Mondesir v. North Shore LIJ Health System et al
| Yamilee Mondesir |
| North Shore LIJ Health System, Rachael Tabershaw and Alberina Balidemic |
| Ernst Jean |
| 1:2014cv06496 |
| August 14, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John G Koeltl |
| Sarah Netburn |
| Civil Rights: Jobs |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 28, 2016. A more recent docket listing may be available from PACER.
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Filing 95
CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated November 28, 2016, the Court has considered all of the arguments raised by the parties. Any remaining arguments are either moot or without merit. For the foregoing reasons, the Defendants' motion for summary judgment is granted. The Complaint is dismissed, although the NYCHRL claims are dismissed without prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/28/2016) (Attachments: #1 Right to Appeal, #2 Right to Appeal) The Clerks Office Has Mailed Copies. (km)
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Filing 94
MEMORANDUM OPINION AND ORDER # 106891 re: #65 MOTION for Summary Judgment . filed by Alberina Balidemic, Rachael Tabershaw, North Shore LIJ Health System. The Court has considered all of the arguments raised by the parties. Any remaining arguments are either moot or without merit. For the foregoing reasons, the defendants' motion for summary judgment is granted. The Complaint is dismissed, although the NYCHRL claims are dismissed without prejudice. The Clerk is directed to enter judgment and to close the case. The Clerk is also directed to close all pending motions. (As further set forth in this Order.) (Signed by Judge John G. Koeltl on 11/28/2016) (cf)
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Transmission to Judgments and Orders Clerk. Transmitted re: #94 Memorandum & Opinion to the Judgments and Orders Clerk. (cf)
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Filing 93
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/13/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 92
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/13/2016 before Judge John G. Koeltl. Court Reporter/Transcriber: Ellen Simone, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/9/2016. Redacted Transcript Deadline set for 12/19/2016. Release of Transcript Restriction set for 2/16/2017.(McGuirk, Kelly)
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Filing 91
ORDER: The Court has reviewed the Report and Recommendation of the Magistrate Judge dated May 19, 2016, recommending that Dr. Jean be held in civil contempt and that sanctions be imposed against him for failing to appear at his deposition and failing to produce certain documents. (ECF Document No. 63). (As further set forth in this Order.) The parties also agreed to a settlement of the request for monetary sanctions. (ECF Document No. 90). The Court expresses its appreciation to pro bono counsel and indeed to all the parties in resolving this dispute. The Clerk is directed to close Docket No. 63. (Signed by Judge John G. Koeltl on 11/7/2016) (cf)
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Filing 90
LETTER addressed to Judge John G. Koeltl from Traycee Ellen Klein dated October 28, 2016 re: Agreement reached with Dr. Jean on Sanctions and Fees. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw.(Klein, Traycee)
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Filing 89
ORDER. The Court has reviewed the Report and Recommendation of Magistrate Judge Netburn dated May 19, 2016, and held a conference related to the Report and Recommendation on October 13, 2016. Because Dr. Ernest Jean, through his counsel, has agreed to produce any requested documents and to appear for a deposition as necessary at the office of defendants' counsel, it is hereby ordered that Dr. Jean not be held in civil contempt to coerce compliance with prior orders and subpoenas. The Court directs the parties to notify the Court by October 28, 2016, with an update as to the issue of sanctions for Dr. Jean's previous non-compliance. So ordered. (Signed by Judge John G. Koeltl on 10/13/2016) (rjm)
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Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference held on 10/13/2016. (Fletcher, Donnie)
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Filing 88
NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Ernst Jean. (Huberty, Charles)
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Filing 87
NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Thursday, October 13, 2016, in Courtroom 12B, at 10:30am in front of the Honorable John G. Koeltl. All parties are directed to appear for this conference, including pro bono counsel for Ernst Jean, M.D. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. (Pretrial Conference set for 10/13/2016 at 10:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. )(cla)
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Filing 86
NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Ernst Jean. (Studness, Jessica)
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Filing 85
NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Ernst Jean. (Kobak, James)
