Alicea v. Yang et al
| Maria Mercedes Alicea |
| David Haung Yang, Shideh Imanian Parsa, Robben Levine, Jenna Maisel, Daniel Marchetti, Bridgeport Hospital Yale, Andrew Villabona, Greg Marrinan, Kristen Glasgow and Madeleine K. Carroll |
| 3:2021cv01638 |
| December 9, 2021 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Sarala V Nagala |
| Robert M Spector |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 7, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 17
ORDER granting Motion to Seal Medical Records (Doc. No. #13 ): "Federal law generally treats [medical records] as confidential." See Tavares v. Lawrence & Mem'l Hosp., No. 3:11-CV-770 (CSH), 2012 WL 5929949, at *5 (D. Conn. Nov. 27, 2012) (citing Barnwell v. FCI Danbury, No. 3:10-CV-01301 (DJS), 2011 WL 5330215, at *5 (D. Conn. Nov. 3, 2011) (citation omitted); see also Northrop v. Carucci, No. 3:04-CV-103 (RNC), 2007 WL 685173, at *3 n.6 (D. Conn. Mar. 5, 2007) ("[P]laintiff's medical records will be sealed by the Clerk" because "federal law [HIPAA] treats medical records as confidential[.]"). As such, the plaintiff's confidential medical records are to be sealed. The Court notes that the medical records submitted by the plaintiff (Doc. No. #12 ) also contain the plaintiff's handwritten notes summarizing and emphasizing certain portions of her medical record. Upon motion, documents will be sealed, in whole or in part, where there are "clear and compelling reasons" and sealing is "narrowly tailored to serve those reasons," D. Conn. L. Civ. R. 5(e)(3); see also New York Times Co. v. Biaggi, 828 F.2d 110, 116 (2d Cir.1987) ("[D]ocuments may be sealed if specific, on the record findings are made demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest[.]") (internal quotations and citations omitted), cert. denied, 485 U.S. 977 (1988)), accord Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 96 (2d Cir. 2004). Because the plaintiff's handwritten notes are merely highlighting certain parts of her medical record and do not appear to be anything other than restating her medical history, the undersigned finds that there is a clear and compelling reason to seal the plaintiff's handwritten notes as well, and that sealing that portion of the plaintiff's submission is narrowly tailored. As such, the plaintiff's handwritten notes preceding her medical record are also to be sealed. So Ordered. Signed by Judge Robert M. Spector on 1/25/2022. (Kim, Jiwon)
|
|
Filing 16
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for Ruling on Motion #13 MOTION to Seal Medical Records. Signed by Judge Kari A. Dooley on 1/25/2022. Motion referred to Robert M. Spector.(Gould, K.)
|
|
Filing 15
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for review of the amended complaint #11 pursuant to 28 U.S.C. 1915. Signed by Judge Kari A. Dooley on 1/24/2022.(Gould, K.)
|
|
Filing 14
MOTION Entering Evidence for Trial by Maria Mercedes Alicea. (Attachment #1 Exhibit) (Fanelle, N.)
|
|
Filing 13
MOTION to Seal Medical Records by Maria Mercedes Alicea. (Fanelle, N.)
|
|
Filing 12
Sealed Document: Medical Records by Maria Mercedes Alicea. (Fanelle, N.)
|
|
Filing 11
AMENDED COMPLAINT against Bridgeport Hospital Yale, Madeleine K. Carroll, Kristen Glasgow, Robben Levine, Jenna Maisel, Daniel Marchetti, Greg Marrinan, Shideh Imanian Parsa, Andrew Villabona, David Haung Yang, filed by Maria Mercedes Alicea. (Fanelle, N.)
