Lynn Johnson, Director, Human Resource Services, SUNY, Stony Brook, NY11794: phone: (631) 632‑6161;
- witness will testify as to her investigation of the Plaintiff’s complaint to the University President and to various University regulations relevant to the case.
Dr. Shirley Strum Kenny, President, The Office of the President, Administration Building, Room 310, SUNY, Stony Brook, NY 11794‑0701; phone: (631) 632‑6265;
- witness will testify as to her response to Plaintiff’s complaints and to the Defendant’s custom of discriminating against conservative professors in hiring, retention and promotion.
Professor Robert C. Liebermann, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑1968;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.
Professor Donald H. Lindsley, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8195;
- witness will respond to Plaintiff’s interrogatories and testify as to the Plaintiff’s credentials as a scientist and to his role in persecuting the Plaintiff.
Dr. Robert L. McGrath, Provost & Executive VP for Academic Affairs, Administration Building, Room 407, Stony Brook, NY 11794‑1401; phone: (631) 632‑7000;
- witness will testify as to his response to the Plaintiff’s complaint.
Professor Scott M. McLennan, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8194;
- witness will respond to Plaintiff’s interrogatories.
Professor Hanna Nekvasil, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8201;
- witness will respond to Plaintiff’s interrogatories.
Professor John B. Parise, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8196;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.
Professor Troy Rasbury, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑1488;
- witness will respond to Plaintiff’s interrogatories.
Professor Richard J. Reeder, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8208;
- witness will respond to Plaintiff’s interrogatories.
Professor Martin A. A. Schoonen, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8007;
- witness will respond to Plaintiff’s interrogatories.
Mr. Edward R. Vorisek, 781 Smithtown Avenue, Bohemia, NY 11716; phone: (631) 589‑0392;
- witness will testify as to his own persecution by the Defendant which forced him into an early retirement.
Professor Donald J. Weidner, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8211;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.
Professor Lianxing Wen, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑1726;
- witness will respond to Plaintiff’s interrogatories.
Professor Teng‑fong Wong, Chair, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8212;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.
Defendant intends to call the following people as fact witnesses:
Professor Teng‑fong Wong, Chair, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8212;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.
Professor Robert Liebermann, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8212;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.
Professor Donald J. Weidner, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8211;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.
Ms. Lynn Johnson, Director, Human Resource Services, SUNY, Stony Brook, NY11794: phone: (631) 632‑6161;
- witness will testify as to the dates, salary and terms and conditions of Plaintiff’s employment with the Research Foundation of the State University of New York.
Professor Scott M. McLennan, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8194;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.
Professor Gilbert N. Hanson, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8210;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.
Professor Donald H. Lindsley, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8195;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.
Deposition testimony to be offered at trial
By Plaintiff:
Deposition of Tibor Gasparik taken on February 2 and February 28, 2006.
By Defendant:
Deposition of Tibor Gasparik taken on February 2 and February 28, 2006,
pp. 73-75, 144- 146, 154- 157, 160, 163-168.
Exhibits to be offered at trial:
By Plaintiff: Documents posted on the Plaintiff's Web site: http://suny‑stonybrook.blogspot.com/, including:
1. “Account of my persecution,” with supporting exhibits 1-60.
2. “My Case,” with letters to various officials and their responses written in 2003-2005.
3. Plaintiff’s set of interrogatories.
4. Documentation in support of Plaintiff’s credentials and accomplishments as a scientist.
5. Article by David Horowitz published in 2003: “The campus blacklist.”
6. Article by Professor Steven Lubet published in 2004: “Conservatives complain about campus shut-outs.”
7. Article by Professor Art Eckstein published in 2006: “The pitt of academic bias.”
8. The book by Plaintiff: “Phase Diagrams for Geoscientists.”
9. The book by David Horowitz: “The Professors.”
Defendant objects to the introduction of these documents as evidence as irrelevant, immaterial to the issues of this case, and that many of these documents constitute inadmissible hearsay.
By Defendant: Plaintiff’s personnel files maintained by the Defendant, the Research Foundation of the State University of New York and their agents.
Dated: May 12, 2006
_______________________
Plaintiff
Tibor Gasparik, pro se
352 Plad Blvd.
Holtsville, N.Y. 11742
(631) 447-2168
_______________________
Defendant
Eliot Spitzer
Attorney General For the State of New York
by Lori Pack, AAG, of counsel
300 Motor Parkway Suite 205
Hauppauge, N.Y. 11788
(631) 231-2177 telephone
(631) 435-4757 fax
May 13, 2006
Lori L. Pack
Office of the Attorney General
300 Motor Parkway
Suite 205
Hauppauge, New York 11788
Re: Tibor Gasparik vs. Stony Brook University
CV 05-03817 (SJF/ARL)
Dear Ms. Pack:
I would like to thank you for your cooperation in drafting the Joint Pre-Trial Order. Unfortunately, the version submitted to the Court by your office contained inadvertent errors and omissions. This forced me to subsequently file an amended version of the Order with the relevant corrections in place. After comparing carefully the two versions, I could not identify any differences in the sections involving the Defendant. Wherefore, I propose that we adopt the version that I have submitted as the official and final version of the Pre-Trial Order.
Thank you for your kind attention to this matter.
