Rome Ambulatory v. Rome Memorial, et al
Plaintiff: Rome Ambulatory Surgery Center, LLC
Defendant: Rome Memorial Hospital, Inc., Greater Rome Affiliates, Inc. and Rome Medical Group, P.C.
Amicus Curiae: Healthcare Association of New York State
Case Number: 5:2001cv00023
Filed: January 3, 2001
Court: US District Court for the Northern District of New York
Presiding Judge: Gustave J DiBianco
Referring Judge: David N Hurd
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. ยง 1 Antitrust Litigation
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 25, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 25, 2010 Opinion or Order Filing 187 Endorsement ORDER on defts' objection to the unsealing of documents filed under seal. ORDERED that the file shall remain sealed.Signed by Judge David N. Hurd on 5/25/2010. (see)
May 25, 2010 Filing 186 AFFIDAVIT of Thomas C. Buckel, Jr., in opposition to the #185 Order to Show Cause. (see)
May 25, 2010 Sealed documents in this case will remain SEALED based upon defts' objection located at document #186. (see)
May 19, 2010 Opinion or Order Filing 185 ORDER TO SHOW CAUSE: that the parties show cause, within 30 days of the date of this Order, why the case or documents cannot be unsealed for storage. Signed by Judge David N. Hurd on 5/19/2010. (see)
October 24, 2005 Filing 184 TRANSCRIPT of a Motion held on 1/14/2005 before Judge Hurd, Court Reporter: Nancy Freddoso - maintained in Clerk's Office and not available for electronic viewing. (see) (cbm, ).
June 14, 2005 Opinion or Order Filing 183 Endorsement ORDER granting the #182 Stipulation of Dismissal filed by Rome Memorial Hospital, Inc., & Greater Rome Affiliates, Inc. Signed by Judge David N. Hurd on 6/14/2005. (see)
June 10, 2005 Filing 182 STIPULATION of Dismissal by Rome Memorial Hospital, Inc., Greater Rome Affiliates, Inc. submitted to Judge David N. Hurd. (Buckel, Thomas)
March 29, 2005 Filing 181 Minute Entry for proceedings held before Judge David N. Hurd : Telephone Conference held on 3/28/2005 (Court Reporter None) (cmr, )
March 29, 2005 Set/Reset Hearings: Jury Trial set for 6/27/2005 09:30 AM in Utica before Judge David N. Hurd. Pretrial papers due by 5/27/05. Please adjust your calendars to reflect this change. (cmr, )
January 18, 2005 Copy of Judge Hurd's #180 order was mailed to attorney for MVP Health Plan. (cbm, )
January 15, 2005 Filing 178 Minute Entry for proceedings held before Judge David N. Hurd : Motion Hearing held on 1/14/2005 in Utica re #173 MOTION for Reconsideration filed by Rome Ambulatory Surgery Center, LLC,, #165 MOTION Lift the Seal on Plaintiff's Summary Judgment Briefs and Certain Related Filings filed by Rome Ambulatory Surgery Center, LLC,, #166 MOTION Admission of Facts and Unsealing of Documents filed by Rome Ambulatory Surgery Center, LLC, (Court Reporter Nancy Freddoso) (cmr, )
January 15, 2005 NOTICE of Hearing: Jury Trial set for 6/13/2005 09:30 AM in Utica before Judge David N. Hurd. Proposed voir dire questions, requests to charge & exhibit list due by 5/13/05; witness list containing a brief statement of what each witness will testify to at trial due by 5/13/05; motions in limine and trial briefs due by 5/13/05.(cmr, )
January 14, 2005 Opinion or Order Filing 180 ORDER denying pltf's #173 Motion for Reconsideration as to Count V of the 2nd amended complaint; denying pltf's #166 Motion to have certain facts deemed admitted; granting in part and denying in part pltf's #165 Motion to lift the protective order sealing the record. The parties' summary judgment memoranda will be unsealed and docketed; the rest of the record will remain sealed . Signed by Judge David N. Hurd on 1/14/05. (cbm, )
January 14, 2005 Filing 179 Letter to Judge Hurd from Tricia A. Asaro, Esq., on behalf of MVP Health Plan, opposing the lifting of the seal on certain documents in this case. (cbm, )
January 13, 2005 Filing 177 RESPONSE in Opposition re #173 MOTION for Reconsideration filed by Rome Memorial Hospital, Inc., Greater Rome Affiliates, Inc.. (Buckel, Thomas)
January 5, 2005 Filing 176 Letter to the Court dated 1/5/05 from Excellus Health Plan, Inc. (non-party). (tab)
January 4, 2005 Filing 175 MEMORANDUM OF LAW in support of motion filed by atty. William Kopit - maintained in Clerk's Office and not available for electronic viewing (kcl, ). Unsealed by #180 order: Additional attachment(s) added on 2/11/2005 (cbm, ).
January 4, 2005 Filing 174 AFFIDAVIT in Support re #173 MOTION for Reconsideration filed by Rome Ambulatory Surgery Center, LLC. (Kopit, William)
January 4, 2005 CLERK'S CORRECTION OF DOCKET ENTRY re #173 Motion for Reconsideration, filed by William Kopit, Esq. for Rome Ambulatory Surgery Center, LLC; Clerk advises counsel that the #173 motion was not filed in compliance with Local Rule 7.1(g)[re: filing procedure for motions for reconsideration]; Counsel is asked to e-file further required documents (kcl, )
January 4, 2005 Set/Reset Deadlines as to #165 MOTION Lift the Seal on Plaintiff's Summary Judgment Briefs and Certain Related Filings, #173 MOTION for Reconsideration, #166 Response to motion for reconsideration due 1/12/05. No reply to response will be permitted. MOTION Admission of Facts and Unsealing of Documents. Motion Hearing set for 1/14/2005 10:00 AM in Utica before Judge David N. Hurd. (cmr, )
January 4, 2005 NOTICE of Hearing on Motion #165 MOTION Lift the Seal on Plaintiff's Summary Judgment Briefs and Certain Related Filings, #173 MOTION for Reconsideration, #166 MOTION Admission of Facts and Unsealing of Documents: Reply to Response to Motion due by 1/12/2005. No reply to response will be accepted for filing. Motion Hearing set for 1/14/2005 10:00 AM in Utica. Conference to be held after argument of the motions to set a trial date per oral order of Judge David N. Hurd. Appearance required. Please adjust your calendars to reflect this change.(cmr, )
January 3, 2005 Filing 173 MOTION for Reconsideration by Rome Ambulatory Surgery Center, LLC. (Attachments: #1 Plaintiff's Motion for Reconsideration of the Granting of Summary Judgment on Count V of the Complaint#2 Proposed Order/Judgment Proposed Order#3 Certificate of Service)(Kopit, William)
December 30, 2004 Filing 172 RESPONSE in Opposition re #166 MOTION Admission of Facts and Unsealing of Documents Memorandum of Law filed by Rome Memorial Hospital, Inc., Greater Rome Affiliates, Inc.. (Buckel, Thomas)
December 30, 2004 Filing 171 RESPONSE in Opposition re #165 MOTION Lift the Seal on Plaintiff's Summary Judgment Briefs and Certain Related Filings Memorandum of Law filed by Rome Memorial Hospital, Inc., Greater Rome Affiliates, Inc.. (Buckel, Thomas)
December 30, 2004 Filing 170 RESPONSE in Opposition re #165 MOTION Lift the Seal on Plaintiff's Summary Judgment Briefs and Certain Related Filings Declaration w/ Exhibits filed by Rome Memorial Hospital, Inc., Greater Rome Affiliates, Inc.. (Attachments: #1 Exhibit A Hearing Transcript pgs. 1-40#2 Exhibit A Hearing Transcript pgs. 41-80#3 Exhibit A Hearing Transcript pgs. 81-119#4 Exhibit B - Summary of Confidential Data)(Buckel, Thomas)
December 30, 2004 NOTICE of Hearing on Motion #165 MOTION Lift the Seal on Plaintiff's Summary Judgment Briefs and Certain Related Filings, #166 MOTION Admission of Facts and Unsealing of Documents: Motion Hearing reset for 1/14/2005 10:30 AM in Utica before Judge David N. Hurd. Appearance required. Please adjust your records to reflect this change. The Court will conduct a conference with counsel after the motions are heard to issue a trial date.(cmr, )
December 30, 2004 Set/Reset Deadlines as to #165 MOTION Lift the Seal on Plaintiff's Summary Judgment Briefs and Certain Related Filings, #166 MOTION Admission of Facts and Unsealing of Documents. Motion Hearing set for 1/14/2005 10:30 AM in Utica before Judge David N. Hurd. (cmr, )
December 23, 2004 Opinion or Order Filing 169 Request on consent, and ORDER extending time for defts to file response to pending motions until 12/28/04. Signed by Judge David N. Hurd on 12/23/04. (cbm, )
December 23, 2004 Reset defts' response Deadlines as to #165 and #166 MOTIONS until 12/28/2004. (cbm, )
December 22, 2004 Opinion or Order Filing 168 ORDER denying pltf's #111 Motion for Summary Judgment, granting in part and denying in part defts' #112 Motion for Summary Judgment . Signed by Judge David N. Hurd on 12/21/04. (cbm, ) Modified on 12/22/2004 to reflect that pltf's motion was denied (cbm, ).
December 21, 2004 Filing 167 Letter from Thomas C. Buckel, Jr. for Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc. requesting extension to motion response deadline (two motions). (Buckel, Thomas)
December 14, 2004 Filing 166 MOTION Admission of Facts and Unsealing of Documents Motion Hearing set for 1/14/2004 10:00 AM in Utica before Judge David N. Hurd. Response to Motion due by 12/28/2003 Reply to Response to Motion due by 1/5/2004. by Rome Ambulatory Surgery Center, LLC. (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Plaintiff's Motion to Deem Admitted Certain Facts Contained in Plaintiff's Statement of Material Facts Not in Dispute, and to Lift the Seal on Plaintiff's Statement of Material Facts Not in Dispute and Defendants' Response#2 Exhibit Motion to Deem Admitted Certain Facts Contained in Plaintiff's Statement of Material Facts Not in Dispute, and to Lift the Seal on Plaintiff's Statement of Material Facts Not in Dispute and Defendants' Response#3 Declaration Declaration of William Kopit#4 Proposed Order/Judgment Proposed Order#5 Exhibit Certificate of Service)(Kopit, William)
November 17, 2004 Filing 165 MOTION Lift the Seal on Plaintiff's Summary Judgment Briefs and Certain Related Filings Motion Hearing set for 1/14/2005 02:00 PM in Utica before Judge David N. Hurd. Response to Motion due by 12/28/2004 Reply to Response to Motion due by 1/3/2005. by Rome Ambulatory Surgery Center, LLC. (Attachments: #1 Motion to Lift the Seal on Summary Judgment Briefs and Related Filings#2 Memorandum in Support of Plaintiff's Motion to Lift the Seal on Plaintiff's Summary Judgment Briefs and Related Filings#3 Exhibit 1 to Memorandum#4 Exhibit 2 to Memorandum#5 Declaration of William G. Kopit#6 Proposed Order/Judgment #7 Certificate of Service)(Kopit, William)
August 23, 2004 Filing 164 SEALED Errata to plaintiff's opposition to statement of facts in Opposition to defendants' #112 MOTION for Summary Judgment filed by plaintiff Rome Ambulatory Surgery Center, LLC (filed under seal pursuant to revised protective order of 10/24/02). (cbm, ) (see, ). (Additional attachment(s) added on 2/9/2018: #1 Sealed Cover Page Noting File Date) (see, ).
