Moses v. Richmond University Medical Center
| Joel Moses |
| Richmond University Medical Center |
| 1:2022cv02644 |
| May 9, 2022 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Peggy Kuo |
| Labor: Family and Medical Leave Act |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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| Civil Case Terminated. (WV) |
| Filing 27 STIPULATION of Dismissal with Prejudice by Richmond University Medical Center (Shields, Ana) |
| Filing 26 MOTION for Extension of Time to File Stipulation of Dismissal by Richmond University Medical Center. (Shields, Ana) |
ORDER granting #26 Motion for Extension of Time to File. The deadline for the parties to file a stipulation of dismissal is extended to January 19, 2023. Ordered by Magistrate Judge Peggy Kuo on 12/13/2022. (RO)
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| Filing 25 Letter MOTION for Extension of Time to File [Letter Motion to Judge Peggy Kuo requesting an extension of time to file Stipulation of Dismissal] by Richmond University Medical Center. (Shields, Ana) |
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ORDER granting #25 Motion for Extension of Time to File. The deadline for the parties to file a stipulation of dismissal is extended to December 15, 2022. Ordered by Magistrate Judge Peggy Kuo on 11/14/2022. (RO)
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ORDER: The #8 Motion for Temporary Restraining Order and Motion for Preliminary Injunction is terminated in light of the parties' settlement during the August 2, 2022 settlement conference. Ordered by Magistrate Judge Peggy Kuo on 10/2/2022. (O'Neil-Berven, Ryan)
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| Filing 24 Letter MOTION for Extension of Time to File the Stipulation of Dismissal by Richmond University Medical Center. (Shields, Ana) |
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ORDER granting #24 Motion for Extension of Time to File. The deadline for the parties to file a stipulation of dismissal is extended to November 17, 2022. Ordered by Magistrate Judge Peggy Kuo on 9/30/2022. (O'Neil-Berven, Ryan)
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| Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. A Settlement Conference was held by telephone on August 2, 2022. Attorney Orin Kurtz appeared on behalf of Plaintiff. Plaintiff Joel Moses was also present. Attorneys Ana Shields and Jacqueline Wild appeared on behalf of the Defendant. Defendant's representatives Gaitre Lorick and Nicole Balmer were also present. The parties were able to reach an agreement and will execute a written settlement agreement. The initial conference previously scheduled for August 25, 2022 is canceled, and the parties are directed to file a Stipulation of Dismissal by October 3, 2022. (FTR Log: 5:34-5:52) (O'Neil-Berven, Ryan) |
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ORDER granting #23 Motion to Adjourn Conference. The Initial Conference is adjourned to August 25, 2022 at 11:30 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. By August 19, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf. Ordered by Magistrate Judge Peggy Kuo on 7/21/2022. (O'Neil-Berven, Ryan)
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| Filing 23 Letter MOTION to Adjourn Conference [Letter motion to Judge Peggy Kuo requesting adjournment of initial conference] by Richmond University Medical Center. (Shields, Ana) |
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ORDER granting #22 Motion to Adjourn Conference. The Settlement Conference by telephone is adjourned to August 2, 2022 at 2:00 p.m. before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendant with complete settlement authority (other than counsel) must be present.. Counsel are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference, either with their clients on the line, or share the dial-in information so their clients can call in separately. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their Settlement Statements. The parties are directed to submit confidential ex parte settlement statements to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by July 25, 2022. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. The parties are directed to exchange all documents and information necessary for the settlement conference as soon as possible. Ordered by Magistrate Judge Peggy Kuo on 6/28/2022. (O'Neil-Berven, Ryan)
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| Filing 22 MOTION to Adjourn Conference by Joel Moses. (Kurtz, Orin) |
| Filing 21 Letter MOTION to Adjourn Conference (Settlement Conference) by Richmond University Medical Center. (Shields, Ana) |
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ORDER granting #21 Motion to Adjourn Conference. The Settlement Conference by telephone is adjourned to July 19, 2022 at 2:00 p.m. before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendant with complete settlement authority (other than counsel) must be present. Counsel are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference, either with their clients on the line, or share the dial-in information so their clients can call in separately. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their Settlement Statements. The parties are directed to submit confidential ex parte settlement statements to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by July 11, 2022. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. Ordered by Magistrate Judge Peggy Kuo on 6/22/2022. (O'Neil-Berven, Ryan)
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| Filing 20 Letter re Conference by Richmond University Medical Center (Shields, Ana) |