Respectfully yours,
Tibor Gasparik
Plaintiff pro se and
Research Associate Professor
352 Plad Blvd
Holtsville, NY 11742
(631) 447-2168
cc.: The Magistrate Judge, Honorable Arlene R. Lindsay
Lori L. Pack
Office of the Attorney General
300 Motor Parkway
Suite 205
Hauppauge, New York 11788
Re: Tibor Gasparik vs. Stony Brook University
CV 05-03817 (SJF/ARL)
Dear Ms. Pack:
I would like to thank you for your cooperation in drafting the Joint Pre-Trial Order. Unfortunately, the version submitted to the Court by your office contained inadvertent errors and omissions. This forced me to subsequently file an amended version of the Order with the relevant corrections in place. After comparing carefully the two versions, I could not identify any differences in the sections involving the Defendant. Wherefore, I propose that we adopt the version that I have submitted as the official and final version of the Pre-Trial Order.
Thank you for your kind attention to this matter.
Respectfully yours,
Tibor Gasparik
Plaintiff pro se and
Research Associate Professor
352 Plad Blvd
Holtsville, NY 11742
(631) 447-2168
cc.: The Magistrate Judge, Honorable Arlene R. Lindsay
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
TIBOR GASPARIK,
Plaintiff,
..............................................................................................ORDER
-against-
..............................................................................................CV 05-3817 (SJF/ARL)
STONY BROOK UNIVERSITY,
Defendant.
---------------------------------------------------------------X
LINDSAY, Magistrate Judge:
This matter is before the Court upon Plaintiff’s May 5, 2006 letter application, wherein
Plaintiff requests that the Court issue an order granting him access to the employee files of
Michael T. Vaughan and Jianzhong Zhang for "perusal and copying" [Docket No. 37]. Plaintiff
claims that "the Defendant did not look hard enough, if at all" when it conducted a manual search
of these files and found no documents reflecting the transfer of either employee from research to
state lines. Plaintiff’s application is denied.
Dated: Central Islip, New York
May 10, 2006
SO ORDERED:
________/s/______________________
ARLENE R. LINDSAY
United States Magistrate Judge
EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
TIBOR GASPARIK,
Plaintiff,
..............................................................................................ORDER
-against-
..............................................................................................CV 05-3817 (SJF/ARL)
STONY BROOK UNIVERSITY,
Defendant.
---------------------------------------------------------------X
LINDSAY, Magistrate Judge:
This matter is before the Court upon Plaintiff’s May 5, 2006 letter application, wherein
Plaintiff requests that the Court issue an order granting him access to the employee files of
Michael T. Vaughan and Jianzhong Zhang for "perusal and copying" [Docket No. 37]. Plaintiff
claims that "the Defendant did not look hard enough, if at all" when it conducted a manual search
of these files and found no documents reflecting the transfer of either employee from research to
state lines. Plaintiff’s application is denied.
Dated: Central Islip, New York
May 10, 2006
SO ORDERED:
________/s/______________________
ARLENE R. LINDSAY
United States Magistrate Judge
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
CV-05-03817
TIBOR GASPARIK, (SJF/ARL)
Plaintiff,
.........................................................................................JOINT PRE-TRIAL ORDER
-against-
STONY BROOK UNIVERSITY
Defendants.
------------------------------------------------------------X
TRIAL COUNSEL
Plaintiff
Tibor Gasparik, pro se
352 Plad Blvd.
Holtsville, N.Y. 11742-2626
(631) 447-2168
Defendant
Eliot Spitzer, Attorney General
For the State of New York
Lori Pack, AAG, of counsel
300 Motor Parkway Suite 205
Hauppauge, N..y. 11788
(631) 231-2177 telephone
(631) 435-4757 fax
SUBJECT MATTER JURISDICTION
Plaintiff alleges that this action arises under a Constitutional violation.
Defendant alleges that the Court lacks subject matter jurisdiction over this matter for the
following reasons:
- the allegations raised in the complaint do not relate to a Constitutional violation;
- The Defendant is not a "person" as defined under 42 USC §1983 et. seq.; and
-Punitive damages are not permitted against the Defendant.
CLAIMS AND DEFENSES
Plaintiff is claiming that Defendant persecuted him during his employment and eventually
terminated his employment because of Plaintiff’s political orientation; thus violating Plaintiff’s
Constitutional rights under the First Amendment and 42 U.S.C. section 1983, 1985-1986.
Defendant asserts that the Plaintiff’s claim is barred for the following reasons:
- Defendant acted in good faith, and insofar as Defendant may have acted with regard to
the events mentioned in the complaint, Defendant’s actions were justified by legitimate, lawful
reasons;
- Qualified immunity bars Plaintiff's damages claim against Defendant
- Plaintiff is not a member of a "protected class" and as such, fails to state a cause of
action for discrimination;
- Plaintiff has failed to allege any specific policy, custom, ordinance, regulation, or
practice of the Defendant which violated Plaintiff’s Constitutional rights;
- The Defendant is not a "person" as defined under 42 USC §1983;
- Punitive damages are not available against the Defendant;
- This suit is barred by the Eleventh Amendment.
- This action is barred by the applicable statute of limitations.
Jury Trial
Plaintiff has demanded a jury trial.
Plaintiff anticipates that his case in chief will last three days.
Defendant anticipates that its case will last two days.
Stipulations and Agreed Statement of Fact or Law
The parties agree that the Plaintiff was employed by the Research Foundation of the State
University of New York at various times and in various positions from 1985 until January 31,
2002.
