Warrington v. Hudson Headwaters Health Network et al
| Patricia Warrington |
| Adirondack Radiology Associates, P.C., Ellen Deprey, Hudson Headwaters Health Network and UNITED STATES OF AMERICA |
| Mark Sonders |
| 8:2021cv00522 |
| May 6, 2021 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Lawrence E Kahn |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| None |
Docket Report
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Filing 33
TEXT ORDER approving #32 Notice/Request filed by Patricia Warrington: Discovery extended and now due by 10/3/2022, Dispositive Motions to be filed by 12/1/2022. Authorized by Magistrate Judge Christian F. Hummel on 5/26/2022. (tab)
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| Filing 32 NOTICE by Patricia Warrington (Caponera, Ryan) |
| Filing 31 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Mark Sonders has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation dated: 3/30/2022 - See Dkt. No. #30 . (NOTE: The parties are advised that the Stipulation Selecting Mediator is no longer paper form and is simply an event in CM/ECF to be completed by the parties under Civil Events/Other Filings/Mediation Documents/Stipulation Selecting Mediator. As a courtesy, the ADR Coordinator has entered this event for the parties, however, counsel must complete this event in the future when selecting a mediator in other cases that are before this Court.)(sal) |
| Filing 30 NOTICE by Patricia Warrington (Caponera, Ryan) |
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Filing 29
TEXT ORDER granting #28 Letter Motion from Ryan M. Caponera for Patricia Warrington requesting Modification of Management Plan submitted to Judge Christian F. Hummel : Deadline for Mediator Selection is reset to 4/1/2022. Authorized by Magistrate Judge Christian F. Hummel on 2/24/2022. (tab)
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| Filing 28 Letter Motion from Ryan M. Caponera for Patricia Warrington requesting Modification of Management Plan submitted to Judge Christian F. Hummel . (Caponera, Ryan) |
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Filing 27
TEXT ORDER LIFTING STAY and affirming set deadlines: Discovery due by 8/1/2022, Motions to be filed by 10/1/2022. Authorized by Magistrate Judge Christian F. Hummel on 2/17/2022. (tab)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 2/17/2022 by telephone. Appearances by Ryan Caponera, Esq. for plaintiff; Ranson Reynolds, AUSA for the defendant; Diane Lufkin Schilling, Esq. for Adirondack Radiology Deft. Counsel advise the Court that the deadlines set in the UPSO are still realistic deadlines that can be adhered to. No extensions of deadlines are requested at this time. [10:30am-10:40am] (tab) |
| Filing 26 COURT NOTICE of Conference: A Status Conference (to reset deadlines) has been set for Tuesday, 2/15/2022 @ 10:30 AM before Magistrate Judge Christian F. Hummel. The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab) |
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Filing 25
TEXT ORDER approving #24 Notice/Stipulation to Change Attorneys filed by Patricia Warrington. Attorney Ryan M. Caponera for Patricia Warrington added. Attorney Christopher K. Mills terminated. Authorized by Magistrate Judge Christian F. Hummel on 1/26/2022. (tab)
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| Filing 24 NOTICE by Patricia Warrington Consent to Change Attorney (Mills, Christopher) |
| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 12/20/2021 by telephone. Appearances by Christopher Mills, Esq. for plaintiff; AUSA Ransom Reynolds, for the United States. Diane Lufkin Schilling, Esq. for the Adirondack Radiology Associates, P.C. Plaintiff's counsel is directed to file a stipulation/consent to change attorneys, signed by plaintiff. Plaintiff will have 60 days to obtain new counsel, otherwise she will be considered pro se. The Court will schedule a follow up conference in February, 2022 to set new case deadlines and see where Plaintiff 's representation status stands. (tab) |
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Filing 23
TEXT ORDER granting (in part) #22 Letter Motion from Christopher Mills for Patricia Warrington requesting Extension of Discovery Deadlines submitted to Judge Hummel : The deadlines in this case are STAYED, pending a Court conference. A Status Conference has been set for Monday, 12/20/2021 @ 9:30 AM. The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call. Authorized by Magistrate Judge Christian F. Hummel on 10/12/2021. (tab)
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| Filing 22 Letter Motion from Christopher Mills for Patricia Warrington requesting Extension of Discovery Deadlines submitted to Judge Hummel . (Mills, Christopher) |
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Filing 21
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days (Non-Jury Trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 11/17/2021. Amended Pleadings due by 11/17/2021. Discovery due by 8/1/2022. Motions to be filed by 10/1/2022. Signed by Magistrate Judge Christian F. Hummel on 9/20/2021. (tab)
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Filing 20