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Filing 84
RESPONSE re: #78 Counter Statement to Rule 56.1, #75 Rule 56.1 Statement Defendants' Response and Objections to Plaintiff's Local Rule 56.1 Statement and Counter-Statement of Facts. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Klein, Traycee)
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Filing 83
REPLY MEMORANDUM OF LAW in Support re: #65 MOTION for Summary Judgment . . Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Klein, Traycee)
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Filing 82
REPLY AFFIRMATION of Traycee Ellen Klein in Support re: #65 MOTION for Summary Judgment .. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Attachments: #1 Exhibit A to Reply Affirmation of Traycee Klein, #2 Exhibit B to Reply Affirmation of Traycee Klein, #3 Exhibit C to Reply Affirmation of Traycee Klein, #4 Exhibit D to Reply Affirmation of Traycee Klein, #5 Exhibit E Reply Affirmation of Traycee Klein, #6 Exhibit F to Reply Affirmation of Traycee Klein, #7 Exhibit G to Reply Affirmation of Traycee Klein, #8 Exhibit H to Reply Affirmation of Traycee Klein, #9 Exhibit I to Reply Affirmation of Traycee Klein)(Klein, Traycee)
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Filing 81
REPLY AFFIDAVIT of Emily Weisenbach in Support re: #65 MOTION for Summary Judgment .. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Klein, Traycee)
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Filing 80
MEMO ENDORSEMENT on re: #76 Letter, filed by Yamilee Mondesir. ENDORSEMENT: SO ORDERED. (Signed by Judge John G. Koeltl on 6/15/2016) (kl)
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Filing 79
ORDER FOR LIMITED APPEARANCE OF PRO BONO COUNSEL: The Clerk of Court is directed to attempt to locate pro bono counsel to represent non-party Ernst Jean, M.D., in connection with responding to a Report and Recommendation, dated May 19, 2016, in which United States Magistrate Judge Netburn recommends that Dr. Jean be held in civil contempt for failure to respond to a subpoena and failure to appear at a hearing. See Report and Recommendation, ECF Dkt. No. 63. If counsel is located, such counsel will represent Dr. Jean solely for purposes of advising Dr. Jean in connection with the recommended contempt sanction, and that representation will terminate at the conclusion of the Court's determination of the contempt sanction. If the Clerk of Court is unable to locate counsel, Dr. Jean is responsible for responding to the Report and Recommendation. If Dr. Jean objects to this grant of pro bono counsel, Dr. Jean must file an objection within 14 days of the date of this order. In the event Dr. Jean files such an objection, this grant for pro bono counsel is vacated. Once counsel has filed a Notice of Limited Appearance of Pro Bono Counsel, the Court will set a date for a conference on the Report and Recommendation. (Signed by Judge John G. Koeltl on 6/14/2016) (kko)
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Filing 78
COUNTER STATEMENT TO #68 Rule 56.1 Statement. Document filed by Yamilee Mondesir. (Mesidor, Marjorie)
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Filing 77
MEMORANDUM OF LAW in Opposition re: #65 MOTION for Summary Judgment . . Document filed by Yamilee Mondesir. (Mesidor, Marjorie)
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Filing 76
LETTER addressed to Judge John G. Koeltl from Marjorie Mesidor, Esq. dated June 14, 2016 re: replacing Plaintiff's 56.1 Statement and Plaintiff's Memorandum filed on June 10, 2016 with Plaintiff's 56.1 Statement and Memorandum of Law filed on June 14, 2016. Document filed by Yamilee Mondesir.(Mesidor, Marjorie)
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Filing 75
RULE 56.1 STATEMENT. Document filed by Yamilee Mondesir. (Mesidor, Marjorie)
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Filing 74
MEMORANDUM OF LAW in Opposition re: #65 MOTION for Summary Judgment . . Document filed by Yamilee Mondesir. (Mesidor, Marjorie)
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Filing 73
DECLARATION of BRITTANY STEVENS in Opposition re: #65 MOTION for Summary Judgment .. Document filed by Yamilee Mondesir. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD)(Mesidor, Marjorie)
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Filing 72
AFFIDAVIT of Cordia Beverley in Opposition re: #65 MOTION for Summary Judgment .. Document filed by Yamilee Mondesir. (Mesidor, Marjorie)
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Filing 71
ORDER OF TERMINATION OF APPEARANCE OF VICTORIA MARIE SLOAN: that North Shore LIJ Health System, Rachael Tabershaw, and Alberina Balidemic, respectfully request that the appearance of Victoria Marie Sloan be terminated. Attorney Victoria Sloan Lin terminated. (Signed by Judge John G. Koeltl on 5/20/2016) (tn)
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Filing 70
ORDER OF TERMINATION OF APPEARANCE OF DUSTIN E. STARK: that North Shore LIJ Health System, Rachael Tabershaw, and Alberina Balidemic, respectfully request that the appearance of Dustin E. Stark be terminated. Attorney Dustin Edward Stark terminated. (Signed by Judge John G. Koeltl on 5/20/2016) (tn) Modified on 5/20/2016 (tn).