Fact and Expert Witness
Plaintiff intends to call the following people as fact witnesses:
Professor Daniel M. Davis, Department of Geosciences, SUNY, Stony Brook, NY11794;
phone: (631) 632-8217;
- witness will respond to Plaintiffs interrogatories.
Mrs. Susan H. Gasparik, 352 Plad Blvd, Holtsville, NY 11742; phone: (631) 447-2168;
- witness will testify as to the impact of the Plaintiffs persecution by the Defendant on
the Plaintiffs family.
Professor Gilbert N. Hanson, Department of Geosciences, SUNY, Stony Brook,
NY11794; phone: (631) 632-8210;
- witness will respond to Plaintiff's interrogatories and testify as to his role in persecuting
the Plaintiff.
Professor Troy Rasbury, Department of Geosciences, SUNY, Stony Brook, NY 11794;phone:
(631) 632-1488;
- witness will respond to Plaintiff's interrogatories.
Professor Richard J. Reeder, Department of Geosciences, SUNY, Stony Brook,
NY11794; phone: (631) 632-8208;
- witness will respond to Plaintiff's interrogatories.
Professor Martin A. A. Schoonen, Department of Geosciences, SUNY, Stony Brook,NY
11794; phone: (631) 632-8007;
- witness will respond to Plaintiff's interrogatories.
Mr. Edward R. Vorisek, 781 Smithtown Avenue, Bohemia, NY 11716; phone:(631)
589-0392;
- witness will testify as to his own persecution by the Defendant which forced him into an
early retirement.
Professor Donald J. Weidner, Department of Geosciences, SUNY, Stony Brook, NY11794;
phone: (631) 632-8211;
- witness will respond to Plaintiffs interrogatories and testify as to his role in persecuting the
Plaintiff.
Professor Lianxing Wen, Department of Geosciences, SUNY, Stony Brook, NY 11794;phone:
(631) 632-1726;
- witness will respond to Plaintiffs interrogatories.
Professor Teng-fong Wong, Chair, Department of Geosciences, SUNY, Stony Brook,NY
11794; phone: (631) 632-8212;
- witness will respond to Plaintiffs interrogatories and testify as to his role in persecuting the
Plaintiff.
Professor Claude T. Herzberg, Department of Geology, Wright Geological Laboratory, Rm. 342,
Rutgers University, 610 Taylor Road, Piscataway, NJ 08854;phone: (732) 445-3154;
- witness will testify as to the Plaintiff's credentials as a scientist and to his experiencein
working with the Plaintiff.
Professor William E. Holt, Department of Geosciences, SUNY, Stony Brook, NY 11794;phone:
(631) 632-8215;
- witness will respond to Plaintiffs interrogatories.
Ms. Lynn Johnson, Director, Human Resource Services, SUNY, Stony
Brook,NY11794: phone: (631) 632-6161;
- witness will testify as to her investigation of the Plaintiffs complaint to the University
President and to various University regulations relevant to the case.
Dr. Shirley Strum Kenny, President, The Office of the President, Administration Building,
Room 310, SUNY, Stony Brook, NY 11794-0701; phone: (631) 632-6265;
- witness will testify as to her response to Plaintiff's complaints and to the Defendant's custom
of discriminating against conservative professors in hiring, retention and promotion.
Professor Robert C. Liebermann, Department of Geosciences, SUNY, Stony Brook, NY11794;
phone: (631) 632-1968;
- witness will respond to Plaintiffs interrogatories and testify as to his role in persecuting the
Plaintiff.
Professor Donald H. Lindsley, Department of Geosciences, SUNY, Stony
Brook,NY11794; phone: (631) 632-8195;
- witness will respond to Plaintiff's interrogatories and testify as to the Plaintiffs
credentials as a scientist and to his role in persecuting the Plaintiff.
Dr. Robert L. McGrath, Provost & Executive VP for Academic Affairs, Administration
Building, Room 407, Stony Brook, NY 11794-1401; phone: (631) 632-7000; - witness will
testify as to his response to the Plaintiffs complaint.
Professor Scott M. McLennan, Department of Geosciences, SUNY, Stony
Brook,NY11794; phone: (631) 632-8194;
- witness will respond to Plaintiffs interrogatories.
Professor Hanna Nekvasil, Department of Geosciences, SUNY, Stony Brook, NY11794;
phone: (631) 632-8201;
- witness will respond to Plaintiff's interrogatories.
Professor John B. Parise, Department of Geosciences, SUNY, Stony Brook, NY 11794;phone:
(631) 632-8196;
- witness will respond to Plaintiffs interrogatories and testify as to his role in persecuting the
Plaintiff.
Defendant intends to call the following people as fact witnesses:
Professor Teng-fong Wong, Chair, Department of Geosciences, SUNY, Stony Brook,NY
11794; phone: (631) 632-8212
- witness will testify as to the reasons for the termination of Plaintiff’s employment with
the Research Foundation of the State University of New York.
Professor Robert Liebermann, Department of Geosciences, SUNY, Stony Brook,NY
11794; phone: (631) 632-8212
- witness will testify as to the reasons for the termination of Plaintiff’s employment with
the Research Foundation of the State University of New York.
Professor Donald J. Weidner, Department of Geosciences, SUNY, Stony Brook, NY
11794; phone: (631) 632-8211
- witness will testify as to the reasons for the termination of Plaintiff’s employment with
the Research Foundation of the State University of New York.
Ms. Lynn Johnson, Director, Human Resource Services, SUNY, Stony Brook,
NY11794: phone: (631) 632-6161
- witness will testify as to the dates, salary and terms and conditions of Plaintiff’s
employment with the Research Foundation of the State University of New York.
