LaBarbera v. NYU Winthrop Hospital
| Allison LaBarbera |
| NYU Winthrop Hospital |
| 2:2018cv06737 |
| November 27, 2018 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| Steven I Locke |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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| Filing 27 MANDATE of USCA 21-815 as to #26 Notice of Appeal filed by Allison LaBarbera. It is hereby ordered that Appellant's brief must be filed on or before July 6, 2021. The appeal is dismissed effective July 6, 2021 if the brief id not filed by that date. A motion to extend the time to file the brief or seek other relief will not toll the filing date. (Landow, Concetta) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #26 Notice of Appeal; Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Landow, Concetta) |
| Filing 26 NOTICE OF APPEAL as to #24 Order on Motion for Summary Judgment, #25 Clerk's Judgment, by Allison LaBarbera. Filing fee $ 505, receipt number ANYEDC-14324360. Appeal Record due by 4/15/2021. (Attachments: #1 Exhibit, #2 Exhibit) (Ostrove, Rick) |
| Filing 25 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiff Allison LaBarbera take nothing of Defendant NYU Winthrop Hospital; that Defendant's motion for summary judgment is granted; and that this case is closed. Ordered by Clerk of Court on 3/16/2021. (Toritto, Jim) |
Filing 24
ORDER granting #22 Motion for Summary Judgment: As Plaintiff has failed to present a prima facie case of discrimination, Defendants motion for summary judgment is GRANTED. SEE ATTACHED ORDER. The Clerk of Court is directed to enter judgment accordingly and to close this case. Ordered by Judge Denis R. Hurley on 3/16/2021. (Ready, John)
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ORDER: In its December 19, 2019 Order, the Court directed defense counsel to provide chambers with a courtesy copy of all papers related to its Motion for Summary Judgment. Defense Counsel is hereby ordered to provide chambers with paper copies within 30 days. Ordered by Judge Denis R. Hurley on 10/5/2020. (Ready, John)
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| Filing 23 RULE 56.1 STATEMENT re #22 Fully Briefed MOTION for Summary Judgment (Defendant's Reply to Plaintiff's Rule 56.1 Counterstatement of Facts) filed by NYU Winthrop Hospital. (Traub, Amy) |
| Filing 22 Fully Briefed MOTION for Summary Judgment by NYU Winthrop Hospital. (Attachments: #1 Memorandum in Support, #2 Rule 56.1 Statement, #3 Declaration of Amhy Traub in Support, #4 Exhibit A to Traub Declaration, #5 Exhibit B to Traub Declaration, #6 Exhibit C to Traub Declaration, #7 Exhibit D to Traub Declaration, #8 Exhibit E to Traub Declaration, #9 Exhibit F to Traub Declaration, #10 Exhibit G-1 to Traub Declaration, #11 Exhibit G-2 to Traub Declaration, #12 Exhibit G-3 to Traub Declaration, #13 Exhibit G-4 to Traub Declaration, #14 Exhibit G-5 to Traub Declaration, #15 Exhibit H-1 to Traub Declaration, #16 Exhibit H-2 to Traub Declaration, #17 Declaration of Derek Forte in Support, #18 Exhibit A to Forte Declaration, #19 Exhibit B to Forte Declaration, #20 Exhibit C to Forte Declaration, #21 Exhibit D to Forte Declaration, #22 Exhibit E to Forte Declaration, #23 Exhibit F to Forte Declaration, #24 Exhibit G to Forte Declaration, #25 Exhibit H to Forte Declaration, #26 Exhibit I to Forte Declaration, #27 Exhibit J to Forte Declaration, #28 Exhibit K to Forte Declaration, #29 Exhibit L to Forte Declaration, #30 Exhibit M to Forte Declaration, #31 Declaration of Arnold Monto, M.D. in Support, #32 Exhibit A to Dr. Monto Declaration, #33 Exhibit B to Dr. Monto Declaration, #34 Declaration of Marlene Davis in Support, #35 Exhibit A to Davis Declaration, #36 Exhibit B to Davis Declaration, #37 Exhibit C to Davis Declaration, #38 Exhibit D to Davis Declaration, #39 Exhibit E to Davis Declaration, #40 Exhibit F to Davis Declaration, #41 Exhibit G to Davis Declaration, #42 Exhibit H to Davis Declaration, #43 Exhibit I to Davis Declaration, #44 Exhibit J to Davis Declaration, #45 Exhibit K to Davis Declaration, #46 Exhibit L to Davis Declaration, #47 Exhibit M to Davis Declaration, #48 Exhibit N to Davis Declaration, #49 Exhibit O to Davis Declaration, #50 Memorandum in Opposition, #51 Rule 56.1 Statement Counterstatement, #52 Declaration of