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Filing 69
MEMORANDUM OF LAW in Support re: #65 MOTION for Summary Judgment . . Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Klein, Traycee)
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Filing 68
RULE 56.1 STATEMENT. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Klein, Traycee)
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Filing 67
AFFIDAVIT of Emily Weisenbach in Support re: #65 MOTION for Summary Judgment .. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Attachments: #1 Exhibit A - O to Affidavit of Emily Weisenbach in Support of Defendant's Motion for Summary Judgment)(Klein, Traycee)
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Filing 66
AFFIRMATION of Traycee Ellen Klein in Support re: #65 MOTION for Summary Judgment .. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Attachments: #1 Exhibit A to Affirmation of Traycee Ellen Klein)(Klein, Traycee)
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Filing 65
MOTION for Summary Judgment . Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw.(Klein, Traycee)
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Filing 64
NOTICE OF APPEARANCE by Jonathan Lucas Shapiro on behalf of Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Shapiro, Jonathan)
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Filing 63
REPORT AND RECOMMENDATION: Accordingly, I recommend that the Court issue an Order holding Dr. Jean in contempt for his failure to respond to the subpoena and for his failure to appear at the April 26 hearing. I find that the number of hours worked and the hourly rate sought by counsel is reasonable and recommend awarding the defendants fees and costs in the amount of $12,150.06. Further, I recommend a fine to coerce Dr. Jean's compliance. When the purpose of a sanction is coercive, courts have "broad discretion to design a remedy that will bring about compliance:" Perfect Fit Indus. Inc. v. Acme Quilting Co., 673 F.2d 53, 57 (2d Cir. 1982). In devising a remedy for civil contempt, courts must consider: "(1) the character and magnitude of the harm threatened by the continued contumacy; (2) the probable effectiveness of any suggested sanction in bringing about compliance; and (3) the contemnor's financial resources and the consequent seriousness of the burden of the sanction upon him." Dole Fresh Fruit Co. v. United Banana Co., 821 F.2d 106, 110 (2d Cir. 1987). Dr. Jean repeatedly failed to respond to subpoenas and Court Orders and has made no effort to justify his actions. As a reasonable sanction to compel compliance, I recommend a fine of $250 a day from the date of any order of contempt until he complies with the subpoena. Dr. Jean's testimony, however, goes only to the plaintiff's damages claim and not to liability. The case can proceed without him, and the Court can remedy any prejudice to the defendants with a well-tailored in limine order. Although Dr. Jean is a practicing doctor, the Court is unaware of his ability to pay a limitless contempt sanction. Accordingly, in light of the award of fees already recommended, I recommend capping the fine at $7,500. (As further set forth in this Report and Recommendation.) Objections to R&R due by 6/6/2016 (Signed by Magistrate Judge Sarah Netburn on 5/19/2016) (mro)
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Filing 62
LETTER addressed to Magistrate Judge Sarah Netburn from Traycee Ellen Klein dated May 10, 2016 Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw.(Klein, Traycee)
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Filing 61
ORDER: The Court has received the defendants' request for a contempt award against Dr. Ernst Jean for, among other things, fees and costs in the amount of $13,545.00. Defense counsel is instructed to provide contemporaneous time records supporting this amount. To the extent those records would reveal work product or breach the attorney-client privilege, defense counsel may redact information in the public filing and submit an unredacted version to the Court for ex parte examination. (Signed by Magistrate Judge Sarah Netburn on 4/27/2016) (kko)
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Filing 60
LETTER addressed to Magistrate Judge Sarah Netburn from Adriana S. Kosovych dated April 26, 2016 re: Fees and Costs. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw.(Kosovych, Adriana)
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Filing 59
SCHEDULING ORDER: The defendants' motion for summary judgment is due by May 20, 2016. The plaintiff's response is due June 10, 2016. The defendants' reply is due by June 17, 2016. The moving party should provide a complete courtesy copy of the papers to the Court at the conclusion of briefing. If the defendants do not file a motion for summary judgment, then the Joint Pretrial Order, motions in limine, voir dire questions, and requests to charge are due on June 3, 2016. Responses and objections are due on June 10, 2016. The parties shall be ready for trial within 48 hours' notice on or after June 17, 2016. (Motions due by 6/3/2016. Responses due by 6/10/2016. Replies due by 6/17/2016. Pretrial Order due by 6/3/2016. Ready for Trial by 6/17/2016. (Signed by Judge John G. Koeltl on 4/25/2016) (rjm)