Professor Scott M. McLennan, Department of Geosciences, SUNY, Stony Brook,
NY11794; phone: (631) 632-8194
- witness will testify as to the reasons for the termination of Plaintiff’s employment with
the Research Foundation of the State University of New York.
Professor Gilbert N. Hanson, Department of Geosciences, SUNY, Stony Brook,
NY11794; phone: (631) 632-8210
- witness will testify as to the reasons for the termination of Plaintiff’s employment with
the Research Foundation of the State University of New York.
Professor Donald H. Lindsley, Department of Geosciences, SUNY, Stony Brook,
NY11794; phone: (631) 632-8195
- witness will testify as to the reasons for the termination of Plaintiff’s employment with
the Research Foundation of the State University of New York.
Deposition testimony to be offered at trial
By Plaintiff
Deposition of Tibor Gasparik taken on February 2 and February 29, 2006.
By Defendant
Deposition of Tibor Gasparik taken on February 2 and February 28, 2006.
pp. 73-75, 144-146, 154-157, 160, 163-168
Exhibits to be offered at trial:
By Plaintiff:
Documents posted on the plaintiff's Web site:
http:l/suny-stonybrook.blogspot.com/ including:
1. "Account of my Persecution," with suporting exhibits 1-60.
2. "My Case," with letters to various officials and their responses written in
2003-2005.
3. Plaintiff’s set of interrogatories.
4. Documentation in support of Plaintiff’s credentials and accomplishments as a
scientist.
5. Article by David Horowitz published in 2003: "The Campus Blacklist."
6. Article by Steven Lubet published in 2004: "Conservatives Complain about
Campus Shut-outs."
7. Article by Professor Art Eckstein published in 2006: The Pitt of Academic
Bias."
8. The book by Plaintiff "Phase Diagrams for Geoscientists."
9. The book by David Horowitz "The Professors."
Defendant objects to the introduction of these documents as evidence as irrelevant,
immaterial to the issues of this case, and that many of these documents constitute
inadmissible hearsay.
By Defendant:
Plaintiff’s personnel files maintained by the Defendant, the Research Foundation
of the State University of New York and their agents.
Dated: May 11, 2006
/S/ /S/
_______________________ ____________________________
Plaintiff Defendant
Tibor Gasparik, pro se Eliot Spitzer, Attorney General
352 Plad Blvd. For the State of New York
Holtsville, N.Y. 11742-2626 by Lori Pack, AAG, of counsel
(631) 447-2168 300 Motor Parkway Suite 205
Hauppauge, N.Y. 11788
(631) 231-2177 telephone
(631) 435-4757 fax
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
CV-05-03817
TIBOR GASPARIK, (SJF/ARL)
Plaintiff,
.........................................................................................JOINT PRE-TRIAL ORDER
-against-
STONY BROOK UNIVERSITY
Defendants.
------------------------------------------------------------X
TRIAL COUNSEL
Plaintiff
Tibor Gasparik, pro se
352 Plad Blvd.
Holtsville, N.Y. 11742-2626
(631) 447-2168
Defendant
Eliot Spitzer, Attorney General
For the State of New York
Lori Pack, AAG, of counsel
300 Motor Parkway Suite 205
Hauppauge, N..y. 11788
(631) 231-2177 telephone
(631) 435-4757 fax
SUBJECT MATTER JURISDICTION
Plaintiff alleges that this action arises under a Constitutional violation.
Defendant alleges that the Court lacks subject matter jurisdiction over this matter for the
following reasons:
- the allegations raised in the complaint do not relate to a Constitutional violation;
- The Defendant is not a "person" as defined under 42 USC §1983 et. seq.; and
-Punitive damages are not permitted against the Defendant.
CLAIMS AND DEFENSES
Plaintiff is claiming that Defendant persecuted him during his employment and eventually
terminated his employment because of Plaintiff’s political orientation; thus violating Plaintiff’s
Constitutional rights under the First Amendment and 42 U.S.C. section 1983, 1985-1986.
Defendant asserts that the Plaintiff’s claim is barred for the following reasons:
- Defendant acted in good faith, and insofar as Defendant may have acted with regard to
the events mentioned in the complaint, Defendant’s actions were justified by legitimate, lawful
reasons;
- Qualified immunity bars Plaintiff's damages claim against Defendant
- Plaintiff is not a member of a "protected class" and as such, fails to state a cause of
action for discrimination;
- Plaintiff has failed to allege any specific policy, custom, ordinance, regulation, or
practice of the Defendant which violated Plaintiff’s Constitutional rights;
- The Defendant is not a "person" as defined under 42 USC §1983;
- Punitive damages are not available against the Defendant;
- This suit is barred by the Eleventh Amendment.
- This action is barred by the applicable statute of limitations.
Jury Trial
Plaintiff has demanded a jury trial.
Plaintiff anticipates that his case in chief will last three days.
Defendant anticipates that its case will last two days.
Stipulations and Agreed Statement of Fact or Law
The parties agree that the Plaintiff was employed by the Research Foundation of the State
University of New York at various times and in various positions from 1985 until January 31,
2002.
Fact and Expert Witness
Plaintiff intends to call the following people as fact witnesses:
Professor Daniel M. Davis, Department of Geosciences, SUNY, Stony Brook, NY11794;
phone: (631) 632-8217;
- witness will respond to Plaintiffs interrogatories.