August 16, 2004 Filing 163 Minute Entry for proceedings held before Judge David N. Hurd : Motion Hearing held on 8/13/2004 re #111 MOTION for Summary Judgment filed by Rome Ambulatory Surgery Center, LLC,--DECISION RESERVED. #112 MOTION for Summary Judgment filed by Rome Memorial Hospital, Inc., Greater Rome Affiliates, Inc..DECISION RESERVED. Ct. to issue written decision. (Court Reporter Nancy Freddoso) (cmr, )
August 3, 2004 NOTICE of Hearing on Motion #111 MOTION for Summary Judgment, #112 MOTION for Summary Judgment: Motion Hearing set for 8/13/2004 10:30 AM in Utica before Judge David N. Hurd. The Ct. will allow parties a total of 1 hour to argue motions. Appearance required. (cmr, )
July 30, 2004 Opinion or Order ORDER re #149 MOTION to have the Court Request the Views of the Federal Enforcement Agencies and the Attorney General of the State of New York filed by Rome Ambulatory Surgery Center, LLC. Motion is DENIED pursuant to the oral Order of Judge David N. Hurd. (djc, ) Modified on 7/30/2004, served Atty Yohey via U.S. Mail on 7/30/2004. (see, ).
July 27, 2004 Filing 162 CERTIFICATE OF SERVICE by Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc. of Memorandum Opposing Plaintiff's Motion to have the Court Request the Views of Federal and State Antitrust Enforcement Agencies (Buckel, Thomas)
July 27, 2004 Filing 161 RESPONSE in Opposition re #149 MOTION to have the Court Request the Views of the Federal Enforcement Agencies and the Attorney General of the State of New York filed by Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc.. (Buckel, Thomas)
July 15, 2004 Filing 160 SEALED REPLY to deft's memo in opposition pltf's #111 MOTION for Summary Judgment filed by Rome Ambulatory Surgery Center, LLC; filed under seal pursuant to revised protective order of 10/24/02. (cbm, ) UNSEALED BY #180 ORDER: Additional attachment(s) added on 1/24/2005 (cbm, ). Modified on 1/24/2005 (cbm, ).
July 13, 2004 Filing 159 SEALED SUPPLEMENTAL DECLARATION of William Lynk on behalf of defts re: #112 Motion for Summary Judgment. (kcl, ) (see, ).
July 13, 2004 Filing 158 SEALED REPLY AFFIDAVIT of Thomas Buckel, Esq. for defts re: #112 Motion for Summary Judgment. (kcl, ) (Additional attachment(s) added on 2/9/2018: #1 Sealed Exhibit A, #2 Sealed Exhibit B) (see, ).
July 13, 2004 Filing 157 SEALED REPLY MEMORANDUM to pltf's Response to #112 MOTION for Summary Judgment filed by Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc.. (kcl, ) UNSEALED BY #180 ORDER : Additional attachment(s) added on 1/24/2005 (cbm, ). Modified on 1/24/2005 (cbm, ).
July 13, 2004 Filing 156 Letter from Thomas C. Buckel, Jr. for Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc. requesting Clerk to file defendants' reply papers under seal in connection with the summary judgment motions. (Buckel, Thomas)
July 9, 2004 Filing 155 LETTER/NOTICE dated 7/8/04; Letter addressed to the Court from counsel for non-party witness "MVP", Tricia Asaro, Esq. advising of her new address (kcl, )
July 7, 2004 Opinion or Order Filing 154 Endorsement ORDER granting pltf's #153 Letter Request filed by Rome Ambulatory Surgery Center, LLC.Signed by Judge David N. Hurd on 7/7/2004. (see)
July 6, 2004 Filing 153 Letter from William G. Kopit for Rome Ambulatory Surgery Center, LLC requesting extension of page limit for Plaintiff's Reply to Defendants' Memorandum in Opposition to Summary Judgment. (Kopit, William)
July 2, 2004 Filing 152 CERTIFICATE OF SERVICE by Rome Ambulatory Surgery Center, LLC (Kopit, William)
July 2, 2004 Filing 151 AFFIDAVIT Declaration of William G. Kopit Pursuant to 28 U.S.C. Section 1746 by Rome Ambulatory Surgery Center, LLC. (Kopit, William)
July 2, 2004 Filing 150 MEMORANDUM OF LAW In Support of Plaintiff's Motion to Have the Court Request the Views of the Federal Antitrust Enforcement Agencies (the Federal Trade Commission and the U.S. Department of Justice, Antitrust Division), and the Attorney General of the State of New York filed by Rome Ambulatory Surgery Center, LLC. (Attachments: #1 Exhibit Exhibit 1 to Memorandum of law#2 Exhibit Exhibit 2 to Memorandum of law#3 Exhibit Exhibit 3 to Memorandum of law#4 Exhibit Exhibit 4 to Memorandum of law#5 Exhibit Exhibit 5 to Memorandum of Law#6 Exhibit Exhbit 6 to Memorandum of law)(Kopit, William)
July 2, 2004 Filing 149 MOTION to have the Court Request the Views of the Federal Enforcement Agencies and the Attorney General of the State of New York Motion Hearing set for 8/13/2004 10:00 AM in Utica before Judge David N. Hurd. Response to Motion due by 7/27/2004 Reply to Response to Motion due by 8/2/2004. by Rome Ambulatory Surgery Center, LLC.(Kopit, William)
July 2, 2004 Filing 148 NOTICE by Rome Ambulatory Surgery Center, LLC of Motion (Kopit, William)
June 24, 2004 Opinion or Order Filing 147 Endorsement ORDER granting defts' #146 Letter Request filed by Rome Memorial Hospital, Inc., and Greater Rome Affiliates, Inc.Signed by Judge David N. Hurd on 6/24/2004. (see)
June 24, 2004 Set/Reset Deadlines as to #112 MOTION for Summary Judgment. Reply to Response to Motion due by 7/13/2004. (see, )
June 22, 2004 Filing 146 Letter from Thomas C. Buckel, Jr. for Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc. requesting extension of motion reply deadline. (Buckel, Thomas)
June 21, 2004 Opinion or Order Filing 145 Endorsement ORDER as to the #143 Letter Request, requesting leave to file a reply brief of 30 pages to the pending summary judgment motion by Rome Memorial Hospital, Inc., Greater Rome Affiliates, Inc.Signed by Judge David N. Hurd on 6/21/2004. (see)
June 18, 2004 Filing 144 Letter from William Kopit for Rome Ambulatory Surgery Center, LLC requesting consenting to defendants' request to exceed page limit in its reply brief to plaintiff's opposition brief. (Kopit, William)
June 18, 2004 Filing 143 Letter from Thomas C. Buckel, Jr. for Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc. requesting page extension to defendants' reply brief. (Buckel, Thomas)
June 15, 2004 Filing 142 SEALED AFFIDAVIT of Darlene Burns in Opposition to pltfs. #111 MOTION for Summary Judgment filed by Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc. Attached Exhibits A-D. (kcl, ) (Additional attachment(s) added on 2/8/2018: #1 Sealed Exhibit A, #2 Sealed Exhibit B, #3 Sealed Exhibit C, #4 Sealed Exhibit D) (see, ).
June 15, 2004 Filing 141 SEALED RESPONSE to pltfs. STATEMENT OF MATERIAL FACTS re #111 MOTION for Summary Judgment filed by Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc. Attached Exhibits. (kcl, ) (Additional attachment(s) added on 2/8/2018: #1 Sealed Exhibit A, #2 Sealed Exhibit B, #3 Sealed Exhibit C, #4 Sealed Exhibit D, #5 Sealed Exhibit E, #6 Sealed Exhibit F, #7 Sealed Exhibit G, #8 Sealed Exhibit H) (see, ).
June 15, 2004 Filing 140 SEALED RESPONSE in Opposition to plaintiff's #111 MOTION for Summary Judgment, and in further support of the #112 MOTION for Summary Judgment filed by Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc.. (kcl, ) UNSEALED BY #180 ORDER: Additional attachment(s) added on 1/24/2005 (cbm, ). Modified on 1/24/2005 (cbm, ).
June 15, 2004 Filing 139 SEALED MEMORANDUM OF LAW in Opposition to the #112 MOTION for Summary Judgment filed by William Kopit, Esq. for Rome Ambulatory Surgery Center, LLC. (kcl, ) UNSEALED BY #180 ORDER: Additional attachment(s) added on 1/24/2005 (cbm, ). Modified on 1/24/2005 (cbm, ).
June 15, 2004 Filing 138 SEALED DECLARATIONS AND EXHIBITS (Volume 1 of 1) in support of pltf's memorandum in opposition to defts' motion for summary judgment.(cbm, ) (Additional attachment(s) added on 2/13/2018: #1 Sealed Exhibit A, #2 Sealed Exhibit B, #3 Sealed Exhibit C, #4 Sealed Exhibit D, #5 Sealed Exhibit E, #6 Sealed Exhibit F) (see, ). (Additional attachment(s) added on 2/14/2018: #7 Sealed Exhibit G, #8 Sealed Exhibit H, #9 Sealed Exhibit I, #10 Sealed Exhibit J, #11 Sealed Exhibit K, #12 Sealed Exhibit L, #13 Sealed Exhibit M, #14 Sealed Exhibit N, #15 Sealed Exhibit O, #16 Sealed Exhibit P) (see, ). (Additional attachment(s) added on 2/14/2018: #17 Saled Exhibit Q, #18 Sealed Exhibit R, #19 Saled Exhibit S, #20 Sealed Exhibit T) (see, ).