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Minute Entry for proceedings held before Judge John G. Koeltl: Scheduling Conference held on 4/25/2016. (Fletcher, Donnie)
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Filing 58
ORDER granting #56 Letter Motion for Conference. A Pre-Motion Conference will be held on Monday, April 25, 2016, at 11:30 a.m. SO ORDERED. Pre-Motion Conference set for 4/25/2016 at 11:30 AM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 4/13/2016) (ama)
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Filing 57
LETTER RESPONSE in Opposition to Motion addressed to Judge John G. Koeltl from Brittany Stevens, Esq. dated April 14, 2016 re: #56 LETTER MOTION for Conference in Anticipation of Defendants Filing a Motion For Summary Judgment addressed to Judge John G. Koeltl from Traycee Ellen Klein dated April 12, 2016. . Document filed by Yamilee Mondesir. (Stevens, Brittany)
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Filing 56
LETTER MOTION for Conference in Anticipation of Defendants Filing a Motion For Summary Judgment addressed to Judge John G. Koeltl from Traycee Ellen Klein dated April 12, 2016. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw.(Klein, Traycee)
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Filing 55
ORDER granting in part #36 Letter Motion to Compel; granting in part #43 Letter Motion to Compel. On August 14, 2014, plaintiff Yamilee Mondesir sued the defendants for employment discrimination and claimed that she had suffered "severe emotional and physical distress" as a result. She demanded $300,000 in damages for her emotional distress and claimed that the injury was ongoing. In response to the defendants' written interrogatories, Mondesir identified Dr. Ernst Jean as one of her treating physicians. To explore Mondesir's claims of emotional and physical distress, the defendants served Dr. Jean with a document subpoena requesting Mondesir's medical records. Dr. Jean faxed the defendants a seven-page medical record, which appeared to be incomplete and disorganized. On September 14, 2015, the defendants served Dr. Jean with a subpoena requiring him to attend a September 23, 2015 deposition. Receipt of the subpoena was confirmed by a process server and by Dr. Jean's office, which faxed the defendants' counsel a copy of the subpoena's cover page. Dr. Jean did not move to quash the subpoena. Nevertheless, and despite the defendants' repeated efforts to contact him, Dr. Jean failed to appear for the deposition. The defendants have not heard from Dr. Jean since. On December 24, 2015, the defendants moved to compel Dr. Jean to appear for a deposition and for an order holding him in contempt. On January 7, 2016, the Court entered an Order directing Dr. Jean to "engage in good faith negotiations to moot" the controversy and giving him until January 20, 2016, to respond to the motion. ECF No. 41. On January 8, 2016, the defendants filed a revised contempt motion. They served Dr. Jean with the revised motion and the January 7 Order, but he did not respond. Under Federal Rule of Civil Procedure 45(g), a district court "may hold in contempt a person who, having been served, fails without adequate excuse to obey [a] subpoena or an order related to it." Before issuing a contempt order, a court must provide due process. A person "charged with civil contempt is entitled to notice of the allegations, the right to counsel, and a hearing" at which the movant "bears the burden of proof" and the alleged contemnor "has an opportunity to present a defense." United States v. City of Yonkers, 856 F.2d 444, 452 (2d Cir. 1988), rev'd on other grounds, 493 U.S. 265 (1990). The defendants' motion gave Dr. Jean notice, and the January 7 Order gave Dr. Jean an opportunity to be heard. He failed to avail himself of those rights. The Court "therefore has the power to issue an order of contempt." Sterling Nat'l Bank v. A-1 Hotels Intern., Inc., 00-cv-7352 (GEL), 2004 WL 1418201, at *2 (S.D.N.Y. June 23, 2004). Dr. Jean's noncompliance with the defendants' subpoena and failure to respond to the Court's order "demonstrates disregard for the judicial process." PaineWebber Inc. v. Acstar Ins. Co., 211 F.R.D. 247, 249 (S.D.N.Y. 2002). Thus, the defendants' motion is GRANTED in part. Dr. Ernst Jean is hereby ORDERED to: (1) appear for an oral deposition before Friday, April 22, 2016; (2) produce all documents responsive to the defendants' document subpoena at least two business days before the scheduled deposition; and (3) appear at a hearing on Tuesday, April 26, 2016, at 10:00 a.m., in Courtroom 219, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York, to show cause why he should not be held in contempt and made to pay monetary sanctions including, if appropriate, attorneys fees. The defendant shall serve this Order on Dr. Jean at his place of business. The Clerk of Court is directed to terminate the motions docketed at ECF Nos. 36 and 43. (Signed by Magistrate Judge Sarah Netburn on 4/6/2016) (mro)
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Set/Reset Hearings: Show Cause Hearing set for 4/26/2016 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (mro) Modified on 4/8/2016 (kko).