|
|
Filing 10
ORDER. The Court observes that ECF No. 6, which was mailed to the Plaintiff's address at "325 Lafayette Street, Bridgeport, CT 06604," was returned to the Court and marked as undeliverable, with a note indicating that the address was insufficient. The Court therefore has concerns that ECF Nos. 8 and 9, Judge Spector's Order Granting Plaintiff's Motion to File In Forma Pauperis and his Recommended Ruling, have likewise not reached Plaintiff.Documents attached to the Complaint indicate that the Plaintiff resides in Apartment 4208 at 325 Lafayette Street. In addition, in a separate matter pending before this Court, Alicea v. City of Bridgeport et al., 3:21-cv-01147, Plaintiff provided an address of "325 Lafayette Street, Apt. 4208, Bridgeport, CT." Therefore, the Clerk of the Court is directed to change the Plaintiff's address to "325 Lafayette Street, Apt. 4208, Bridgeport, CT 06604." The Clerk is further directed to send copies of ECF Nos. 8 and 9, along with a copy of this Order, to Plaintiff at this address.Further, the Court, sua sponte, extends the deadlines for Plaintiff to object to the #9 Recommended Ruling and to amend her complaint. Any objection to #9 Recommended Ruling shall be due on or before January 26, 2022. If the Plaintiff wishes to file an amended complaint, she may do so on or before January 31, 2022. Failure to either object to the Recommended Ruling or to file an amended complaint may result in dismissal of this case without further notice. So Ordered. Signed by Judge Kari A. Dooley on 1/11/2022. (Banker, Joshua)
|
|
Filing 9
RECOMMENDED RULING: For the reasons stated in the attached Recommended Ruling, the plaintiff's Motion to Proceed In Forma Pauperis is GRANTED. The Court respectfully recommends that the Court DISMISS the plaintiff's Complaint without prejudice to the filing of an amended complaint by JANUARY 10, 2022 that sets forth a clear statement of her claims against the defendants and details state action that would fall within the purview of section 1983. Any amended complaint must comply with the Federal and Local Rules of Civil Procedures. This is a recommended ruling. See FED. R. CIV. P. 72(b)(1). Any objections to this recommended ruling must be filed with the Clerk of the Court within fourteen (14) days after filing of such order. See D. CONN. L. CIV. R. 72.2(a). Any party receiving notice or an order or recommended ruling from the Clerk by mail shall have five (5) additional days to file any objection. See D. CONN. L. CIV. R. 72.2(a). Failure to file a timely objection will preclude appellate review. See 28 U.S.C. 636(b)(1); Rules 6(a) & 72 of the Federal Rules of Civil Procedure; D. CONN. L. CIV. R. 72.2; Impala v. United States Dept. of Justice, 670 F. Appx 32 (2d Cir. 2016) (summary order) (failure to file timely objection to Magistrate Judge's recommended ruling will preclude further appeal to Second Circuit); Small v. Secretary of H.H.S., 892 F.2d 15 (2d Cir. 1989) (per curiam). 9 Pages. Objections due by 1/10/2022 Signed by Judge Robert M. Spector on 12/22/2021.(Watson, M.)
|
|
Filing 8
ORDER granting #2 Motion for Leave to Proceed in forma pauperis (see Doc. No. 9). Signed by Judge Robert M. Spector on 12/22/2021. (Watson, M.)
|
|
Filing 7
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for Ruling on Motion including #2 MOTION for Leave to Proceed in forma pauperis and review of the complaint pursuant to 28 U.S.C. 1915. Signed by Judge Kari A. Dooley on 12/16/2021.Motion referred to Robert M. Spector.(Gould, K.)
|
|
Filing 6
ORDER OF TRANSFER. Case reassigned to Judge Kari A. Dooley for all further proceedings. Signed by Judge Sarala V. Nagala on 12/15/2021.(Bozek, M.)
|
|
Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Sarala V. Nagala on 12/9/2021.(Fazekas, J.)
|
|
Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarala V. Nagala on 12/9/2021.(Fazekas, J.)
|
|
Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 2/7/2022. Discovery due by 6/10/2022. Dispositive Motions due by 7/15/2022. Signed by Clerk on 12/9/2021.(Fazekas, J.)
|
|
Filing 2
MOTION for Leave to Proceed in forma pauperis by Maria Mercedes Alicea. (Fazekas, J.)
|
|
Filing 1
COMPLAINT against all Defendants, filed by Maria Mercedes Alicea.(Fazekas, J.) Modified on 12/17/2021 to edit text (Fazekas, J.).
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Connecticut District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