June 15, 2004 Filing 137 SEALED EXHIBITS (Volume 5 of 5) in support of pltf's statement in opposition to defts' summary judgment motion.(cbm, ) (Additional attachment(s) added on 2/12/2018: #1 Sealed Exhibit 46, #2 Sealed Exhibit 47, #3 Sealed Exhibit 48, #4 Sealed Exhibit 49, #5 Sealed Exhibit 50) (see, ). (Additional attachment(s) added on 2/12/2018: #6 Sealed Exhibit 51, #7 Sealed Exhibit 52) (see, ). (Additional attachment(s) added on 2/12/2018: #8 Sealed Exhibit 53, #9 Sealed Exhibit 54, #10 Sealed Exhibit 55, #11 Sealed Exhibit 56, #12 Sealed Exhibit 57) (see, ). (Additional attachment(s) added on 2/13/2018: #13 Sealed Exhibit 58, #14 Sealed Exhibit 59, #15 Sealed Exhibit 60, #16 Sealed Exhibit 61, #17 Sealed Exhibit 62, #18 Sealed Exhibit 63, #19 Sealed Exhibit 64, #20 Sealed Exhibit 65, #21 Sealed Exhibit 66) (see, ).
June 15, 2004 Filing 136 SEALED EXHIBITS (Volumes 3 and 4 of 5) submitted in support of pltf's statement in opposition to defts' summary judgment motion. (cbm, ) (Additional attachment(s) added on 1/26/2018: #1 Exhibit(s) 21, #2 Exhibit(s) 22, #3 Exhibit(s) 23, #4 Exhibit(s) 24, #5 Exhibit(s) 25, #6 Exhibit(s) 26, #7 Exhibit(s) 27, #8 Exhibit(s) 28) (see, ). (Additional attachment(s) added on 1/30/2018: #9 Sealed Exhibits Volume 4 of 5, #10 Sealed Exhibit 29, #11 Sealed Exhibit 30, #12 Sealed Exhibit 31, #13 Sealed Exhibit 32, #14 Sealed Exhibit 33) (see, ). (Additional attachment(s) added on 1/30/2018: #15 Sealed Exhibit 34, #16 Sealed Exhibit 35, #17 Sealed Exhibit 36, #18 Sealed Exhibit 37, #19 Sealed Exhibit 38, #20 Sealed Exhibit 39) (see, ). (Additional attachment(s) added on 1/30/2018: #21 Sealed Exhibit 40, #22 Sealed Exhibit 41, #23 Sealed Exhibit 42, #24 Sealed Exhibit 43, #25 Sealed Exhibit 44, #26 Sealed Exhibit 45) (see, ).
June 15, 2004 Filing 135 SEALED EXHIBITS (Volumes 1 and 2 of 5) submitted in support of pltf's statement in opposition to defts' summary judgment motion.(cbm, ) (Additional attachment(s) added on 12/20/2017: #1 Sealed Exhibit 1) (see, ). (Additional attachment(s) added on 12/21/2017: #2 Sealed Exhibit 2, #3 Sealed Exhibit 3) (see, ). (Additional attachment(s) added on 12/21/2017: #4 Sealed Exhibit 4, #5 Sealed Exhibit 5, #6 Sealed Exhibit 6) (see, ). (Additional attachment(s) added on 12/21/2017: #7 Sealed Exhibit 7, #8 Sealed Exhibit 8) (see, ). (Additional attachment(s) added on 12/21/2017: #9 Sealed Volume 2 of 5, #10 Sealed Exhibit 9) (see, ). (Additional attachment(s) added on 12/22/2017: #11 Sealed Exhibit 10) (see, ). (Additional attachment(s) added on 12/22/2017: #12 Sealed Exhibit 11, #13 Sealed Exhibit 12, #14 Sealed Exhibit 13) (see, ). (Additional attachment(s) added on 12/22/2017: #15 Sealed Exhibit 14) (see, ). (Additional attachment(s) added on 1/4/2018: #16 Sealed Exhibit 15) (see, ). (Additional attachment(s) added on 1/4/2018: #17 Sealed Exhibit 16, #18 Sealed Exhibit 17, #19 Sealed Exhibit 18, #20 Sealed Exhibit 19, #21 Sealed Exhibit 20) (see, ).
June 15, 2004 Filing 134 SEALED DOCUMENT - Pltfs' STATEMENT OF MATERIAL FACTS in opposition to defts' #112 MOTION for Summary Judgment . (cbm, ) (see, ).
June 15, 2004 Filing 133 Letter from William Kopit, Esq. for pltf, enclosing sealed documents submitted in opposition to defts' summary judgment motion. (cbm, )
June 7, 2004 Opinion or Order Filing 132 ENDORSEMENT ORDER as to the #131 Letter Request filed by William Kopit, Esq for Rome Ambulatory Surgery Center, LLC.Signed by Judge David N. Hurd on 6/7/2004. (see)
June 4, 2004 Filing 131 Letter from William Kopit for Rome Ambulatory Surgery Center, LLC requesting Order granting plaintiff extension of page limit for their opposition to amicus brief and defendants' memorandum in support of summary judgment. (Kopit, William)
May 20, 2004 Opinion or Order Filing 130 Letter request dd 5/18/2004 by Thomas Buckel, Jr., Esq for the defts, requesting to extend the opposition to the pending motions to 6/15/2004 and the reply papers deadline to 7/1/2004; So ORDERED. Signed by Judge David N. Hurd on 5/20/2003. (see)
May 19, 2004 Filing 129 ERRATA to MEMORANDUM OF LAW and Material Facts, re #111 Motion for Summary Judgment filed by Rome Ambulatory Surgery Center, LLC. (**Filed under SEAL pursuant to revised Protective Order of 10/24/2002-Document maintained in the Clerk's Office, NOT for public view.) (see) (Additional attachment(s) added on 12/20/2017: #1 Sealed Exhibit 1, #2 Sealed Exhibit 2, #3 Sealed Exhibit 3) (see, ).
May 18, 2004 Filing 128 Letter from Thomas C. Buckel, Jr. for Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc. requesting extension to opposition papers and reply papers deadlines re: summary judgment motion. (Buckel, Thomas)
May 14, 2004 Filing 127 Amicus Curiae APPEARANCE entered by Alissa M. Yohey on behalf of Healthcare Association of New York State. (Attachments: #1 #2 #3)(Yohey, Alissa)
May 5, 2004 CLERK'S CORRECTION OF DOCKET ENTRY re #126 Exhibits to Affidavits of Darlene A. Burns and Basil J. Ariglio, deleted from text "Volume 1" as to the Exhibits and entered in docket text "Exhibits 1-109". Exhibits do not need to be entered seperately, since the exhibits belong to the two individuals above and are numbered consecutively. (see)
April 30, 2004 Filing 126 EXHIBITS to AFFIDAVITS of Darlene A. Burns and Basil J. Ariglio, Exhibits 1-109, re: #112 MOTION for Summary Judgment filed by Greater Rome Affiliates, Inc., and Rome Memorial Hospital, Inc. (Filed uder SEAL pursuant to revised protective order of 10/24/2002) (see) Modified on 5/5/2004 (see, ). (Additional attachment(s) added on 1/31/2018: #1 Sealed Exhibit 1, #2 Sealed Exhibit 2, #3 Sealed Exhibit 3) (see, ). (Additional attachment(s) added on 1/31/2018: #4 Sealed Exhibit 4, #5 Sealed Exhibit 5, #6 Sealed Exhibit 6, #7 Sealed Exhibit 7, #8 Sealed Exhibit 8) (see, ). (Additional attachment(s) added on 1/31/2018: #9 Sealed Exhibit 9, #10 Sealed Exhibit 10, #11 Sealed Exhibit 11, #12 Sealed Exhibit 12) (see, ). (Additional attachment(s) added on 2/21/2018: #13 Sealed Exhibit 13, #14 Sealed Exhibit 14, #15 Sealed Exhibit 15, #16 Sealed Exhibit 16, #17 Sealed Exhibit 17, #18 Sealed Exhibit 18, #19 Sealed Exhibit 19, #20 Sealed Exhibit 20, #21 Sealed Exhibit 21, #22 Sealed Exhibit 22) (see, ). (Additional attachment(s) added on 2/21/2018: #23 Sealed Exhibit 23 (part 1), #24 Sealed Exhibit 23 (part 2), #25 Sealed Exhibit 23 (part 3), #26 Sealed Exhibit 24, #27 Sealed Exhibit 25) (see, ). (Additional attachment(s) added on 2/22/2018: #28 Sealed Exhibit 26, #29 Sealed Exhibit 27, #30 Sealed Exhibit 28, #31 Sealed Exhibit 29, #32 Sealed Exhibit 30, #33 Sealed Exhibit 31, #34 Sealed Exhibit 32, #35 Sealed Exhibit 33, #36 Sealed Exhibit 34) (see, ). (Additional attachment(s) added on 2/22/2018: #37 Sealed Exhibit 35, #38 Sealed Exhibit 36, #39 Sealed Exhibit 37, #40 Sealed Exhibit 38, #41 Sealed Exhibit 39) (see, ). (Additional attachment(s) added on 2/22/2018: #42 Sealed Exhibit 40) (see, ). (Additional attachment(s) added on 2/22/2018: #43 Sealed Exhibit 40 (part 2)) (see, ). (Additional attachment(s) added on 2/22/2018: #44 Sealed Exhibit 41, #45 Sealed Exhibit 42, #46 Sealed Exhibit 43, #47 Sealed Exhibit 44, #48 Sealed Exhibit 45, #49 Sealed Exhibit 46, #50 Sealed Exhibit 47) (see, ). (Additional attachment(s) added on 2/22/2018: #51 Sealed Exhibit 48, #52 Sealed Exhibit 49, #53 Sealed Exhibit 50, #54 Sealed Exhibit 51, #55 Sealed Exhibit 52, #56 Sealed Exhibit 53, #57 Sealed Exhibit 54, #58 Sealed Exhibit 55, #59 Sealed Exhibit 56, #60 Sealed Exhibit 57) (see, ). (Additional attachment(s) added on 2/22/2018: #61 Sealed Exhibit 58, #62 Sealed Exhibit 59, #63 Sealed Exhibit 60, #64 Sealed Exhibit 61, #65 Sealed Exhibit 62, #66 Sealed Exhibit 63, #67 Sealed Exhibit 64, #68 Sealed Exhibit 65, #69 Sealed Exhibit 66, #70 Sealed Exhibit 67, #71 Sealed Exhibit 68) (see, ). (Additional attachment(s) added on 2/23/2018: #72 Sealed Exhibit 69, #73 Sealed Exhibit 70, #74 Sealed Exhibit 71, #75 Sealed Exhibit 72, #76 Sealed Exhibit 73, #77 Sealed Exhibit 74, #78 Sealed Exhibit 75, #79 Sealed Exhibit 76, #80 Sealed Exhibit 77, #81 Sealed Exhibit 78, #82 Sealed Exhibit 79, #83 Sealed Exhibit 80) (see, ). (Additional attachment(s) added on 2/23/2018: #84 Sealed Exhibit 81, #85 Sealed Exhibit 82, #86 Sealed Exhibit 83, #87 Sealed Exhibit 84, #88 Sealed Exhibit 85, #89 Sealed Exhibit 86, #90 Sealed Exhibit 87, #91 Sealed Exhibit 88, #92 Sealed Exhibit 89, #93 Sealed Exhibit 90, #94 Sealed Exhibit 91, #95 Sealed Exhibit 92) (see, ). (Additional attachment(s) added on 2/27/2018: #96 Sealed Exhibit 93, #97 Sealed Exhibit 94, #98 Sealed Exhibit 95, #99 Sealed Exhibit 96, #100 Sealed Exhibit 97, #101 Sealed Exhibit 98, #102 Sealed Exhibit 99) (see, ). (Additional attachment(s) added on 6/7/2018: #103 Sealed Exhibit 100, #104 Sealed Exhibit 101, #105 Sealed Exhibit 102, #106 Sealed Exhibit 103, #107 Sealed Exhibit 104, #108 Sealed Exhibit 105, #109 Sealed Exhibit 106, #110 Sealed Exhibit 107) (see, ). (Additional attachment(s) added on 6/7/2018: #111 Sealed Exhibit 108, part 1, #112 Sealed Exhibit 108, part 2) (see, ). (Additional attachment(s) added on 6/7/2018: #113 Sealed Exhibit 109, part 1, #114 Sealed Exhibit 109, part 2, #115 Sealed Exhibit 109, part 3) (see, ). (Additional attachment(s) added on 6/12/2018: #116 Sealed Exhibit 109, part 4, #117 Sealed Exhibit 109, part 5) (see, ).