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Filing 54
NOTICE of Withdrawal of Appearance by Nicole Welch, Esq. Document filed by Yamilee Mondesir. (Welch, Nicole)
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Filing 53
ORDER: As discussed during today's telephone conference, all further relief sought in the defendants March 21, 2016 letter is denied. The deadline for submitting any pre-motion letter to the Hon. John G. Koeltl is April 12, 2016. (Signed by Magistrate Judge Sarah Netburn on 3/29/2016) (kko)
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Filing 52
ORDER granting #50 Letter Motion for Local Rule 37.2 Conference; denying #50 Letter Motion for Extension of Time to Complete Discovery. Defendants' request for an extension of time and leave to subpoena Dr. Cordia is denied. A telephone conference is scheduled for Tuesday, March 29, 2016, at 4:00 p.m. to discuss the defendants' request for a supplement to Plaintiff's Explanation of Benefits' production. At that time, the parties should jointly call Chambers, at (212) 805-0286, with all relevant individuals on the line. All other requests are denied as moot. Defendants are directed to provide the Court with a courtesy copy of their contempt motion as required by the Individual Rules of Practice of Judge Netburn. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 51
LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Brittany Stevens dated March 23, 2016 re: #50 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Traycee Ellen Klein dated March 21, 2016. LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn from Traycee Ellen Klein dated March 21, 2016. . Document filed by Yamilee Mondesir. (Mesidor, Marjorie)
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Filing 50
LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Traycee Ellen Klein dated March 21, 2016., LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn from Traycee Ellen Klein dated March 21, 2016. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Klein, Traycee)
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Filing 49
MEMO ENDORSEMENT on re: #47 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from Brittany Stevens, Esq. dated February 1, 2016. Document filed by Yamilee Mondesir. ENDORSEMENT: Application granted. No further extensions. The parties should submit a revised scheduling order by 2/12/2016. So ordered. (Fact Discovery due by 3/21/2016.) (Signed by Judge John G. Koeltl on 2/1/2016) (rjm)
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Filing 48
ORDER granting #47 Letter Motion for Extension of Time to Complete Discovery. The Court grants the parties' final extension of discovery until March 21, 2016. No further extensions shall be granted absent good cause shown. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 47
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from Brittany Stevens, Esq. dated February 1, 2016. Document filed by Yamilee Mondesir.(Stevens, Brittany)
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Filing 46
REPLY AFFIRMATION of Traycee Ellen Klein in Support re: #36 MOTION to Compel Dr. Ernest Jean to appear and produce and pay fees and costs .. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Klein, Traycee)
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Filing 45
REPLY MEMORANDUM OF LAW in Support re: #36 MOTION to Compel Dr. Ernest Jean to appear and produce and pay fees and costs . . Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Klein, Traycee)
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Filing 44
AFFIDAVIT OF SERVICE of Defendants' Amended Notice of Motion to hold Ernst Jean in Contempt and for Feed and Costs, Memorandum of in Support of Defendants' Amended Notice of Motion to hold Ernst Jean in Contempt and for Feed and Costs and Affirmation of Traycee Ellen Klein in Support of Defendants' Amended Notice of Motion to hold Ernst Jean in Contempt and for Feed and Costs served on Ernst Jean, M.D. on 1/8/2016. Service was accepted by Luida Smith (Dr. Jean's Secretary). Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Klein, Traycee)
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Filing 43
AMENDED MOTION to Compel Dr. Ernest Jean to . Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw.(Klein, Traycee)
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Filing 42
ORDER: This order supplements the Court's instructions as set forth orally at the January 6, 2016 discovery conference. By January 11, 2016, the Plaintiff shall: (1) supplement her interrogatory responses with the last known contact information for any person identified therein; (2) supplement her responses to the Defendants' document demands by stating that, any objections notwithstanding, she has not withheld any non-privileged responsive documents; (3) provide the names of all home and cell phone carriers she has used since January 2011. By January 15, 2016, the Plaintiff shall provide the Defendants with a revised confidentiality designation as that term is understood in the Confidentiality Stipulation and Order and as discussed at the January 6 conference. A status call is scheduled for January 25, 2016, at 1:00 p.m., to discuss the parties' compliance with the Court's instructions as well as the prospect for settlement. At that time, the parties should jointly call Chambers, at (212) 805-0286, with all relevant individuals on the line. If this date is unavailable for any party, they must contact Courtroom Deputy Joseph Mendieta immediately at (212) 805-0286. (As further set forth in this Order.) (Telephone Conference set for 1/25/2016 at 01:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 1/7/2016) (kko)