Rick Ostrove in Opposition, #53 LaBarbera Deposition Excerpts to Ostrove Declaration, #54 Breen Deposition Excerpts to Ostrove Declaration, #55 Exhibit 1 to Ostrove Declaration, #56 Exhibit 2 to Ostrove Declaration, #57 Exhibit 3 to Ostrove Declaration, #58 Exhibit 4 to Ostrove Declaration, #59 Exhibit 5 to Ostrove Declaration, #60 Exhibit 6 to Ostrove Declaration, #61 Exhibit 7 to Ostrove Declaration, #62 Exhibit 8 to Ostrove Declaration, #63 Reply Brief in Further Support, #64 Reply Declaration of Amy J. Traub in Further Support, #65 Reply Declaration of Dr. Arnold Monto in Further Support, #66 Reply Declaration of Marlene Davis in Further Support) (Traub, Amy) |
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ORDER granting #21 Motion for Extension of Time to File: The application for an extension of time and additional pages is granted and the revised briefing schedule is So Ordered. Ordered by Judge Denis R. Hurley on 5/6/2020. (Hoon, Megha)
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| Filing 21 Letter MOTION for Extension of Time to File Reply Brief in Support of Defendant's Motion for Summary Judgment and Leave to File Excess Pages by NYU Winthrop Hospital. (Traub, Amy) |
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ORDER granting #20 : The application is granted and the revised briefing schedule is So Ordered. Ordered by Judge Denis R. Hurley on 3/19/2020. (Hoon, Megha)
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| Filing 20 Letter MOTION for Extension of Time to File by Allison LaBarbera. (Ostrove, Rick) |
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Electronic SCHEDULING ORDER: On consent, and based on the representations set forth in DE #19 , the final pretrial conference currently scheduled for 1/30/2020 before Magistrate Judge Steven I. Locke, and the corresponding deadline to submit a joint proposed pretrial order, are adjourned sine die. The parties are directed to file a joint status report, which, if necessary, includes three proposed dates for a pretrial conference within ten days of the disposition of the forthcoming summary judgment motion practice. Ordered by Magistrate Judge Steven I. Locke on 12/20/2019. (Kantor, Jesse)
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ORDER granting in part and denying in part #19 : The proposed revised briefing schedule is So Ordered. The application is denied without prejudice with respect to the pre-trial order and pre-trial conference dates. Because those dates were set by Judge Locke, requests to adjourn them should be directed to him. Ordered by Judge Denis R. Hurley on 12/20/2019. (Hoon, Megha)
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| Filing 19 Letter MOTION for Extension of Time to File Response/Reply as to Scheduling Order,, by NYU Winthrop Hospital. (Traub, Amy) |
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SCHEDULING ORDER: re [16, 18]: The Court waives its requirement for a pre-motion conference and sets the following briefing schedule for Defendant's proposed motion: Defendant shall serve, but not file, its motion on or before January 24, 2020; Plaintiff shall serve, but not file, its opposition on or before February 21, 2020; Defendant shall serve its reply and file all papers with the Court, including a courtesy copy for Chambers, on or before March 6, 2020. Ordered by Judge Denis R. Hurley on 12/19/2019. (Hoon, Megha)
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| Filing 18 Letter Response to Pre-Motion letter by Allison LaBarbera (Ostrove, Rick) |
| Filing 17 NOTICE of Appearance by Amanda L. Van Hoose Garofalo on behalf of NYU Winthrop Hospital (aty to be noticed) (Van Hoose Garofalo, Amanda) |
| Motions terminated, docketed incorrectly: #16 Letter MOTION for pre motion conference filed by NYU Winthrop Hospital. (The document should have been filed as a "LETTER" application and the Court will address the document as such. All corrections have been made). (Cubano, Jazmin) |
| Filing 16 Letter application for pre motion conference by NYU Winthrop Hospital. (Traub, Amy) Modified on 12/16/2019 (Cubano, Jazmin). |
