Barbara et al v. United States of America

Justia Dockets & Filings Second Circuit New York Eastern District Barbara et al v. United States of America

Barbara et al v. United States of America

Plaintiff:	Philip Barbara
Defendant:	United States of America
Case Number:	2:2017cv01982
Filed:	April 5, 2017
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Gary R. Brown
Presiding Judge:	Arthur D. Spatt
Nature of Suit:	Personal Inj. Med. Malpractice
Cause of Action:	28 U.S.C. § 2671 Federal Tort Claims Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 23, 2020	Filing 42 MEMORANDUM & ORDER granting in part and denying in part 34 Motion to Dismiss; finding as moot 36 Motion for Extension of Time to File; For the foregoing reasons, Defendant's Rule 12(c) motion (D.E. 34) is GRANTED as to the First, Third, Fo urth, and Fifth causes of action and these claims are DISMISSED with prejudice. The motion is DENIED as to the Second Cause of Action without prejudice to Defendant filing a motion that addresses the substance of the medical malpractice claim and th e request for punitive damages. If Defendant elects to file a motion, the parties shall file a proposed briefing schedule to the docket within thirty 30 days of this Order. Plaintiff's cross-motion (D.E. 36) is DENIED AS MOOT. The Court deems Plaintiff's proposed certificate of merit as to the Second Cause of Action as filed on the date of this Order. The Clerk of the Court is directed to docket the Certificate of Merit (at D.E. 37-1) on the docket as of the date of this Order. So Ordered by Judge Joanna Seybert on 9/23/2020. C/ECF (Valle, Christine)

Date Filed

Document Text

September 23, 2020

Filing 42 MEMORANDUM & ORDER granting in part and denying in part 34 Motion to Dismiss; finding as moot 36 Motion for Extension of Time to File; For the foregoing reasons, Defendant's Rule 12(c) motion (D.E. 34) is GRANTED as to the First, Third, Fo urth, and Fifth causes of action and these claims are DISMISSED with prejudice. The motion is DENIED as to the Second Cause of Action without prejudice to Defendant filing a motion that addresses the substance of the medical malpractice claim and th e request for punitive damages. If Defendant elects to file a motion, the parties shall file a proposed briefing schedule to the docket within thirty 30 days of this Order. Plaintiff's cross-motion (D.E. 36) is DENIED AS MOOT. The Court deems Plaintiff's proposed certificate of merit as to the Second Cause of Action as filed on the date of this Order. The Clerk of the Court is directed to docket the Certificate of Merit (at D.E. 37-1) on the docket as of the date of this Order. So Ordered by Judge Joanna Seybert on 9/23/2020. C/ECF (Valle, Christine)

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Plaintiff: Philip Barbara
Represented By:	David S. Dender
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Defendant: United States of America
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