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Filing 41
ORDER: Defendants are instructed to serve Dr. Jean with their contempt motion, accompanying memorandum of law, and this Order as soon as practicable, using their best efforts to complete service by January 8, 2016. Defendants may demonstrate service by a confirmation of receipt signed by an appropriate representative of Dr. Jean at his last known place of employment. Dr. Jean may appear in this case for the limited purpose of opposing the contempt motion. Any opposition to defendants' motion must be filed by January 20, 2016, and any reply must be filed by January 25, 2016. Upon receipt of the motion, the defendants and Dr. Jean (or his representative) are directed to engage in good faith negotiations to moot this motion in full or in part. Set Deadlines/Hearing as to #36 MOTION to Compel Dr. Ernest Jean to appear and produce and pay fees and costs: (Responses due by 1/20/2016, Replies due by 1/25/2016.) (Signed by Magistrate Judge Sarah Netburn on 1/7/2016) (kko)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Status Conference held on 1/6/2016. (jnm)
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Filing 40
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Traycee Ellen Klein dated December 30, 2015 re: Outstanding Discovery Disputes. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw.(Klein, Traycee)
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Filing 39
NOTICE OF APPEARANCE by Adriana Stefanie Kosovych on behalf of Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Kosovych, Adriana)
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Filing 38
AFFIRMATION of Traycee Ellen Klein in Support re: #36 MOTION to Compel Dr. Ernest Jean to appear and produce and pay fees and costs .. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Attachments: #1 Exhibit A-F, #2 Exhibit G, #3 Exhibit H-L)(Klein, Traycee)
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Filing 37
MEMORANDUM OF LAW in Support re: #36 MOTION to Compel Dr. Ernest Jean to appear and produce and pay fees and costs . . Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Klein, Traycee)
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Filing 36
MOTION to Compel Dr. Ernest Jean to appear and produce and pay fees and costs . Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw.(Klein, Traycee)
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Filing 35
ORDER: The status conference scheduled for Tuesday, January 5, 2016, at 10:00 a.m. is rescheduled for Wednesday, January 6, 2016, at 2:00 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. If this date is unavailable for any party, they must contact Courtroom Deputy Joseph Mendieta immediately at (212) 805-0286. The parties are instructed to file a joint status letter by Wednesday, December 30, 2015, addressing the status of the outstanding discovery dispute. (Status Conference set for 1/6/2016 at 02:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 12/21/2015) (kko)
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Filing 34
ORDER: On December 17, 2015, the Honorable John G. Koeltl assigned this case to my docket for general pretrial management. A status conference is scheduled for Tuesday, January 5, 2016, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. If this date is unavailable for any party, they must contact Courtroom Deputy Joseph Mendieta immediately at (212) 805-0286. The parties are instructed to file a joint status letter by Wednesday, December 30, 2015, addressing the status of the outstanding discovery dispute. (Status Conference set for 1/5/2016 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 12/18/2015) (kko)
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Filing 33
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. Motions referred to Sarah Netburn. (Signed by Judge John G. Koeltl on 12/17/2015) (rjm)
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Filing 32
LETTER MOTION for Discovery Referral to Magistrate Judge addressed to Judge John G. Koeltl from Traycee Ellen Klein dated December 16, 2015. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw.(Klein, Traycee)
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Filing 31
ORDER: The parties are to meet and confer regarding the outstanding discovery disputes. They shall report back to the Court by Tuesday, December 15, 2015 if their discovery disputes have been resolved. If they have not been resolved by then, the Court will refer the case to the Magistrate Judge for General Pretrial purposes. (Signed by Judge John G. Koeltl on 12/1/2015) (kgo)
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Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference held on 12/1/2015. (Fletcher, Donnie)
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Filing 30