Mrs. Susan H. Gasparik, 352 Plad Blvd, Holtsville, NY 11742; phone: (631) 447-2168;
- witness will testify as to the impact of the Plaintiffs persecution by the Defendant on
the Plaintiffs family.
Professor Gilbert N. Hanson, Department of Geosciences, SUNY, Stony Brook,
NY11794; phone: (631) 632-8210;
- witness will respond to Plaintiff's interrogatories and testify as to his role in persecuting
the Plaintiff.
Professor Troy Rasbury, Department of Geosciences, SUNY, Stony Brook, NY 11794;phone:
(631) 632-1488;
- witness will respond to Plaintiff's interrogatories.
Professor Richard J. Reeder, Department of Geosciences, SUNY, Stony Brook,
NY11794; phone: (631) 632-8208;
- witness will respond to Plaintiff's interrogatories.
Professor Martin A. A. Schoonen, Department of Geosciences, SUNY, Stony Brook,NY
11794; phone: (631) 632-8007;
- witness will respond to Plaintiff's interrogatories.
Mr. Edward R. Vorisek, 781 Smithtown Avenue, Bohemia, NY 11716; phone:(631)
589-0392;
- witness will testify as to his own persecution by the Defendant which forced him into an
early retirement.
Professor Donald J. Weidner, Department of Geosciences, SUNY, Stony Brook, NY11794;
phone: (631) 632-8211;
- witness will respond to Plaintiffs interrogatories and testify as to his role in persecuting the
Plaintiff.
Professor Lianxing Wen, Department of Geosciences, SUNY, Stony Brook, NY 11794;phone:
(631) 632-1726;
- witness will respond to Plaintiffs interrogatories.
Professor Teng-fong Wong, Chair, Department of Geosciences, SUNY, Stony Brook,NY
11794; phone: (631) 632-8212;
- witness will respond to Plaintiffs interrogatories and testify as to his role in persecuting the
Plaintiff.
Professor Claude T. Herzberg, Department of Geology, Wright Geological Laboratory, Rm. 342,
Rutgers University, 610 Taylor Road, Piscataway, NJ 08854;phone: (732) 445-3154;
- witness will testify as to the Plaintiff's credentials as a scientist and to his experiencein
working with the Plaintiff.
Professor William E. Holt, Department of Geosciences, SUNY, Stony Brook, NY 11794;phone:
(631) 632-8215;
- witness will respond to Plaintiffs interrogatories.
Ms. Lynn Johnson, Director, Human Resource Services, SUNY, Stony
Brook,NY11794: phone: (631) 632-6161;
- witness will testify as to her investigation of the Plaintiffs complaint to the University
President and to various University regulations relevant to the case.
Dr. Shirley Strum Kenny, President, The Office of the President, Administration Building,
Room 310, SUNY, Stony Brook, NY 11794-0701; phone: (631) 632-6265;
- witness will testify as to her response to Plaintiff's complaints and to the Defendant's custom
of discriminating against conservative professors in hiring, retention and promotion.
Professor Robert C. Liebermann, Department of Geosciences, SUNY, Stony Brook, NY11794;
phone: (631) 632-1968;
- witness will respond to Plaintiffs interrogatories and testify as to his role in persecuting the
Plaintiff.
Professor Donald H. Lindsley, Department of Geosciences, SUNY, Stony
Brook,NY11794; phone: (631) 632-8195;
- witness will respond to Plaintiff's interrogatories and testify as to the Plaintiffs
credentials as a scientist and to his role in persecuting the Plaintiff.
Dr. Robert L. McGrath, Provost & Executive VP for Academic Affairs, Administration
Building, Room 407, Stony Brook, NY 11794-1401; phone: (631) 632-7000; - witness will
testify as to his response to the Plaintiffs complaint.
Professor Scott M. McLennan, Department of Geosciences, SUNY, Stony
Brook,NY11794; phone: (631) 632-8194;
- witness will respond to Plaintiffs interrogatories.
Professor Hanna Nekvasil, Department of Geosciences, SUNY, Stony Brook, NY11794;
phone: (631) 632-8201;
- witness will respond to Plaintiff's interrogatories.
Professor John B. Parise, Department of Geosciences, SUNY, Stony Brook, NY 11794;phone:
(631) 632-8196;
- witness will respond to Plaintiffs interrogatories and testify as to his role in persecuting the
Plaintiff.
Defendant intends to call the following people as fact witnesses:
Professor Teng-fong Wong, Chair, Department of Geosciences, SUNY, Stony Brook,NY
11794; phone: (631) 632-8212
- witness will testify as to the reasons for the termination of Plaintiff’s employment with
the Research Foundation of the State University of New York.
Professor Robert Liebermann, Department of Geosciences, SUNY, Stony Brook,NY
11794; phone: (631) 632-8212
- witness will testify as to the reasons for the termination of Plaintiff’s employment with
the Research Foundation of the State University of New York.
Professor Donald J. Weidner, Department of Geosciences, SUNY, Stony Brook, NY
11794; phone: (631) 632-8211
- witness will testify as to the reasons for the termination of Plaintiff’s employment with
the Research Foundation of the State University of New York.
Ms. Lynn Johnson, Director, Human Resource Services, SUNY, Stony Brook,
NY11794: phone: (631) 632-6161
- witness will testify as to the dates, salary and terms and conditions of Plaintiff’s
employment with the Research Foundation of the State University of New York.