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SCHEDULING ORDER: A Settlement Conference is scheduled by telephone for July 6, 2022 at 2:15 p.m. before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendant with complete settlement authority (other than counsel) must be present. Counsel are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference, either with their clients on the line, or share the dial-in information so their clients can call in separately. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their Settlement Statements. The parties are directed to submit confidential ex parte settlement statements to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by June 28, 2022. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. The parties are directed to exchange all documents and information necessary for the settlement conference as soon as possible. Ordered by Magistrate Judge Peggy Kuo on 6/17/2022. (O'Neil-Berven, Ryan)
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In light of Plaintiff's #19 Letter, the parties are requested to file a joint letter by June 17, 2022 indicating whether the parties are amenable to having a settlement conference with the Court to resolve the issues raised in Plaintiff's #8 Motion for a Temporary Restraining Order and Preliminary Injunction. Ordered by Magistrate Judge Peggy Kuo on 6/15/2022. (Gus, Lindsay)
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| Filing 19 Letter to Hon. Peggy Kuo from Plaintiff Clarifying Certain Facts by Joel Moses (Attachments: #1 Exhibit A--Email Correspondence) (Kurtz, Orin) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Joel Moses. Richmond University Medical Center waiver sent on 6/7/2022, answer due 8/6/2022. (Kurtz, Orin) |
| Filing 17 TRANSCRIPT of Proceedings held on May 31, 2022, before Judge Kuo. Court Transcriber: Transcriptions Plus II, Inc.. Email address: RL.Transcriptions2@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/22/2022. Redacted Transcript Deadline set for 7/2/2022. Release of Transcript Restriction set for 8/30/2022. (Rocco, Christine) |
| Minute Entry: A motion hearing was held by telephone on May 31, 2022 before Magistrate Judge Peggy Kuo. Attorney Orin Kurtz appeared on behalf of Plaintiff. Plaintiff Joel Moses was also present. Attorneys Ana Shields and Jacqueline Wild appeared on behalf of Defendant. The parties provided the parties' argument on #8 Plaintiff's Motion for Temporary Restraining Order/Preliminary Injunction.If the parties wish to consent to Magistrate Judge Kuo's jurisdiction for a dispositive motion, they must file the required consent form. A PDF version of which may be found at: # https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-dispositive-motion-magistrate-judge The parties may withhold their consent without any adverse substantive consequences. (FTR log: 11:02 - 12:01) (Gus, Lindsay) |
| Filing 16 REPLY in Support re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Joel Moses. (Kurtz, Orin) |
| Filing 15 MOTION for Leave to File Document (Proposed Reply Memorandum of Law) by Joel Moses. (Attachments: #1 Exhibit Proposed Reply Memorandum of Law) (Kurtz, Orin) |
| Filing 14 Letter (cover letter to Hon. Margo K. Brodie enclosing courtesy copy of Defendant's Memorandum of Law in Opposition sent via overnight mail) by Richmond University Medical Center (Shields, Ana) |
| Filing 13 MEMORANDUM in Opposition re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Richmond University Medical Center. (Shields, Ana) |
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ORDER: Plaintiff's #15 Motion for Leave to File Document is granted.Oral Argument by telephone regarding Plaintiff's #8 Motion for Temporary Restraining Order is scheduled for May 31, 2022 at 11:00 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 5/26/2022. (Gus, Lindsay)
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SCHEDULING ORDER: Defendant is directed to file its objection, if any, to Plaintiff's #8 Motion for Temporary Restraining Order by May 26, 2022. Ordered by Magistrate Judge Peggy Kuo on 5/25/2022. (Gus, Lindsay)
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| Filing 12 Unsigned Order to Show Cause by Joel Moses (Kurtz, Orin) |
| Filing 11 AFFIDAVIT/DECLARATION in Support re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Declaration of Joel Moses filed by Joel Moses. (Attachments: #1 Exhibit A--Doctor's Letters) (Kurtz, Orin) |
| Filing 10 AFFIDAVIT/DECLARATION in Support re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Declaration of Orin Kurtz filed by Joel Moses. (Kurtz, Orin) |
| Filing 9 MEMORANDUM in Support re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Joel Moses. (Kurtz, Orin) |
| Filing 8 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Joel Moses. (Kurtz, Orin) |
| Filing 7 NOTICE of Appearance by Jacqueline Wild on behalf of Richmond University Medical Center (aty to be noticed) (Wild, Jacqueline) |
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Filing 6
SCHEDULING ORDER: An Initial Conference will be held in this case on August 11, 2022 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. By August 5, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendant is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 5/10/2022. (O'Neil-Berven, Ryan)
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| Filing 5 NOTICE of Appearance by Ana Shields on behalf of Richmond University Medical Center (aty to be noticed) (Shields, Ana) |
| Filing 4 Summons Issued as to Richmond University Medical Center. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Richmond University Medical Center filing fee $ 402, receipt number ANYEDC-15545333 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Joel Moses. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Kurtz, Orin) |
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| Plaintiff: Joel Moses | |
| Represented By: | Orin R. Kurtz |
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| Defendant: Richmond University Medical Center | |
| Represented By: | Ana Shields |
| Represented By: | Jacqueline Wild |
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