April 30, 2004 Filing 125 AFFIDAVIT of Darlene A. Burns in Support of the #112 MOTION for Summary Judgment filed by Greater Rome Affiliates, Inc., and Rome Memorial Hospital, Inc. (Filed under SEAL pursuant to revised protective order of 10/24/2002) (see) (see, ).
April 30, 2004 Filing 124 AFFIDAVIT of Basil J. Ariglio in Support of the #112 MOTION for Summary Judgment filed by Greater Rome Affiliates, Inc., and Rome Memorial Hospital, Inc. (Filed under SEAL pursuant to revised protective order of 10/24/2002) (see) (see, ).
April 30, 2004 Filing 123 AFFIDAVITS of Physicians in Support of the #112 MOTION for Summary Judgment filed by Greater Rome Affiliates, Inc., and Rome Memorial Hospital, Inc. (Filed under SEAL pursuant to revised protective order of 10/24/2002) (see) (Additional attachment(s) added on 1/31/2018: #1 Sealed Affidavit, #2 Sealed Affidavit, #3 Sealed Affidavit, #4 Sealed Affidavit, #5 Sealed Affidavit, #6 Sealed Affidavit, #7 Sealed Affidavit) (see, ).
April 30, 2004 Filing 122 Declaration of William J. Lynk in Support of the #112 MOTION for Summary Judgment filed by Greater Rome Affiliates, Inc., and Rome Memorial Hospital, Inc. (Filed under SEAL pursuant to revised protective order of 10/24/2002) (see) (Additional attachment(s) added on 1/24/2018: #1 part 2, #2 part 3) (see, ).
April 30, 2004 Filing 121 Declaration of Thomas H. Dennison in Support of the #112 MOTION for Summary Judgment filed by Greater Rome Affiliates, Inc., and Rome Memorial Hospital, Inc. (Filed under SEAL pursuant to revised protective order of 10/24/2002) (see) (Additional attachment(s) added on 1/24/2018: #1 Sealed Exhibit 1, #2 Sealed Exhibit 2, #3 Sealed Exhibit 3, #4 Sealed Exhibit 4) (see, ).
April 30, 2004 Filing 120 Declaration of Thomas C. Buckel, Jr., Esq in Support of the #112 MOTION for Summary Judgment filed by Greater Rome Affiliates, Inc. and Rome Memorial Hospital, Inc. (Filed under SEAL pursuant to revised protective order of 10/24/2002) (see) (Additional attachment(s) added on 1/24/2018: #2 Sealed Exhibit 1, #3 Sealed Exhibit 2, #4 Sealed Exhibit 3 (part 1), #5 Sealed Exhibit 3 (part 2), #6 Sealed Exhibit 4, #7 Sealed Exhibit 5, #8 Sealed Exhibit 6) (see, ).
April 30, 2004 Filing 119 STATEMENT OF MATERIAL FACTS re #112 MOTION for Summary Judgment filed by Greater Rome Affiliates, Inc. and Rome Memorial Hospital, Inc. (Filed under SEAL pursuant to revised protective order of 10/24/2002) (see) (see, ).
April 30, 2004 Filing 118 MEMORANDUM OF LAW in Support of the #112 Motion for Summary Judgment, filed by Greater Rome Affiliates, Inc. and Rome Memorial Hospital, Inc. (Filed under SEAL pursuant to revised protective order of 10/24/2002) (see) UNSEALED BY #180 ORDER: Additional attachment(s) added on 1/24/2005 (cbm, ). Modified on 1/24/2005 (cbm, ).
April 30, 2004 Filing 117 Exhibits to pltf's STATEMENT OF MATERIAL FACTS, Volume 5, re #111 MOTION for Summary Judgment filed by Rome Ambulatory Surgery Center, LLC. (Filed under seal pursuant to revised protective order of 10/24/02) (cbm, ) (Additional attachment(s) added on 1/31/2018: #1 Sealed Exhibit 127, part 1, #2 Sealed Exhibit 127, part 2, #3 Sealed Exhibit 128, #4 Sealed Exhibit 129, #5 Sealed Exhibit 130) (see, ). (Additional attachment(s) added on 1/31/2018: #6 Sealed Exhibit 131, #7 Sealed Exhibit 132, #8 Sealed Exhibit 133, #9 Sealed Exhibit 134, #10 Sealed Exhibit 135, #11 Sealed Exhibit 136, #12 Sealed Exhibit 137, #13 Sealed Exhibit 138, #14 Sealed Exhibit 139, #15 Sealed Exhibit 140) (see, ). (Additional attachment(s) added on 1/31/2018: #16 Sealed Exhibit 141, #17 Sealed Exhibit 142) (see, ).
April 30, 2004 Filing 116 Exhibits to pltf's STATEMENT OF MATERIAL FACTS, Volumes 3 and 4, re #111 MOTION for Summary Judgment filed by Rome Ambulatory Surgery Center, LLC. **Missing Exhibit 116 (only contains exhibit marker). (Filed under seal pursuant to revised protective order of 10/24/02) (cbm, ) (Additional attachment(s) added on 2/20/2018: #1 Sealed Exhibit 40, #2 Sealed Exhibit 41, #3 Sealed Exhibit 42, #4 Sealed Exhibit 43, #5 Sealed Exhibit 44, #6 Sealed Exhibit 45, #7 Sealed Exhibit 46, #8 Sealed Exhibit 47, #9 Sealed Exhibit 48, #10 Sealed Exhibit 49, #11 Sealed Exhibit 50) (see, ). (Additional attachment(s) added on 2/20/2018: #12 Sealed Exhibit 51, #13 Sealed Exhibit 52, #14 Sealed Exhibit 53, #15 Sealed Exhibit 54, #16 Sealed Exhibit 55, #17 Sealed Exhibit 56, #18 Sealed Exhibit 57, #19 Sealed Exhibit 58, #20 Sealed Exhibit 59, #21 Sealed Exhibit 60, #22 Sealed Exhibit 61, #23 Sealed Exhibit 62) (see, ). (Additional attachment(s) added on 2/20/2018: #24 Sealed Exhibit 63, #25 Sealed Exhibit 64, #26 Sealed Exhibit 65, #27 Sealed Exhibit 66) (see, ). (Additional attachment(s) added on 2/21/2018: #28 Sealed Exhibit 67, #29 Sealed Exhibit 68, #30 Sealed Exhibit 69, #31 Sealed Exhibit 70, #32 Sealed Exhibit 71, #33 Sealed Exhibit 72, #34 Sealed Exhibit 73, #35 Sealed Exhibit 74) (see, ). (Additional attachment(s) added on 2/21/2018: #36 Sealed Exhibit 75, #37 Sealed Exhibit 76, #38 Sealed Exhibit 77, #39 Sealed Exhibit 78, #40 Sealed Exhibit 79, #41 Sealed Exhibit 80, #42 Sealed Exhibit 81, #43 Sealed Exhibit 82, #44 Sealed Exhibit 83, #45 Sealed Exhibit 84) (see, ). (Additional attachment(s) added on 2/21/2018: #46 Sealed Exhibit 85, #47 Sealed Exhibit 86, #48 Sealed Exhibit 87, #49 Sealed Exhibit 88, #50 Sealed Exhibit 89, #51 Sealed Exhibit 90, #52 Sealed Exhibit 91, #53 Sealed Exhibit 92, #54 Sealed Exhibit 93, #55 Sealed Exhibit 94, #56 Sealed Exhibit 95, #57 Sealed Exhibit 96) (see, ). (Additional attachment(s) added on 2/21/2018: #58 Sealed Exhibit 97, #59 Sealed Exhibit 98, #60 Sealed Exhibit 99, #61 Sealed Exhibit 100) (see, ). (Additional attachment(s) added on 2/21/2018: #62 Sealed Volume 4 of 5 marker, #63 Sealed Exhibit 101, #64 Sealed Exhibit 102, #65 Sealed Exhibit 103, #66 Sealed Exhibit 104) (see, ). (Additional attachment(s) added on 2/21/2018: #67 Sealed Exhibit 105, #68 Sealed Exhibit 106, #69 Sealed Exhibit 107, #70 Sealed Exhibit 108, #71 Sealed Exhibit 109, #72 Sealed Exhibit 110, #73 Sealed Exhibit 111, #74 Sealed Exhibit 112, #75 Sealed Exhibit 113, #76 Sealed Exhibit 114, #77 Sealed Exhibit 115) (see, ). (Additional attachment(s) added on 2/21/2018: #78 Sealed Exhibit 117, #79 Sealed Exhibit 118, #80 Sealed Exhibit 119, #81 Sealed Exhibit 120, #82 Sealed Exhibit 121, #83 Sealed Exhibit 122, #84 Sealed Exhibit 123, #85 Sealed Exhibit 124, #86 Sealed Exhibit 125, #87 Sealed Exhibit 126) (see, ).
