Cenzon-Decarlo v. The Mount Sinai Hospital
| Catherine Lorena Cenzon-Decarlo |
| The Mount Sinai Hospital |
| 1:2009cv03120 |
| July 21, 2009 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kings |
| Raymond J Dearie |
| James Orenstein |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 37 MANDATE of USCA as to #36 Notice of Appeal, filed by Catherine Lorena Cenzon-Decarlo. It is Ordered that the order of the District Court is affirmed in accordance with the opinion of this Court. Issued as Mandate: 12/15/10. USCA#10-0556-cv. (Attachments: #1 Opinion) (McGee, Mary Ann) |
| Electronic Index to Record on Appeal sent to US Court of Appeals, #36 Notice of Appeal. PLEASE NOTE: The documents in this case are online and may be downloaded. (McGee, Mary Ann) |
| Filing 36 NOTICE OF APPEAL as to #35 Clerk's Judgment,, #34 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss,,,, by Catherine Lorena Cenzon-Decarlo. Filing fee $ 455, receipt number 0207-3983124. Appeal Record due by 2/25/2010. (Bowman, Matthew) |
| Filing 35 CLERK'S JUDGMENT: Ordered that the Court finds no basis for implying a private right of action under the Church Amendment; that defendant's motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is granted; that the Court declines to exercise supplemental jurisdiction over the remaining state-law claims plaintiff added by amendment on 11/30/09, and they are dismissed; that plaintiff's application for a stay pending her addition of a Title VII claim, recently filed with the EEOC and with respect to which she has not yet received a right-to-sue letter, is denied. Ordered by Clerk of Court on 1/15/2010. (Chee, Alvin) |
Filing 34
MEMORANDUM & ORDER: The Court finds no basis for implying a private right of action under the Church Amendment. Accordingly, defendant's #24 motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is granted. The Court declines to exercise supplemental jurisdiction over the remaining state-law claims plaintiff added by amendment on 11/30/09, and they are dismissed. In addition, plaintiff's application for a stay pending her addition of a Title VII claim, recently filed with the EEOC and with respect to which she has not yet received a right-to-sue letter, is denied. Forwarded for judgment. Ordered by Chief Judge Raymond J. Dearie on 1/15/2010. (Chee, Alvin)
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| Filing 33 Letter response to Defendant's letter re: state law claims by Catherine Lorena Cenzon-Decarlo (Bowman, Matthew) |
| Filing 32 Letter to Judge Dearie from Bettina Plevan to supplement Defendant The Mount Sinai Hospital's motion to dismiss in light of Plaintiff's recent filing of an amended complaint by The Mount Sinai Hospital (Plevan, Bettina) |
| Filing 31 TRANSCRIPT of Proceedings held on 12/4/09, before Judge Dearie. Court Transcriber FIORE REPORTING AND TRANSCRIPTION SERVICE, Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/1/2010. Redacted Transcript Deadline set for 1/11/2010. Release of Transcript Restriction set for 3/11/2010. (Hong, Loan) |
| Filing 30 Minute Entry for proceedings held before Chief Judge Raymond J. Dearie: Oral Argument held on 12/4/2009. Counsel for parties present. Argument heard. Decision reserved. (Court Reporter: ESR.) (Chee, Alvin) |
| Filing 29 Letter by Catherine Lorena Cenzon-Decarlo (Bowman, Matthew) |
| Filing 28 AMENDED COMPLAINT , First, against The Mount Sinai Hospital, filed by Catherine Lorena Cenzon-Decarlo. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G) (Bowman, Matthew) |
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Filing 27
SCHEDULING ORDER: Oral argument has been scheduled for 12/4/09 at 3 PM before Judge Raymond J. Dearie in Courtroom 10A-S. Ordered by Chief Judge Raymond J. Dearie on 11/5/2009. (Chee, Alvin)
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| Filing 26 REPLY in Support re #24 MOTION to Dismiss Plaintiff's Complaint filed by The Mount Sinai Hospital. (Plevan, Bettina) |
| Filing 25 RESPONSE in Opposition re #24 MOTION to Dismiss Plaintiff's Complaint filed by Catherine Lorena Cenzon-Decarlo. (Attachments: #1 Exhibit Exh1 Congr. Record) (Bowman, Matthew) |
| Filing 24 MOTION to Dismiss Plaintiff's Complaint by The Mount Sinai Hospital. (Attachments: #1 Declaration of Bettina B. Plevan, #2 Exhibit 1, #3 Exhibit 2, #4 Memorandum in Support) (Plevan, Bettina) |
| Filing 23 Letter to Counsel re Service of Opposition to Motion to Dismiss by Catherine Lorena Cenzon-Decarlo (Bowman, Matthew) |
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ORDER granting #22 Motion to Adjourn Conference -- The motion is granted. The initial conference previously scheduled for October 28, 2009 is adjourned without date. Ordered by Magistrate Judge James Orenstein on 9/22/2009. (Turner, Juno)
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| Filing 22 Letter MOTION to Adjourn Conference Joint request by both parties to seek an adjournment of the Initial Conference by The Mount Sinai Hospital. (Plevan, Bettina) |
| Filing 21 Letter to Counsel re Service of Motion to Dismiss by The Mount Sinai Hospital (Plevan, Bettina) |
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Filing 20