ORDER granting #28 Letter Motion to Adjourn Conference. Adjourned to Tuesday, December 1, 2015, at 4:30 PM. Status Conference set for 12/1/2015 at 04:30 PM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 11/18/2015) (mro)
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Filing 29
LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Brittany Stevens, Esq. dated November 17, 2015. Document filed by Yamilee Mondesir.(Stevens, Brittany)
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Filing 28
LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Brittany Stevens, Esq. dated November 17, 2015. Document filed by Yamilee Mondesir.(Stevens, Brittany)
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Filing 27
LETTER RESPONSE to Motion addressed to Judge John G. Koeltl from Marjorie Mesidor dated 9/18/15 re: #26 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John G. Koeltl from Traycee Ellen Klein dated 9/4/2015. . Document filed by Yamilee Mondesir. (Mesidor, Marjorie)
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Filing 26
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John G. Koeltl from Traycee Ellen Klein dated 9/4/2015. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Attachments: #1 Exhibit A-E, #2 Exhibit F, #3 Exhibit G-K)(Klein, Traycee)
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Filing 25
NOTICE OF APPEARANCE by Brittany Alexandra Stevens on behalf of Yamilee Mondesir. (Stevens, Brittany)
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Filing 24
MEMO ENDORSEMENT on re: #22 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from Marjorie Mesidor, Esq. dated May 26, 2015, filed by Yamilee Mondesir. ENDORSEMENT: Application granted. See separate Revised Scheduling Order. (Signed by Judge John G. Koeltl on 5/27/2015) (spo)
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Filing 23
REVISED CIVIL SCHEDULING ORDER granting #22 Letter Motion for Extension of Time to Complete Discovery. In response to the request for an extension of the deadlines dated 5/26/2015. Discovery, including expert discovery due by 9/11/2015. Motions due by 10/2/2015. Pretrial Order due by 10/23/2015. Ready for Trial by 10/30/2015. The present best estimate of the length of trial is 4 days. This case is to be tried to a jury. (Signed by Judge John G. Koeltl on 5/27/2015) (spo)
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Set/Reset Deadlines: Expert Discovery due by 9/11/2015. (spo)
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Filing 22
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from Marjorie Mesidor, Esq. dated May 26, 2015. Document filed by Yamilee Mondesir. (Attachments: #1 Text of Proposed Order)(Mesidor, Marjorie)
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Filing 21
CONFIDENTIALITY STIPULATION AND ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. This order is not binding on the Court or Court personnel. The Court reserves the right to amend it at any time. SO ORDERED. (Signed by Judge John G. Koeltl on 3/5/2015) (ajs)
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Filing 20
NOTICE OF APPEARANCE by Victoria Marie Sloan on behalf of Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Sloan, Victoria)
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Filing 19
CIVIL SCHEDULING ORDER: Amended Pleadings due by 3/6/2015. Joinder of Parties due by 2/20/2015. Motions due by 8/21/2015. Discovery due by 7/10/2015. Pretrial Order due by 8/21/2015. The parties shall be ready for trial on 48 hours notice on or after 9/4/2015. The estimated trial time is 4 days, and this is a jury trial. The parties will notify the Court by 2/20/15 whether they consent to trial before the Magistrate Judge. SO ORDERED. (Signed by Judge John G. Koeltl on 2/10/2015) (kl)
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Filing 18
ORDER FOR CERTAIN EMPLOYMENT CASES. This Court is participating in a Pilot Program for INITIAL DISCOVERY PROTOCOLS FOR EMPLOYMENT CASES-ALLEGING ADVERSE ACTION, initiated by the Advisory Committee on Federal Rules of Civil Procedure (see "Discovery protocol for employment cases," under "Educational programs and materials," at www.fjc.gov). The Initial Discovery Protocols will apply to all employment cases pending in this court that challenge one or more actions alleged to be adverse, except as further specified herein. By March 6, 2015, unless previously provided, the parties shall provide to one another the documents and information described in the Initial Discovery Protocols for the relevant time period, and as further set forth. (Signed by Judge John G. Koeltl on 2/10/2015) (rjm)
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Filing 17
NOTICE OF APPEARANCE by Joshua Paul Frank on behalf of Yamilee Mondesir. (Frank, Joshua)
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Mediator Session Held on 01/22/2015 at 40 Foley Square.(ms)
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Filing 15
ORDER granting #13 LETTER MOTION to Adjourn Conference Scheduled for December 22, 2014 addressed to Judge John G. Koeltl from Traycee Ellen Klein dated 12/18/14. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. Adjourned to Tuesday, February 10, 2015, at 4:30 p.m. So ordered. (Status Conference set for 2/10/2015 at 04:30 PM before Judge John G. Koeltl). (Signed by Judge John G. Koeltl on 12/19/2014) (rjm).