April 30, 2004 Filing 115 Exhibit to pltf's STATEMENT OF MATERIAL FACTS, Volumes 1 and 2, re #111 MOTION for Summary Judgment filed by Rome Ambulatory Surgery Center, LLC. (Filed under seal pursuant to revised protective order of 10/24/02) (cbm, ) (Additional attachment(s) added on 2/6/2018: #1 Sealed Exhibit 1, #2 Sealed Exhibit 2, #3 Sealed Exhibit 3, #4 Sealed Exhibit 4, #5 Sealed Exhibit 5, #6 Sealed Exhibit 6, #7 Sealed Exhibit 7, #8 Sealed Exhibit 8, #9 Sealed Exhibit 9, #10 Sealed Exhibit 10, #11 Sealed Exhibit 11, #12 Sealed Exhibit 12) (see, ). (Additional attachment(s) added on 2/6/2018: #13 Sealed Exhibit 13, #14 Sealed Exhibit 14, #15 Sealed Exhibit 15, #16 Sealed Exhibit 16, #17 Sealed Exhibit 17, #18 Sealed Exhibit 18, #19 Sealed Exhibit 19, #20 Sealed Exhibit 20) (see, ). (Additional attachment(s) added on 2/6/2018: #21 Sealed Exhibit 21, #22 Sealed Exhibit 22, #23 Sealed Exhibit 23, #24 Sealed Exhibit 24, #25 Sealed Exhibit 25, #26 Sealed Exhibit 26, #27 Sealed Exhibit 27) (see, ). (Additional attachment(s) added on 2/8/2018: #28 Sealed Exhibits Volume 2 of 5, #29 Sealed Exhibit 28 (part 1), #30 Sealed Exhibit 28 (part 2)) (see, ). (Additional attachment(s) added on 2/8/2018: #31 Sealed Exhibit 29, #32 Sealed Exhibit 30, #33 Sealed Exhibit 31, #34 Sealed Exhibit 32, #35 Sealed Exhibit 33, #36 Sealed Exhibit 34, #37 Sealed Exhibit 35, #38 Sealed Exhibit 36) (see, ). (Additional attachment(s) added on 2/8/2018: #39 Sealed Exhibit 37, #40 Sealed Exhibit 38, #41 Sealed Exhibit 39) (see, ).
April 30, 2004 Filing 114 STATEMENT OF MATERIAL FACTS re #111 MOTION for Summary Judgment filed by Rome Ambulatory Surgery Center, LLC. (Filed under seal pursuant to revised protective order of 10/24/02) (cbm, )
April 30, 2004 Filing 113 MEMORANDUM OF LAW re #111 Motion for Summary Judgment filed by Rome Ambulatory Surgery Center, LLC. (Filed under seal pursuant to revised protective order of 10/24/02) (cbm, ) UNSEALED BY #180 ORDER: Additional attachment(s) added on 1/24/2005 (cbm, ). Modified on 1/24/2005 (cbm, ).
April 30, 2004 Filing 112 MOTION for Summary Judgment Motion Hearing set for 8/13/2004 09:30 AM in Utica before Judge David N. Hurd. Response to Motion due by 7/27/2004 Reply to Response to Motion due by 8/2/2004. by Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc..(Buckel, Thomas)
April 30, 2004 Set/Reset Deadlines as to #111 and #112 MOTIONS for Summary Judgment. Response to Motion due by 6/1/2004, Reply to Response to Motion due by 6/15/2004. Motion Hearing set for 8/13/2004 at 10:00 AM in Utica before Judge David N. Hurd. (cbm, )
April 29, 2004 Filing 111 MOTION for Summary Judgment by Rome Ambulatory Surgery Center, LLC.(Kopit, William)
April 29, 2004 Filing 110 NOTICE by Rome Ambulatory Surgery Center, LLC of Filing of Motion for Summary Judgment (Kopit, William)
April 27, 2004 Served Atty Weisberg, via mail, w/a copy of the #109 letter request. (see)
April 26, 2004 Opinion or Order Filing 109 Letter request dd 4/19/2004 by Michael Weisberg, Esq for the Healthcare Association of New York State, Inc., requesting permission to file an amicus curiae brief w/respect to the summary judgment motions that are due to be filed no later tha 4/30/2004; So ORDERED. Hanys may file a brief. Such brief must be filed on or before 5/15/2004. Signed by Judge David N. Hurd on 4/26/2004. (see, )
April 23, 2004 Filing 108 Letter from Thomas C. Buckel, Jr. for Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc. requesting supporting HANYS' request to file an amicus brief. (Buckel, Thomas)
April 22, 2004 Filing 107 Letter for Rome Ambulatory Surgery Center, LLC objecting to timing of the HANYS amicus brief. (Kopit, William) Modified on 4/23/2004, at the request of the secretary Atty Kopit, removed "request" from docket text. (see)
April 8, 2004 Opinion or Order Filing 106 ORDER granting defts' #104 Letter Request. Summary judgment Motions to be filed by 4/30/2004, opposition papers to be filed by 6/1/04, reply papers by 6/15/04, returnable 8/13/04. Signed by Judge David N. Hurd on 4/7/04. (cbm, )
April 6, 2004 Filing 105 CERTIFICATE OF SERVICE by Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc. re: letter request to change required filing timetable of summary judgment motions (Buckel, Thomas)
April 6, 2004 Filing 104 Letter from Thomas C. Buckel, Jr. for Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc. requesting permission to change required filing timetable of summary judgment motions. (Buckel, Thomas)
April 5, 2004 Opinion or Order Filing 103 ORDER endorsing #102 request by pltf's attorney for permission to file exhibits and sealed documents conventionally, as well as for permission to file briefs in excess of 25 pages. Signed by Judge David N. Hurd on 4/5/04. (cbm, )
April 1, 2004 Filing 102 Letter for Rome Ambulatory Surgery Center, LLC requesting Order granting permission to file confidential exhibits to motion for summary judgment by conventional means. (Kopit, William)
March 26, 2004 Opinion or Order Filing 101 Defts' request to file exhibits in support of summary judgment motion in the conventional manner; SO ORDERED by Judge David N. Hurd on 3/25/04. (cbm, )
March 26, 2004 Opinion or Order Filing 100 Defts' request for permission to exceed 25-page limit for memo of law; SO ORDERED by Judge David N. Hurd on 3/25/04. (cbm, )
March 24, 2004 Filing 99 Letter from Thomas C. Buckel, Jr. for Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc. requesting permission to file exhibits conventionally instead of electronically due to volume and confidential nature. (Attachments: #1 Certificate of Service)(Buckel, Thomas)
March 24, 2004 Filing 98 Letter from Thomas C. Buckel, Jr. for Greater Rome Affiliates, Inc., Rome Memorial Hospital, Inc. requesting Page limit extension for memorandum of law in support of summary judgment motion. (Attachments: #1 Certificate of Service)(Buckel, Thomas)
March 11, 2004 Opinion or Order Filing 97 LETTER/REQUEST AND ORDER; Letter addressed to MJ DiBianco from William Kopit, Esq.; Counsel requests an extension of time to 3/19/04 to file rebuttal material if needed . Signed by Judge Gustave J. DiBianco on 3/11/04. (kcl, )
January 13, 2004 Filing 96 Minute Entry of Telephone conference held before Judge Gustave J. DiBianco; 2/12/04 is new deadline for expert reports, 3/11/04 is deadline for expert rebuttal reports, 4/16/04 is new deadline for dispositive motion filing; Telephone Conference held on 1/13/2004. (kcl, )
January 13, 2004 Set Deadlines/Hearings: Motions to be filed by 4/16/2004. (kcl, )
January 10, 2004 Opinion or Order Filing 95 REVISED SCHEDULING ORDER; It is ordered that defts. expert reports shall be served by 2/12/04; Pltfs rebuttal expert reports shall be served by 3/11/04; Dispositive motion filing deadline is 4/16/2004.. Signed by Judge Gustave J. DiBianco on 1/10/04. (kcl, )
December 15, 2003 Filing 94 TRANSCRIPT of DISCOVERY CONFERENCE; Proceedings held on 10/30/03 before Judge Gustave J. DiBianco. (kcl, )
December 1, 2003 Filing 93 TRANSCRIPT of Discovery Hearing before MJ DiBianco filed for dates of 7/17/03 (kcl) (see, ).
November 21, 2003 Deadline updated; reset Motion Filing deadline to 2/28/04 (kmg)
November 4, 2003 Filing 92 Minute entry: IN PERSON DISCOVERY CONFERENCE HELD WITH MAG. GUSTAVE J. DI BIANCO. TAPE: #1452 APPEARANCES: William G. Kopit, Esq. for Plaintiff; Thomas C. Buckel, Jr., Esq. for Defts. RULINGS: Discovery conference held; order issued. (kmg) Additional attachment(s) added on 12/24/2003 (kcl, ).
October 30, 2003 Opinion or Order Filing 91 REVISED SCHEDULING ORDER: ORDERED 1. All fact discovery shall be completed by 11/17/03; 2. Plaintiff's Expert Reports shall be served on or before 12/15/03; 3. Defendants' Expert Reports shall be served on or before 1/15/04; 4. Dispositive motoins deadline - 2/28/03. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 10/30/03 (kmg) Additional attachment(s) added on 12/24/2003 (kcl, ).