SCHEDULING ORDER: An Initial Conference is scheduled for October 28, 2009, at 11:00 AM in Courtroom 11D South before Magistrate Judge James Orenstein. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 9/17/2009. (Guy, Alicia)
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| Filing 19 Minute Entry for proceedings held before Chief Judge Raymond J. Dearie: Pre Motion Conference held on 9/10/2009. Counsel for parties present. Case called for pre-motion conference regarding defendant's request for permission to file a motion to dismiss for failure to state a claim. Discussion held. Parties agree upon following briefing schedule as to defendant's motion to dismiss: defendant's motion due 9/18/09; plaintiff's opposition due 10/5/09; defendant's reply due 10/19/09. Parties given Chief Judge Dearie's Motion Practice Rules and are advised that oral argument will be scheduled when motion is fully briefed. (Court Reporter: Mickey Brymer.) (Chee, Alvin) |
| Filing 18 Letter Response to request for pre-motion conference, consenting to scheduled conference, asking for inclusion of Pls' preliminary injunction motion, and discussing points showing that 42 USC 300a-7 gives Mrs. DeCarlo the right to halt Mount Sinai's defiance of the law, by Catherine Lorena Cenzon-Decarlo (Bowman, Matthew) |
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Filing 17
SCHEDULING ORDER: A pre-motion conference has been scheduled for 9/10/09 at 11:45 AM before Judge Raymond J. Dearie in Courtroom 10A-S. Ordered by Chief Judge Raymond J. Dearie on 8/12/2009. (Chee, Alvin)
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| Filing 16 Letter to request a pre-motion conference with respect to Defendant's proposed motion to dismiss the Complaint for failure to state a claim. The Complaint, which is brought solely under 42 U.S.C. 300a-7(c) (the "Church Amendment"), should be dismissed because the Church Amendment does not grant individual litigants a private right of action. by The Mount Sinai Hospital (Plevan, Bettina) |
| Filing 15 NOTICE of Appearance by Harris Michael Mufson on behalf of The Mount Sinai Hospital (aty to be noticed) (Mufson, Harris) |
| Filing 14 NOTICE of Appearance by Bettina B. Plevan on behalf of The Mount Sinai Hospital (aty to be noticed) (Plevan, Bettina) |
| Filing 13 NOTICE of Change of telephone number by Matthew S. Bowman from 202-637-4610 to 202-393-8690 (Bowman, Matthew) |
| Filing 12 NOTICE of Change of telephone number by Steven H. Aden from 202-637-4610 to 202-393-8690 (Aden, Steven) |
| Filing 11 SUMMONS Returned Executed by Catherine Lorena Cenzon-Decarlo. The Mount Sinai Hospital served on 7/22/2009, answer due 8/11/2009. (Bowman, Matthew) |
| Filing 10 MOTION for Preliminary Injunction by Catherine Lorena Cenzon-Decarlo. (Attachments: #1 Memorandum in Support of Motion for Preliminary Injunction) (Ruta, Joseph) |
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Filing 9
ORDER granting #5 Motion for Leave to Appear pro hac vice -- Attorney Steven H. Aden, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. No later than August 4, 2009, Mr. Aden shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Aden shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Aden shall also ensure that the $25 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 7/28/2009. (Turner, Juno)
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| Filing 8 Letter of Certificate of Good Standing for Steven H. Aden by Catherine Lorena Cenzon-Decarlo (Aden, Steven) |
| Filing 7 Letter of Certificate of Good Standing for Matthew S. Bowman by Catherine Lorena Cenzon-Decarlo (Bowman, Matthew) |
| Filing 6 NOTICE of Appearance by Steven H. Aden on behalf of Catherine Lorena Cenzon-Decarlo (aty to be noticed) (Aden, Steven) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice for Steven H. Aden Filing fee $ 25, receipt number 0207-3649547. by Catherine Lorena Cenzon-Decarlo. (Attachments: #1 Affidavit of Steven H. Aden, #2 Proposed Order for Admission to Practice Pro Hac Vice) (Ruta, Joseph) |
| Filing 4 NOTICE of Appearance by Matthew S. Bowman on behalf of Catherine Lorena Cenzon-Decarlo (aty to be noticed) (Bowman, Matthew) |
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Filing 3
ORDER granting #2 Motion for Leave to Appear pro hac vice -- Attorney Matthew S. Bowman, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. No later than July 31, 2009, Mr. Bowman shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Bowman shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Bowman shall also ensure that the $25 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 7/24/2009. (Turner, Juno)
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| Filing 2 MOTION for Leave to Appear Pro Hac Vice for Matthew S. Bowman Filing fee $ 25, receipt number 0207-3645275. by Catherine Lorena Cenzon-Decarlo. (Attachments: #1 Affidavit for Matthew S. Bowman, #2 Proposed Order for Admission to practice Pro Hac Vice) (Ruta, Joseph) |
| Filing 1 COMPLAINT against The Mount Sinai Hospital Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Catherine Lorena Cenzon-Decarlo. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
| Summons Issued as to The Mount Sinai Hospital. (Davis, Kimberly) |
| FILING FEE: $ 350, receipt number 4653003253 (Davis, Kimberly) |
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