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Filing 14
NOTICE OF APPEARANCE by Nicole Ann Welch on behalf of Yamilee Mondesir. (Welch, Nicole)
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Filing 13
LETTER MOTION to Adjourn Conference Scheduled for December 22, 2014 addressed to Judge John G. Koeltl from Traycee Ellen Klein dated 12/18/14. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw.(Klein, Traycee)
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Filing 12
NOTICE OF COURT CONFERENCE: You are directed to appear for a conference, to be held on Monday, December 22, 2014, in Courtroom 12B, at 4:30 p.m. in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Status Conference set for 12/22/2014 at 04:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (ajs)
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Filing 11
ORDER: The conference scheduled for today, Tuesday, November 25, 2014, at 4:30pm, is adjourned pending the completion of the mediation. The parties shall inform the Court of the status of this case within seven (7) days after the completion of the mediation. SO ORDERED. (Signed by Judge John G. Koeltl on 11/25/2014) (ama)
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MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for January 22, 2015 at 10:00 AM. Session to take place at the Thurgood Marshall U.S. Courthouse at 40 Foley Square New York, NY 10007.(cda)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/1/2014.(cda)
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Filing 10
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Order filed January 3, 2011). Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 11/10/2014. (Signed by Judge Loretta A. Preska on 1/3/2011) (rpr)
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Filing 9
ANSWER to #1 Complaint. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw.(Klein, Traycee)
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Filing 8
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by North Shore LIJ Health System.(Klein, Traycee)
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Filing 7
NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Tuesday, November 25, 2014, in Courtroom 12B, at 4:30 p.m. in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Don Fletcher, Courtroom Case Manager. (Pretrial Conference set for 11/25/2014 at 04:30 PM in Courtroom 12B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl). (rjm)
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Filing 6
STIPULATION EXTENDING TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT granting #5 Letter Motion for Extension of Time to Answer. IT IS HEREBY STIPULATED between the undersigned attorneys that the time within which Defendants must answer, move, or otherwise respond to the Complaint in the above-captioned matter ls hereby extended to October 30, 2014. SO ORDERED. Alberina Balidemic answer due 10/30/2014; North Shore LIJ Health System answer due 10/30/2014; Rachael Tabershaw answer due 10/30/2014 (Signed by Judge John G. Koeltl on 9/17/2014) (ama)
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Filing 5
LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Traycee Ellen Klein dated 9/16/2014. Document filed by Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw.(Klein, Traycee)
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Filing 4
NOTICE OF APPEARANCE by Dustin Edward Stark on behalf of Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Stark, Dustin)
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Filing 3
NOTICE OF APPEARANCE by Traycee Ellen Klein on behalf of Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Klein, Traycee)
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Filing 2
CIVIL COVER SHEET filed. (Kaliakina, Tatiana) (moh).
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Filing 1
COMPLAINT against Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Filing Fee $ 350.00, Receipt Number 01102348)Document filed by Yamilee Mondesir.(Kaliakina, Tatiana) (moh).
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SUMMONS ISSUED as to Alberina Balidemic, North Shore LIJ Health System, Rachael Tabershaw. (Kaliakina, Tatiana)
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Magistrate Judge Sarah Netburn is so designated. (Kaliakina, Tatiana)
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Marjorie Mesidor for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint, #2 Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (Kaliakina, Tatiana)
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Case Designated ECF. (Kaliakina, Tatiana)
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