October 27, 2003 Opinion or Order Filing 90 LETTER/REQUEST dated 10/15/03 and ORDER; Letter addressed to MJ DiBianco confirming the following: that pltf. will be permitted to re-convene the deposition of Basil Ariglio; Pltf will be permitted to take depositions of two employees of deft. Rome Memorial Hospital, M. Snyderman and N. Mayhew; LAstly, pltf. will be permitted to take the deposition of one Physician, to be selected at the election of pltf. from among the physicians previously subpoenaed by pltf.; All depositions will be completed by 10/31/03 and p[arties will make themselves available for an in-person conference in the afternoon of 10/30 or 10/31; So Ordered ( signed by Magistrate Judge Gustave J. DiBianco 10/16/03 ) (kcl)
October 27, 2003 Filing 89 Minute entry of telephone conference before MJ DiBianco; App: William Kopit, Esq. for pltf., Thomas Buckel, Esq. for deft.; Discovery confernece held; Order to be submitted w/ various rulings on discovery; In person confernece to be held at the end of October 2003; (kcl)
October 23, 2003 Opinion or Order Filing 88 LETTER/REQUEST dated 10/15/03 and ORDER; Letter addressed to MJ DiBianco from William Kopit, Esq.; Counsel advises that Mr. Buckel would prefer that the Discovery confernece be set for 10/30/03; So Ordered set Discovery Hearing for 3:00 10/30/03 ( signed by Magistrate Judge Gustave J. DiBianco 10/23/03 ) (kcl)
September 30, 2003 Filing 87 ANSWER by Thomas Buckel, Esq. for defts. Rome Memorial, Greater Rome to second amended complaint (kcl) Additional attachment(s) added on 10/12/2004 (see, ).
September 8, 2003 Filing 86 SECOND AMENDED COMPLAINT by William Kopit, Esq. for Rome Ambulatory , Service deadline 11/7/03 for Greater Rome, for Rome Memorial, amends first amended complaint (kcl) Additional attachment(s) added on 10/26/2004 (see, ).
August 28, 2003 Opinion or Order Filing 85 ORDER denying and dismissing pltf's [75-1] motion for an appeal from Judge DiBianco's [70-1] order. (signed by Judge David N. Hurd) (see)
August 22, 2003 Filing 84 Minute entry for 8/22/03 motion calendar: pltf's objections to Judge DiBianco's 7/1/03 order TAKEN ON SUBMIT. (cbm)
August 20, 2003 Filing 83 SEALED DOCUMENT. (rep. mem.) (see) Modified on 08/21/2003 (Additional attachment(s) added on 2/16/2018: #1 Sealed Exhibit A, #2 Sealed Exhibit 1, #3 Sealed Exhibit B, #4 Sealed Exhibit C, #5 Sealed Exhibit D, #6 Sealed Exhibit E) (see, ).
August 19, 2003 Opinion or Order Filing 82 SEALED DOCUMENT. (Order Signed by Judge Hurd) (see) (see, ).
August 11, 2003 Filing 81 AFFIDAVIT of Thomas Buckel, Esq. for defts. Rome Memorial, Greater Rome, Rome Medical Group Re: opposition to pltfs. [75-1] motion of Judge DiBianco's [70-1] order; Attached Exhibit A (kcl) Additional attachment(s) added on 10/12/2004 (see, ).
August 11, 2003 Filing 80 MEMORANDUM OF LAW by Thomas Buckel, Esq. for defts. Rome Memorial, Greater Rome, Rome Medical Group in opposition to [75-1] motion from Judge DiBianco's [70-1] order (kcl) Additional attachment(s) added on 10/12/2004 (see, ).
August 7, 2003 Opinion or Order Filing 79 Letter REQUEST dd 8/7/03 and ORDER by Thomas Buckel, Jr., Esq for defts Rome Memorial Hospital, Inc and Greater Rome Affiliates, Inc, requesting an extension of the Response to the Motion to 8/11/03, for the [75-1] motion from Judge DiBianco's [70-1] order ; So Ordered. (signed by Judge David N. Hurd) (see)
July 21, 2003 Filing 78 SEALED Exhibit list by William Kopit, Esq. for pltf. Rome Ambulatory in support of the [75-1] sealed motion; Attached Exhibits A-O (kcl) (Additional attachment(s) added on 2/16/2018: #1 Sealed Exhibit B, #2 Sealed Exhibit C, #3 Sealed Exhibit D, #4 Sealed Exhibit E, #5 Sealed Exhibit F, #6 Sealed Exhibit G, #7 Sealed Exhibit H) (see, ). (Additional attachment(s) added on 2/16/2018: #8 Sealed Exhibit I, #9 Sealed Exhibit J, #10 Sealed Exhibit K, #11 Sealed Exhibit L, #12 Sealed Exhibit M, #13 Sealed Exhibit N, #14 Sealed Exhibit O) (see, ).
July 21, 2003 Filing 77 SEALED AFFIDAVIT of William Kopit, Esq. for pltf. Rome Ambulatory Re: support of the [75-1] motion for Reconsideration of [70-1] order (kcl) (see, ).
July 21, 2003 Filing 76 SEALED MEMORANDUM LAW by William Kopit, Esq. for pltf. Rome Ambulatory in support of [75-1] motion for Reconsideration of [70-1] order (kcl) (see, ).
July 21, 2003 Filing 75 Pltf's SEALED OBJECTIONS/APPEAL from Judge DiBianco's [70-1] order , w/attached declaration of William G. Kopit, Esq. and designation of the contents of the record on appeal returnable on Submit before Judge Hurd on 8/22/03, Response Deadline 8/8/03. ( Motion sealed pursuant to the 10/24/02 Protective Order of the Court ) (Docket entry edited to include attachments) (kcl) Modified on 08/28/2003 (see, ).
July 17, 2003 Filing 74 Minute entry of discovery conference; App: William Kopit, Esq. for pltf., Thomas Buckel, sq. for deft., clerk K. Gridley; Discovery hearing held; MJ DiBianco orders discovery closed 10/15/03 ; Pltfs expert reports due 11/15/03; defense expert reports due 12/15/03; Atty. Buckel directed to prepare a proposed order; Tape: 1437 (kcl)
July 17, 2003 Discovery hearing held (kcl)
July 16, 2003 Filing 73 Minute entry of telephone conference before MJ DiBianco; App: William G. Kopit, Esq. for pltf., Thomas Buckel, Esq. for deft., Clerk K. Gridley; In person Discovery conference set for 7/17/03 at 2:00 (kcl) Modified on 07/18/2003
July 16, 2003 Discovery hearing held (kcl)
July 16, 2003 Opinion or Order Filing 72 AMENDMENT TO ORDER: It is hereby ordered that the Pltfs motion to amend is granted as to the naming of "RMG" as a co-conspirator in the body of the complaint; Further, pltfs motion to amend is denied as to the proposed addition of Alvin White as a defendant; So Ordered ( signed by Magistrate Judge Gustave J. DiBianco 7/16/03 ) (kcl)
July 16, 2003 Filing 71 LETTER/NOTICE dated 7/2/03; Letter addressed to MJ DiBianco from Thomas Buckle, Esq., counsel for defts. Rome Memorial, and Greater Rome; Counsel requests clarification of the 7/1/03 Order wherein the court grants the addition of "RMG" as a defendant in this action, however pltf. merley sought to add "RMG" as an alleged co-conspirator (kcl) (see, ).
July 1, 2003 Opinion or Order Filing 70 ORDER: It is hereby ordered that Plaintiff's motion to amend the complaint is granted as to the addition of Rome Medical Group, P.C. as a defendant, and it is further ordered that Plaintiff's motion to amend is denied as to the proposed addition of Alvin White; So Ordered ( signed by Magistrate Judge Gustave J. DiBianco 7/1/03 ) (kcl)
July 1, 2003 Filing 69 LETTER/NOTICE dated 4/21/03; Letter addressed to MJ DiBianco from Thomas Buckel, Esq. for deft. Rome Memorial, Greater Rome; Counsel writes in opposition to pltfs request to add Alvin White as a defendant in this action (kcl) Additional attachment(s) added on 10/12/2004 (see, ).
July 1, 2003 Filing 68 LETTER/NOTICE dated 4/7/03; Letter addressed to MJ DiBianco from William Kopit, Esq. for pltf. Rome Ambulatory; Counsel writes in support of their request to add Alvin White as a defendant in this action (kcl) Additional attachment(s) added on 10/12/2004 (see, ).
June 3, 2003 Opinion or Order Filing 67 LETTER/REQUEST dated 5/29/03 and ORDER; Letter addressed to MJ DiBianco from William Kopit, Esq.; Counsel requests that the court reset pltfs. deadline for expert reports to 7/30/03 and that defts. experts reports be due 8/30/03; So Ordered, the motion filing deadline will be extended after a conference with the Court ( signed by Magistrate Judge Gustave J. DiBianco 6/3/03 ) (kcl)
May 6, 2003 Filing 66 TRANSCRIPT of hearing filed for the date of 3/18/03; Hearing held before MJ DiBianco; Attached Index (kcl) (Additional attachment(s) added on 8/26/2011: #1 Part 2) (see, ).
March 18, 2003 Filing 65 Minute entry: IN PERSON CONFERENCE WITH MAG. JUDGE DI BIANCO. TAPE: 1425 & 1426 TIME: 4:30 - 6:10 P.M. RULINGS: Hearing held on request by plaintiff to amend complaint. Mag. Judge DiBianco will allow plaintiff three weeks to file a five page supplemental brief and defendant must respond within two weeks. (kmg)
March 4, 2003 Filing 64 Letter response from plaintiff regarding outstanding discovery. (kmg) (see, ).
March 4, 2003 Filing 63 RESPONSE by Rome Memorial, Greater Rome in opposition to [62-1] letter of plaintiff. (kmg) (see, ).
March 4, 2003 Filing 62 Letter by Rome Ambulatory dated 1/22/03 requesting a conference call to discuss amending scheduling order and permission to file a second amended complaint. (kmg) (see, ).
March 4, 2003 Filing 61 Minute entry: TELEPHONE CONFERENCE WITH MAG. JUDGE DI BIANCO. APPEARANCES: William G. Kopit, Esq. for Plaintiff; Thomas C. Buckel, Jr., Esq. for Deft. RULINGS: Discovery conference held. (kmg) (see, ).
January 28, 2003 Opinion or Order Filing 60 OPPOSITION/REQUEST by Thomas Buckel, Esq. for Defts. dtd 1/27/03 opposing Pltf's request to amend complaint to add as Deft. Mr. White, and ORDER, permission granted to file opposition brief, deadline set to 2/7/03. (signed by Magistrate Judge Gustave J. DiBianco on 1/28/03) (lmp)
December 23, 2002 Opinion or Order Filing 59 LETTER/REQUEST dated 12/19/02 and ORDER; Letter addressed to MJ DiBianco from William Kopit, Esq.; Counsel requests that the Court reset Joinder of Parties deadline to 1/24/03 , reset Amended Pleadings deadline to 1/30/03 , filing of all dispositive motions by 10/30/03; Discovery deadline to 7/30/03; So Ordered ( signed by Magistrate Judge DiBianco 12/23/02 ) (kcl)
December 18, 2002 Filing 58 Minute entry: TELEPHONE CONFERENCE WITH MAG. JUDGE DI BIANCO. APPEARANCES: William G. Kopit, Esq. for Plaintiff; Thomas C. Buckel, Jr., Esq. for Deft. RULINGS: Atty. Kopit to forward letter with agreed dates for the court's signature. (kmg) (see, ).