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Electronic ORDER granting #15 Motion to Adjourn Conference. On consent, and based on the representation that there are no current discovery issues requiring the Court's attention set forth in DE #15 , the status conference currently scheduled for 7/30/2019 is canceled. The final pretrial conference currently scheduled for 1/30/2020 at 10:00 a.m. in courtroom 820 will proceed as scheduled. A joint proposed pretrial order must be filed at least three days in advance of the conference. Ordered by Magistrate Judge Steven I. Locke on 7/25/2019. (Kantor, Jesse)
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| Filing 15 Joint MOTION to Adjourn Conference (Cancellation of July 30, 2019 Status Conference) by NYU Winthrop Hospital. (Sheikh, Saima) |
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Electronic ORDER granting DE #14 Motion to Adjourn Conference. On consent, the status conference currently scheduled for 7/18/2019 is adjourned to 7/30/2019 at 11:00 a.m. in courtroom 820 of the Central Islip courthouse. Further, in light of the specific circumstances described in DE #14 , counsel for Defendant NYU Winthrop Hospital may appear by telephone for the 7/30/2018 conference. Ordered by Magistrate Judge Steven I. Locke on 7/15/2019. (Kantor, Jesse)
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| Filing 14 Letter MOTION to Adjourn Conference (Status Conference) by NYU Winthrop Hospital. (Sheikh, Saima) |
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Filing 13
SCHEDULING ORDER: Discovery deadlines set; see attached. Next Status Conference set for 7/18/2019 at 10:00 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 3/28/2019. (Gandiosi, Kristin)
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| Filing 12 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Initial Conference Hearing held on 3/28/2019. The Court has adopted and So Ordered the joint proposed scheduling order #11 submitted by the parties. (Gandiosi, Kristin) |
| Filing 11 Proposed Scheduling Order (Joint) by NYU Winthrop Hospital (Traub, Amy) |
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Filing 10
INITIAL CONFERENCE ORDER: An Initial Conference is set for 3/28/2019 at 10:30 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 2/12/2019. (Attachments: #1 SIL Individual Rules, #2 Scheduling Order Work Sheet) (Gandiosi, Kristin)
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| Filing 9 Corporate Disclosure Statement by NYU Winthrop Hospital identifying Corporate Parent NYU Langone Health System for NYU Winthrop Hospital. (Traub, Amy) |
| Filing 8 ANSWER to #1 Complaint by NYU Winthrop Hospital. (Traub, Amy) |
| Filing 7 NOTICE of Appearance by Saima Zuberi Sheikh on behalf of NYU Winthrop Hospital (aty to be noticed) (Sheikh, Saima) |
| Filing 6 NOTICE of Appearance by Amy Joy Traub on behalf of NYU Winthrop Hospital (aty to be noticed) (Traub, Amy) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Allison LaBarbera. NYU Winthrop Hospital waiver sent on 12/10/2018, answer due 2/8/2019. (Ostrove, Rick) |
| Filing 4 Summons Issued as to NYU Winthrop Hospital. (Flanagan, Doreen) |
| Filing 3 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. (Flanagan, Doreen) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Filing 1 COMPLAINT against NYU Winthrop Hospital Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Allison LaBarbera. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Flanagan, Doreen) |
| FILING FEE: $ 400.00, receipt number ANYEDC-10969881 (Flanagan, Doreen) |
| Case Assigned to Judge Denis R. Hurley and Magistrate Judge Steven I. Locke. 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. (Flanagan, Doreen) |
| Incorrect Case/Document Entry Information. Revised Plaintiff Allison LaBarbara to Allison LaBarbera to conform to the Complaint. Deleted Document Entry No. 1 (Complaint, Proposed Summons and Civil Cover Sheet) initially filed as against Plaintiff and re-entered as against Defendant. (Flanagan, Doreen) |
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| Defendant: NYU Winthrop Hospital | |
| Represented By: | Amy Joy Traub |
| Represented By: | Amanda L. Van Hoose Garofalo |
| Represented By: | Saima Zuberi Sheikh |
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| Plaintiff: Allison LaBarbera | |
| Represented By: | Rick Ostrove |
| Represented By: | Brandon David Okano |
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