Professor Scott M. McLennan, Department of Geosciences, SUNY, Stony Brook,
NY11794; phone: (631) 632-8194
- witness will testify as to the reasons for the termination of Plaintiff’s employment with
the Research Foundation of the State University of New York.
Professor Gilbert N. Hanson, Department of Geosciences, SUNY, Stony Brook,
NY11794; phone: (631) 632-8210
- witness will testify as to the reasons for the termination of Plaintiff’s employment with
the Research Foundation of the State University of New York.
Professor Donald H. Lindsley, Department of Geosciences, SUNY, Stony Brook,
NY11794; phone: (631) 632-8195
- witness will testify as to the reasons for the termination of Plaintiff’s employment with
the Research Foundation of the State University of New York.
Deposition testimony to be offered at trial
By Plaintiff
Deposition of Tibor Gasparik taken on February 2 and February 29, 2006.
By Defendant
Deposition of Tibor Gasparik taken on February 2 and February 28, 2006.
pp. 73-75, 144-146, 154-157, 160, 163-168
Exhibits to be offered at trial:
By Plaintiff:
Documents posted on the plaintiff's Web site:
http:l/suny-stonybrook.blogspot.com/ including:
1. "Account of my Persecution," with suporting exhibits 1-60.
2. "My Case," with letters to various officials and their responses written in
2003-2005.
3. Plaintiff’s set of interrogatories.
4. Documentation in support of Plaintiff’s credentials and accomplishments as a
scientist.
5. Article by David Horowitz published in 2003: "The Campus Blacklist."
6. Article by Steven Lubet published in 2004: "Conservatives Complain about
Campus Shut-outs."
7. Article by Professor Art Eckstein published in 2006: The Pitt of Academic
Bias."
8. The book by Plaintiff "Phase Diagrams for Geoscientists."
9. The book by David Horowitz "The Professors."
Defendant objects to the introduction of these documents as evidence as irrelevant,
immaterial to the issues of this case, and that many of these documents constitute
inadmissible hearsay.
By Defendant:
Plaintiff’s personnel files maintained by the Defendant, the Research Foundation
of the State University of New York and their agents.
Dated: May 11, 2006
/S/ /S/
_______________________ ____________________________
Plaintiff Defendant
Tibor Gasparik, pro se Eliot Spitzer, Attorney General
352 Plad Blvd. For the State of New York
Holtsville, N.Y. 11742-2626 by Lori Pack, AAG, of counsel
(631) 447-2168 300 Motor Parkway Suite 205
Hauppauge, N.Y. 11788
(631) 231-2177 telephone
(631) 435-4757 fax
May 5, 2006
Honorable Arlene R. Lindsay
United States Magistrate Judge
United States District Court
Eastern District of New York
Long Island Federal Courthouse
100 Federal Plaza Room
814 Federal Plaza
Central Islip, NY 11722-4438
Re: Tibor Gasparik vs. Stony Brook University
CV 05-3817 (SJF/ARL)
Your Honor, Magistrate Judge Lindsay:
I am the Plaintiff pro se in the above captioned case against the Defendant, Stony Brook University, and I have just received the Defendant’s response to my demand for documents relating to the transfer of Michael T. Vaughan and Jianzhong Zhang from research lines to state lines, as ordered by you on April 17, 2006, stating:
Defendant has conducted a manual search of the employee files of Michael T. Vaughan and Jianzhong Zhang from the time period from 1988 until 1992 and has found no documents which reflect the transfer of either employee from research to state lines.
It is evident that the Defendant did not look hard enough, if at all. Wherefore, I respectfully ask you to issue an order forcing the Defendant to provide written authorization, which would permit the Plaintiff to gain access for perusal and copying to the employee files of the said two employees.
Thank you in advance for your kind attention to this matter.
Respectfully yours,
Tibor Gasparik
Plaintiff pro se and
Research Associate Professor
352 Plad Blvd
Holtsville, NY 11742
(631) 447-2168
cc.: Lori L. Pack
Honorable Arlene R. Lindsay
United States Magistrate Judge
United States District Court
Eastern District of New York
Long Island Federal Courthouse
100 Federal Plaza Room
814 Federal Plaza
Central Islip, NY 11722-4438
Re: Tibor Gasparik vs. Stony Brook University
CV 05-3817 (SJF/ARL)
Your Honor, Magistrate Judge Lindsay:
I am the Plaintiff pro se in the above captioned case against the Defendant, Stony Brook University, and I have just received the Defendant’s response to my demand for documents relating to the transfer of Michael T. Vaughan and Jianzhong Zhang from research lines to state lines, as ordered by you on April 17, 2006, stating:
Defendant has conducted a manual search of the employee files of Michael T. Vaughan and Jianzhong Zhang from the time period from 1988 until 1992 and has found no documents which reflect the transfer of either employee from research to state lines.
It is evident that the Defendant did not look hard enough, if at all. Wherefore, I respectfully ask you to issue an order forcing the Defendant to provide written authorization, which would permit the Plaintiff to gain access for perusal and copying to the employee files of the said two employees.
Thank you in advance for your kind attention to this matter.
Respectfully yours,
Tibor Gasparik
Plaintiff pro se and
Research Associate Professor
352 Plad Blvd
Holtsville, NY 11742
(631) 447-2168
cc.: Lori L. Pack
-
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
TIBOR GASPARIK,
Plaintiff,
......................................................................................ORDER
-against-
......................................................................................CV 05-3817 (SJF)(ARL)
STONY BROOK UNIVERSITY,
Defendant.