December 3, 2002 Filing 57 Minute entry: TELEPHONE CONFERENCE WITH MAG. JUDGE DI BIANCO. APPEARANCES: William G. Kopit, Esq. for Plaintiff; Thomas C. Buckel, Esq. for Deft. RULINGS: Follow-up telephone conference on 12/18/02 at 3:00 P.M. (kmg) (see, ).
October 24, 2002 Opinion or Order Filing 56 Revised Protective Order on behalf of Rome Ambulatory, Rome Memorial, Greater Rome (signed by Magistrate Judge Gustave J. DiBianco on 10/24/02) (lmp)
October 21, 2002 Filing 55 TRANSCRIPT filed for conference w/MJ DiBianco regarding subpoenas issued by Pltf's attys. on dates of 9/5/02 (lmp) (cbm, ).
September 18, 2002 Filing 54 Minute entry: TELEPHONE CONFERENCE WITH MAG. JUDGE DI BIANCO. APPEARANCES: William G. Kopit, Esq. for Plaintiff; Jeffrey J. Sherrin, Esq. & Mark Thomas, Esq. for Third-Party Healthcare Association of New York State RULINGS: 1. Healthcare Association must respond to the subpoena by supplying the "data" (information) that they have - it is NOT privileged. 2. Atty. Kopit to submit order on notice. (kmg) (see, ).
September 17, 2002 Counsel for United Healthcare is Mary L. Stanislav, Esq.; 5901 Lincoln Drive, Edina, MN 55436 (kmg)
September 6, 2002 Filing 52 ANSWER by Rome Memorial, Greater Rome (Attorney Thomas C. Buckel) to amended complaint and Affirmative Defenses w/Cert. of Service. (lmp) Additional attachment(s) added on 10/12/2004 (see, ).
September 5, 2002 Filing 53 Minute entry: IN PERSON CONFERENCE WITH MAG. JUDGE DI BIANCO. APPEARANCES: William G. Kopit, Esq. & William Leberman, Esq. for Plaintiff; Thomas C. Buckel, Jr., Esq. for Defts. Thomas Soja, Esq.; Raymond D'Agostino, Esq.; Christopher J. Connors, Esq.; Tricia A. Asaro, Esq.; Lawrence H. Schaefer, Esq. & Thomas C. Buckel for Third-Parties RULINGS: Hearing held on the status of third-party discovery and subpoenas served on various entities. The court directs Attys. to submit 10 page letter briefs within four weeks. (kmg) (see, ).
August 27, 2002 Opinion or Order Filing 51 REQUEST by Thomas Buckel, Esq. and ORDER extended Defts' expert discovery deadline to 45 days after 9/3/02 or the date of Pltf's expert disclosure, if extended. (signed by Magistrate Judge Gustave J. DiBianco on 8/27/02) (lmp)
August 23, 2002 Opinion or Order Filing 50 ORDER, that entities listed which have been served w/subpoena appear for hearing, set Discovery Hearing for 11:00 am on 9/5/02 in Syracuse, NY, before MJ DiBianco to address unresolved 3rd-Pty discovery issues. (signed by Magistrate Judge Gustave J. DiBianco on 8/23/02) Date Entered: 8/23/02 (lmp)
August 22, 2002 Opinion or Order Filing 49 ORDER, Vacating that portion of the order establishing a deadline for plaintiff's expert disclosure of 9/3/02[47-1] and all matters pertaining to the timing and/or scope of discovery are hereby referred to U. S. Magistrate Gustve J. DiBianco. Procedure 26 on or before September 3, 2002. ( signed by Judge David N. Hurd ) Date Entered: 8/22/02 (fce)
August 22, 2002 Opinion or Order Filing 48 ORDER denying [22-1] motion to Dismiss this Action as to Deft. GRA & to dismiss the 3rd, 4th, 5th, 6th 10th causes of action ( signed by Judge David N. Hurd ) Date Entered: 8/22/02 (fce)
August 12, 2002 Opinion or Order Filing 47 ORDER denying [31-1] motion to Preclude Pltf. from Offering Any Expert Testimony, Plaintiff Rome Ambulatory Surgery Center, LLC shall provide defendants with its expert disclosure in the manner required by Federal Rule of Civil Procedure 26 on or before September 3, 2002. ( signed by Judge David N. Hurd ) Date Entered: 8/12/02 (fce)
July 30, 2002 Opinion or Order Filing 46 LETTER/REQUEST dated 7/29/02 and ORDER; Letter addressed to MJ DiBianco from Thomas Buckle, Esq.; Counsel requests that the Discovery Deadline be adjourned to 9/2/02; Ordered: Subject to review and modification by the Hon. David Hurd, and because defts' motion to preclude is pending before DJ Hurd, defendant's request to extend Discovery deadline is extended to 14 days after the motion to preclude is decided by DJ Hurd ( signed by Magistrate Judge Gustave J. DiBianco 7/29/02 ) (kcl)
July 29, 2002 Filing 45 Minute entry of a motion hearing before Judge Hurd on 7/26/02, APPR: None. Defts' motion to preclude expert testimony (31-1)-Taken on submit. Court to issue written order. [11:45-11:5]; Court Reporter: Nancy Freddoso; Court Clerk: Craig Minor. (see)
July 19, 2002 Filing 44 DECLARATION of Karl Staufenberg for Rome Memorial, Greater Rome Re: [31-1] motion to Preclude Pltf. from Offering Any Expert Testimony (lmp) Additional attachment(s) added on 10/12/2004 (see, ).
July 19, 2002 Filing 43 REPLY DECLARATION of Thomas C. Buckel, Jr., Esq. for Rome Memorial, Greater Rome Re: [31-1] motion to Preclude Pltf. from Offering Any Expert Testimony (lmp) Additional attachment(s) added on 10/12/2004 (see, ).
July 19, 2002 Filing 42 REPLY MEMORANDUM OF LAW by Rome Memorial, Greater Rome to response to [31-1] motion to Preclude Pltf. from Offering Any Expert Testimony (lmp) Additional attachment(s) added on 10/12/2004 (see, ).
July 17, 2002 Filing 41 Scheduling Notice: Motion Hearing set for 11:30 am on 7/26/02 before Judge Hurd in Albany, NY, re: the [31-1] motion to Preclude Pltf. from Offering Any Testimony (see) (see, ).
July 12, 2002 Filing 40 CERTIFICATE OF SERVICE by Rome Ambulatory as to opposition papers to Defts' Motion to Preclude Pltf's Expert Testimony. (lmp) (see, ).
July 12, 2002 Filing 39 AFFIDAVIT by David Eisenstadt, Ph.D., economist for Rome Ambulatory Re: [31-1] motion to Preclude Pltf. from Offering Any Expert Testimony (lmp) Additional attachment(s) added on 10/12/2004 (see, ).
July 12, 2002 Filing 38 AFFIDAVIT by William Kopit, Esq. for Rome Ambulatory Re: [31-1] motion to Preclude Pltf. from Offering Any Expert Testimony (lmp) Additional attachment(s) added on 10/12/2004 (see, ).
July 12, 2002 Filing 37 AFFIDAVIT by William J. Leberman, Esq. for Rome Ambulatory Re: [31-1] motion to Preclude Pltf. from Offering Any Expert Testimony (lmp) Additional attachment(s) added on 10/12/2004 (see, ).
July 12, 2002 Filing 36 MEMORANDUM by Rome Ambulatory in opposition to [31-1] motion to Preclude Pltf. from Offering Any Expert Testimony (lmp) Additional attachment(s) added on 10/12/2004 (see, ).
June 28, 2002 Opinion or Order Filing 35 ORDER, regarding Defts' request for discovery conf. & Pltf's response, court unavailable until early August, etc.; parties are directed to cooperate in good faith & Pltf. is directed to comply w/6/3/02 Order; either side may request a hearing during late July if this issue is not resolved. (signed by Magistrate Judge Gustave J. DiBianco on 6/28/02) (lmp)
June 24, 2002 Opinion or Order Filing 34 LETTER/REQUEST dated 6/19/02 and ORDER; Letter addressed to Mj DiBianco from Thomas Buckle, Esq.; Counsel requests that defendant's expert Discovery deadline be extended to 8/1/02; So Ordered, subject to review and modification of judge Hurd, and because defts. motion to preclude is returnable before Judge Hurd on 7/26/02, defendant's request to extend the expert discovery deadline to 8/1/02 is granted; Defts. may seek further extensions from Judge Hurd or this Court ( signed by Magistrate Judge Gustave J. DiBianco 6/24/02 ) (kcl)
June 17, 2002 Filing 33 MEMORANDUM by Rome Memorial, Greater Rome in support of [31-1] motion to Preclude Pltf. from Offering Any Expert Testimony (lmp) Additional attachment(s) added on 10/12/2004 (see, ).
June 17, 2002 Filing 32 DECLARATION of Thomas C. Buckel, Jr., Esq. for Rome Memorial, Greater Rome Re: [31-1] motion to Preclude Pltf. from Offering Any Expert Testimony (lmp) (see, ).
June 17, 2002 Filing 31 MOTION by Rome Memorial, Greater Rome to Preclude Pltf. from Offering Any Expert Testimony , Hearing set for 7/26/02 in Albany, NY, Response Deadline 7/12/02; Motion returnable before Judge/Mag. Judge: Hurd (lmp) (see, ).
June 3, 2002 Opinion or Order Filing 30 DISCOVERY ORDER, Pltf. shall Produce its patient, billing & financial data to Defts. in computer readable form , etc.; all disclosure made by Pltf. pursuant to this order shall be maintained & utilized by Defts. as "confidential" subject to the terms of the Stipulated Protective Order filed 11/7/01. (signed by Magistrate Judge Gustave J. DiBianco on 6/3/02) (lmp)
February 13, 2002 Filing 29 Minute entry: TELEPHONE CONFERENCE WITH MAG. JUDGE DI BIANCO. APPEARANCES: William J. Leberman, Esq. for Plaintiff; Thomas C. Buckel, Jr., Esq. for Deft. ALSO PRESENT: Peter D. Carmen, Esq. for Non-Party Rome Medical Group, P.C. RULINGS: Discovery conference held. (kmg) (see, ).
February 12, 2002 Filing 28 Minute entry: 2/8/02 Motion Calendar in Utica, New York before Judge Hurd. App. William G. Kopit, Wm. Leberman & Bruce Smith for pltf, Thomas Buckel for deft. [22-1] motion to Dismiss this Action as to Deft. GRA & to dismiss the 3rd, 4th, 5th, 6th 10th causes of action taken under advisement. Ct. & counsel discuss possible conflict issues. Court Reporter/ECRO: Nancy Freddoso (cmr)
January 31, 2002 Filing 27 Copy of clerk's Scheduling Notice to counsel: 2/8/02 [22-1] motion to Dismiss will be taken ON SUBMIT. (cbm) (see, ).
December 20, 2001 Filing 26 Copy of clerk's Scheduling Notice to counsel: Motion Hearing adjourned to 10:00 on 2/8/02 in Utica re: defts' [22-1] motion to Dismiss this Action as to Deft. GRA & to dismiss the 3rd, 4th, 5th, 6th 10th causes of action (cbm) (see, ).
December 17, 2001 Filing 25 REPLY by Rome Memorial, Greater Rome to response to [22-1] motion to Dismiss this Action as to Deft. GRA & to dismiss the 3rd, 4th, 5th, 6th & 10th causes of action (lmp) Additional attachment(s) added on 10/12/2004 (see, ).
December 17, 2001 Filing 24 MEMORANDUM by Rome Ambulatory in opposition to [22-1] motion to Dismiss this Action as to Deft. GRA & to dismiss the 3rd, 4th, 5th, 6th & 10th causes of action (lmp) Additional attachment(s) added on 9/22/2004 (see, ).
December 17, 2001 Filing 23 MEMORANDUM by Rome Memorial, Greater Rome in support of [22-1] motion to Dismiss this Action as to Deft. GRA & to dismiss the 3rd, 4th, 5th, 6th & 10th causes of action (lmp) Additional attachment(s) added on 10/12/2004 (see, ).
November 30, 2001 Filing 21 LETTER from William J. Leberman, Esq. on behalf of Rome Memorial pursuant to Local Rule 7.1(b) regarding Pltf's Opposition to Defts' Motion: to Dismiss Portions of Pltf's 1st Amended Complaint; Date Served upon counsel: 11/30/01 (lmp) Additional attachment(s) added on 10/12/2004 (see, ).
November 29, 2001 Filing 20 NOTICE of attorney appearance for Rome Ambulatory by William J. Leberman (fce) (see, ).
November 28, 2001 Filing 19 NOTICE of attorney appearance for Rome Ambulatory by William J. Leberman, of counsel to firm of Wood & Smith, PC. (lmp) (see, ).
November 7, 2001 Opinion or Order Filing 18 Stipulated Protective Order on behalf of Rome Ambulatory, Rome Memorial, Greater Rome (signed by Magistrate Judge Gustave J. DiBianco on 11/7/01) (lmp)
October 25, 2001 Filing 22 ** This motion was received by the Court on 12/17/01, but is considered filed as of 10/25/01, pursuant to the CJRA Reporting requirements instituted on 3/1/00.** MOTION by Rome Memorial, Greater Rome to Dismiss this Action as to Deft. GRA & to dismiss the 3rd, 4th, 5th, 6th 10th causes of action w/attached Affidavit of Thomas C. Buckel, Jr., Esq. & Exhibits, Hearing set for 1/11/02 returnable before Judge/Mag. Judge: Hurd (lmp) Modified on 12/17/2001 Additional attachment(s) added on 10/12/2004 (see, ).
October 25, 2001 Filing 17 LETTER by Thomas C. Buckel, Jr., Esq., on behalf of Rome Memorial, and Greater Rome pursuant to Local Rule 7.1(b) regarding Motion: to Dismiss deft. Greater Rome Affiliates as well as the Third, Fourth, Fifth, Sixth and Tenth causes of action, Date Served upon counsel: 10/25/01 (jmb) Additional attachment(s) added on 10/12/2004 (see, ).
October 17, 2001 Opinion or Order Filing 16 LETTER/REQUEST dated 10/16/01 and ORDER: Letter from Atty. Thomas Buckle addressed to MJ DiBianco requesting an extesion of time to answer or otherwise move in regard to the Amended Complaint; Granted reset Answer deadline to 10/25/01 for Greater Rome, for Rome Memorial , any request for additional time to respond to any motion will be addressed at the proper time ( signed by Magistrate Judge Gustave J. DiBianco 10/17/01 ) (kcl)
October 9, 2001 Filing 15 FIRST AMENDED COMPLAINT by Roy Esnard, Esq. for plaintiff Rome Ambulatory; amends [1-1] complaint; Leave to file granted in [13-1] request and Order; Attached "Red Line", Ordered to accompany the Amended Complaint; Attached Certificate of Service dated 9/27/01 (kcl) Additional attachment(s) added on 8/4/2004 (see, ).
September 25, 2001 Filing 14 Minute entry: TELEPHONE CONFERENCE WITH MAG. JUDGE DI BIANCO ON 9/25/01. APPEARANCES: Roy A. Esnard, Esq. for Plaintiff; Thomas C. Buckel, Jr., Esq. for Deft. RULINGS: 1. Plaintiff authorized to file amended complaint. 2. Plaintiff's counsel to submit letter order. (kmg) (see, ).
September 25, 2001 Opinion or Order Filing 13 REQUEST & ORDER, dated 9/25/01, by Roy A. Esnard, Esq. confirming Court instruction from telephone conference held; pltf has permission for Leave to File amended complaint , pltf to serve & file a "redline" identifying the changes in the complaint; dft's time to respond shall begin upon dft's counsel's receipt of copy of this order; (Signed by Magistrate Judge Gustave J. DiBianco) (fce)
August 7, 2001 Opinion or Order Filing 12 ORDER, for William G. Kopit, Esq. to Appear Pro Hac Vice for Rome Ambulatory Surgery Center, LLC ( signed by Judge David N. Hurd ) Date Entered: 8/7/01 (fce) (see, ).
August 1, 2001 Opinion or Order Filing 10 LETTER Confirmation and ORDER dd 7/30/01 by Roy Esnard, Esq for Pltf Rome Ambulatory, confirming that the parties will be allowed more than ten depositions provided for under Fed. R. Civ. P. 30(a)(2)(A) as per telephone conference held on 7/24/01. The Court has reserved judgment on the specific number of depositions to be taken, and will decide that issue as discovery proceeds. (signed by Mag. Judge Gustave J. DiBianco) (see) Modified on 08/03/2001
July 24, 2001 Filing 11 MINUTE ENTRY of Telephone Conference with Magistrate Judge DiBianco: APP: Roy A. Esnard, Esq., Robert Kopit, Esq. for Pltf. and Thomas C. Buckel, Jr., Esq. for Deft. - RULINGS: Mag. Judge DiBianco will allow more than 10 depositions. Letter Order to be submitted. (dmf) (see, ).
June 7, 2001 Filing 9 Uniform Pretrial Order; Length of Trial: 10 days; Trial Location: To Be Determined by Hon. David N. Hurd; Joining of Parties Deadline 9/15/01 ; Amending of Pleadings Deadline 9/15/01 ; Discovery Deadline 8/15/02; Motion Filing Deadline 10/15/02 ; Jury Trial ready deadline 1/13/03 ( Signed by: Magistrate Judge Gustave J. DiBianco (kmg)
June 5, 2001 Filing 8 Minute entry: TELEPHONE CONFERENCE WITH MAG. JUDGE DI BIANCO. APPEARANCES: Roy A. Esnard, Esq.; Robert Kopit, Esq.; Michael Bissegger, Esq. & Robert Smith, Esq. for Plaintiff; Thomas C. Buckel, Jr., Esq. for Deft. RULINGS: Initial status conference held; Uniform Pretrial Scheduling Order issued. (kmg) (see, ).
May 30, 2001 Filing 7 Defendant's Proposed Joint Civil Case Management Plan Submitted. (kmg) (see, ).
May 30, 2001 Filing 6 Proposed Joint Civil Case Management Plan Submitted. (kmg) (see, ).
March 13, 2001 Filing 5 DEMAND for jury trial by Roy A. Esnard, Esq for pltf Rome Ambulatory (jlm) Additional attachment(s) added on 1/5/2005 (cbm, ).
March 2, 2001 Filing 4 ANSWER & AFFIRMATIVE DEFENSES: to Complaint by Rome Memorial, and Greater Rome; w/attached certificate of service. (Attorney Thomas C. Buckel Jr.) (jmb) Additional attachment(s) added on 8/4/2004 (see, ).
February 13, 2001 Filing 3 WAIVER OF SERVICE Returned Executed as to Rome Memorial, and Greater Rome, mailed on 1/4/01, accepted on 1/31/01, Answer due on 3/5/01 for Greater Rome, and for Rome Memorial (jmb) (see, ).
January 26, 2001 Opinion or Order Filing 2 Due to a clerical error, it is Ordered, that this case be reassigned to Judge David N. Hurd; that this case continue to be assigned to Mag. Judge DiBianco. ( signed by Chief Judge F. J. Scullin Jr.) Date Entered: 1/31/01 (jlm) (see, ).
January 26, 2001 CASE reassigned to Judge David N. Hurd pursuant to [2-1] Order. (jlm)
January 3, 2001 Filing 1 COMPLAINT filed; FILING FEE $150.00 RECEIPT #50977; Service deadline 3/4/01 for Greater Rome Affiliates, Inc., for Rome Memorial Hospital, Inc. (fce) Additional attachment(s) added on 8/4/2004 (see, ).
January 3, 2001 SUMMONS(ES) issued for Rome Memorial, Greater Rome (fce)
January 3, 2001 Filing Order Issued; Conference set before Magistrate Judge Gustave J. DiBianco in Syracuse, Status Conference at 9:30 6/5/01, Deadline for filing Case Management Plan, 5/25/01 (fce)

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Search for this case: Rome Ambulatory v. Rome Memorial, et al
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Plaintiff: Rome Ambulatory Surgery Center, LLC
Represented By: William G. Kopit
Represented By: William J. Leberman
Represented By: Roy A. Esnard
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Defendant: Rome Memorial Hospital, Inc.
Represented By: Thomas C. Buckel, Jr.
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Defendant: Greater Rome Affiliates, Inc.
Represented By: Thomas C. Buckel, Jr.
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Defendant: Rome Medical Group, P.C.
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Amicus curiae: Healthcare Association of New York State
Represented By: Alissa M. Yohey
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