---------------------------------------------------------------X
LINDSAY, Magistrate Judge:
This matter is before the Court upon Plaintiff’s April 19, 2006 letter application, wherein
Plaintiff requests that the Court issue an order ruling on the supplementary information filed in
support of his motion to compel production of documents from a "probe users" meeting [Docket
Nos. 28, 32]. The undersigned held a telephone conference on May 3, 2006, to address the issues
raised by the supplementary information.
At the conference, defense counsel represented to the Court that no minutes were taken at
any meetings held in October, 1999 as requested by plaintiff. Additionally, counsel indicates that
plaintiff’s document request with respect to this meeting was not specific enough to enable her
client to determine what documents Mr. Gasparik is seeking to discover. The court agrees.
Accordingly, the Court will only order that, to the extent any such documents exist, the defendant
produce those which may have been generated at or as a result of the October 19, 1999 "probe
users" meeting, which may contain any specific references to Mr. Gasparik.
Dated: Central Islip, New York
May 4, 2006
SO ORDERED:
________/s/______________________
ARLENE R. LINDSAY
United States Magistrate Judge
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
TIBOR GASPARIK,
Plaintiff,
......................................................................................ORDER
-against-
......................................................................................CV 05-3817 (SJF)(ARL)
STONY BROOK UNIVERSITY,
Defendant.
---------------------------------------------------------------X
LINDSAY, Magistrate Judge:
This matter is before the Court upon Plaintiff’s April 19, 2006 letter application, wherein
Plaintiff requests that the Court issue an order ruling on the supplementary information filed in
support of his motion to compel production of documents from a "probe users" meeting [Docket
Nos. 28, 32]. The undersigned held a telephone conference on May 3, 2006, to address the issues
raised by the supplementary information.
At the conference, defense counsel represented to the Court that no minutes were taken at
any meetings held in October, 1999 as requested by plaintiff. Additionally, counsel indicates that
plaintiff’s document request with respect to this meeting was not specific enough to enable her
client to determine what documents Mr. Gasparik is seeking to discover. The court agrees.
Accordingly, the Court will only order that, to the extent any such documents exist, the defendant
produce those which may have been generated at or as a result of the October 19, 1999 "probe
users" meeting, which may contain any specific references to Mr. Gasparik.
Dated: Central Islip, New York
May 4, 2006
SO ORDERED:
________/s/______________________
ARLENE R. LINDSAY
United States Magistrate Judge
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Long Island Federal Courthouse
814 Federal Plaza
Central Islip, NY 11722-4451
(631) 712-5730
BEFORE: ARLENE R. LINDSAY DATE: May 3, 2006
United States Magistrate Judge
TIME: 11:30 am
DOCKET NO:
05-cv-03817-SJF-ARL
CASE:
Gasparik v. Stony Brook University
INITIAL CONFERENCE
STATUS CONFERENCE BY TELEPHONE XX
SETTLEMENT CONFERENCE
FINAL CONFERENCE
ORDER
APPEARANCES: FOR PLAINTIFF: FOR DEFENDANT:
Tibor Gasparik Lori Pack
The following rulings were made:
SO ORDERED:
_________________________
EASTERN DISTRICT OF NEW YORK
Long Island Federal Courthouse
814 Federal Plaza
Central Islip, NY 11722-4451
(631) 712-5730
BEFORE: ARLENE R. LINDSAY DATE: May 3, 2006
United States Magistrate Judge
TIME: 11:30 am
DOCKET NO:
05-cv-03817-SJF-ARL
CASE:
Gasparik v. Stony Brook University
INITIAL CONFERENCE
STATUS CONFERENCE BY TELEPHONE XX
SETTLEMENT CONFERENCE
FINAL CONFERENCE
ORDER
APPEARANCES: FOR PLAINTIFF: FOR DEFENDANT:
Tibor Gasparik Lori Pack
The following rulings were made:
SO ORDERED:
_________________________
Friday, May 19, 2006
Tibor Gasparik - Credentials and Accomplishments
-
1. Diploma, Master of Science equivalency, 1973, Komensky University (E-61).
2. Diploma, Doctor of Philosophy, 1981, SUNY Stony Brook (E-62).
3. Diploma, Master of Arts in Teaching, 2005, SUNY Stony Brook (E-63).
4. Teacher Certificates in General Science/Earth Science, 2005 (E-64).
5. Resume, May 2006 (E-65).
6. List of Abstracts (E-66).
7. List of Articles (E-67).
8. List of Discoveries (E-68).
9. Responses to book publication in March 2003 (E-69).
10. Book: “Phase Diagrams for Geoscientists” (E-70).
11. Article from 5/11/1981 issue of “Current” (E-71).
12. Letter from Bob Newton, 9/17/1981 (E-72).
13. Letter from Bob Newton, 2/14/1983 (E-73).
14. Letter from Jacques Kornprobst, 5/30/1985 (E-74).
15. Letter from Mike Drake, 7/7/1987 (E-75).
16. Letter from Pete Wyllie, 8/3/1987 (E-76).
17. Letter from Wolfgang Engel, 9/25/1987 (E-77).
18. Letter from Joe Boyd, 3/15/1988 (E-78).
19. Letter from Brearley and Dingwell, 4/30/1989 (E-79).
20. Letter from Ann Chopelas, 10/11/1989 (E-80).
21. Anonymous review of a NSF proposal, 2/5/1990 (E-81).
22. Letter from Ted Ringwood, 4/4/1990 (E-82).
23. Letter from Don Anderson, 6/21/1990 (E-83).
24. Letter from Alan Thompson, 4/9/1991 (E-84).
25. Letter from Yutaka Abe, 8/12/1991 (E-85).
26. Letter from Melanie Krieger, 11/1/1991 (E-86).
27. Letter from Allen Schwartz to John Marburger, 1/24/1992 (E-87).
28. Anonymous review of a NSF proposal, 2/25/1993 (E-88).
29. Anonymous review of a NSF proposal, 3/8/1993 (E-89).
30. Letter from Dave Jenkins, 3/16/1993 (E-90).
31. Letter from Pete Wyllie, 3/10/1994 (E-91).
32. Anonymous review of a NSF proposal, 2/25/1996 (E-92).
33. Anonymous review of a NSF proposal, 2/25/1996 (E-93).
34. Anonymous review of a NSF proposal, 2/25/1996 (E-94).
35. Letter from John Liu, 10/8/1997 (E-95).
36. Letter from Dave Jenkins, 1/6/1998 (E-96).
37. Letter from Mike Drake, 1/4/2000 (E-97).
38. Letter from Tibor Gasparik to Wolfgang Engel, 7/15/2002 (E-98).
39. E-mails to and from Wolfgang Engel, 8/8/2002 and 7/19/2002 (E-99).
40. Letter from Wolfgang Engel and Almas Schimmel, March 2003 (E-100).
1. Diploma, Master of Science equivalency, 1973, Komensky University (E-61).
2. Diploma, Doctor of Philosophy, 1981, SUNY Stony Brook (E-62).
3. Diploma, Master of Arts in Teaching, 2005, SUNY Stony Brook (E-63).
4. Teacher Certificates in General Science/Earth Science, 2005 (E-64).
5. Resume, May 2006 (E-65).
6. List of Abstracts (E-66).
7. List of Articles (E-67).
8. List of Discoveries (E-68).
9. Responses to book publication in March 2003 (E-69).
10. Book: “Phase Diagrams for Geoscientists” (E-70).
11. Article from 5/11/1981 issue of “Current” (E-71).
12. Letter from Bob Newton, 9/17/1981 (E-72).
13. Letter from Bob Newton, 2/14/1983 (E-73).
14. Letter from Jacques Kornprobst, 5/30/1985 (E-74).
15. Letter from Mike Drake, 7/7/1987 (E-75).
16. Letter from Pete Wyllie, 8/3/1987 (E-76).
17. Letter from Wolfgang Engel, 9/25/1987 (E-77).
18. Letter from Joe Boyd, 3/15/1988 (E-78).
19. Letter from Brearley and Dingwell, 4/30/1989 (E-79).
20. Letter from Ann Chopelas, 10/11/1989 (E-80).
21. Anonymous review of a NSF proposal, 2/5/1990 (E-81).
22. Letter from Ted Ringwood, 4/4/1990 (E-82).
23. Letter from Don Anderson, 6/21/1990 (E-83).
24. Letter from Alan Thompson, 4/9/1991 (E-84).
25. Letter from Yutaka Abe, 8/12/1991 (E-85).
26. Letter from Melanie Krieger, 11/1/1991 (E-86).
27. Letter from Allen Schwartz to John Marburger, 1/24/1992 (E-87).
28. Anonymous review of a NSF proposal, 2/25/1993 (E-88).
29. Anonymous review of a NSF proposal, 3/8/1993 (E-89).
30. Letter from Dave Jenkins, 3/16/1993 (E-90).
31. Letter from Pete Wyllie, 3/10/1994 (E-91).
32. Anonymous review of a NSF proposal, 2/25/1996 (E-92).
33. Anonymous review of a NSF proposal, 2/25/1996 (E-93).
34. Anonymous review of a NSF proposal, 2/25/1996 (E-94).
35. Letter from John Liu, 10/8/1997 (E-95).
36. Letter from Dave Jenkins, 1/6/1998 (E-96).
37. Letter from Mike Drake, 1/4/2000 (E-97).
38. Letter from Tibor Gasparik to Wolfgang Engel, 7/15/2002 (E-98).
39. E-mails to and from Wolfgang Engel, 8/8/2002 and 7/19/2002 (E-99).
40. Letter from Wolfgang Engel and Almas Schimmel, March 2003 (E-100).
Letter from Wofgang Engel and Almas Schimmel, March 2003
E-mails to and from Wolfgang Engel, 8/8/2002 and 7/19/2002
Letter from Tibor Gasparik to Wolfgang Engel, 7/15/2002
Letter from Mike Drake, 1/4/2000
Letter from Dave Jenkins, 1/6/1998
Letter from John Liu, 10/8/1997
Anonymous review of a NSF proposal, 2/25/1996
Anonymous review of a NSF proposal, 2/25/1996
Anonymous review of a NSF proposal, 2/25/1996
Letter from Pete Wyllie, 3/10/1994
Letter from Dave Jenkins, 3/16/1993
Anonymous review of a NSF proposal, 3/8/1993
Anonymous review of a NSF proposal, 2/25/1993
Letter from Allen Schwartz to John Marburger, 1/24/1992
Letter from Melanie Krieger, 11/1/1991
Letter from Yutaka Abe, 8/12/1991
Letter from Alan Thompson, 4/9/1991
Letter from Don Anderson, 6/21/1990
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