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 3/1/2022. Deadline for completion of Mandatory Mediation is 9/15/2022. Signed by Magistrate Judge Christian F. Hummel on 9/20/2021. (tab)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 9/17/2021. Appearances by Michelle Kulack, Esq. for plaintiff; Ransom Reynolds, III, AUSA for Deft USA; Diane Lufkin Schilling, Esq. for Deft Adirondack Radiology. Pretrial deadlines are established. A scheduling order will be issued. The mediator selection date is extended beyond the 28 day requirement. (tab) |
| Filing 19 CIVIL CASE MANAGEMENT PLAN by UNITED STATES OF AMERICA. (Reynolds, Ransom) |
| Filing 18 ANSWER to Complaint by UNITED STATES OF AMERICA.(Reynolds, Ransom) |
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Filing 17
TEXT ORDER granting #16 Letter Request from Ransom P. Reynolds for UNITED STATES OF AMERICA requesting an extension of time to answer. Answer deadline reset to 8/20/2021. The Initial Conference is reset for 9/17/2021 @ 10:00 AM in Albany. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/10/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Authorized by Magistrate Judge Christian F. Hummel on 7/2/2021. (tab)
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| Filing 16 Letter Motion from Ransom P. Reynolds for UNITED STATES OF AMERICA requesting an extension of time submitted to Judge Christian F. Hummel . (Reynolds, Ransom) |
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Filing 15
TEXT ORDER setting Answer due date for Defendant United States of America. Answer deadline is set for 7/6/2021. Authorized by Magistrate Judge Christian F. Hummel on 6/30/2021. (tab)
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| Filing 14 NOTICE of Appearance by John W. VanDenburgh on behalf of Adirondack Radiology Associates, P.C. (Attachments: #1 Certificate of Service for Notice of Appearance of John W. VanDenburgh, Esq.)(VanDenburgh, John) |
| Filing 13 COURT NOTICE of Conference: the Initial Conference has been reset for Tuesday, 8/3/2021 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/27/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (tab) |
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Filing 12
TEXT ORDER: The Court has received Defendants' letter request to withdraw their motion to dismiss and proceed with their motion to substitute the United States of America as a defendant in place of Hudson Headwaters Health Network and Ellen Deprey. Dkt. No. 11. Plaintiff does not oppose Defendants' motion to substitute. Dkt. No. 7 at 5. Defendants' letter request is GRANTED and their motion to dismiss, Dkt. No. 5 is withdrawn. Additionally, Defendants' Motion to substitute is GRANTED and the United States of America will be added as a defendant and Hudson Headwaters Health Network and Ellen Deprey will be terminated as defendants. Signed by Senior Judge Lawrence E. Kahn on June 21, 2021. (sas)
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| Filing 11 LETTER BRIEF by Ellen Deprey, Hudson Headwaters Health Network. (Reynolds, Ransom) |
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Filing 10
LETTER REQUEST & ORDER granting defendants' #9 Request for an extension of time to file a reply re: #5 MOTION to Dismiss filed by Ellen Deprey & Hudson Headwaters Health Network. Reply to Response to Motion due by 6/21/2021. Signed by Senior Judge Lawrence E. Kahn on June 02, 2021. (sas)
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| Filing 9 Letter Motion from Ransom P. Reynolds for Ellen Deprey, Hudson Headwaters Health Network requesting an extension of time submitted to Judge Christian F. Hummel . (Reynolds, Ransom) |
| Filing 8 TEXT NOTICE: The Rule 16 Initial Conference scheduled for 6/8/2021 at 10:00 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (tab) |
| Filing 7 MEMORANDUM OF LAW re #5 Motion to Dismiss,,, Motion to Substitute Party,,, Motion to Remand,, filed by Patricia Warrington. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Mills, Christopher) |
| Filing 6 NOTICE of Appearance by Diane Lufkin Schilling on behalf of Adirondack Radiology Associates, P.C. (Attachments: #1 Certificate of Service for Notice of Appearance of Diane Lufkin Schilling, Esq.)(Schilling, Diane) |
| Filing 5 MOTION to Dismiss filed by Ellen Deprey, Hudson Headwaters Health Network. Motion returnable before Judge Lawrence E. Kahn(. Reply to Response to Motion due by 6/7/2021 ), MOTION to Substitute Party filed by Ellen Deprey, Hudson Headwaters Health Network., MOTION to Remand filed by Ellen Deprey, Hudson Headwaters Health Network.(. Reply to Response to Motion due by 6/7/2021 ) Response to Motion due by 6/1/2021 (Attachments: #1 Memorandum of Law) Motions referred to Christian F. Hummel. (Reynolds, Ransom) |
| Filing 4 CERTIFICATE OF SERVICE by Ellen Deprey, Hudson Headwaters Health Network re #1 Notice of Removal (Reynolds, Ransom) |
| ***Answer due date updated for Ellen Deprey answer due 5/13/2021; Hudson Headwaters Health Network answer due 5/13/2021. (hmr) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/8/2021 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/1/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) |
| Filing 2 STATE COURT SUMMONS AND COMPLAINT relating to #1 Notice of Removal. (hmr) |
| Filing 1 NOTICE OF REMOVAL from County of Essex Supreme Court, case number CV20-0351 filed by Hudson Headwaters Health Network, Ellen Deprey. (Attachments: #1 Civil Cover Sheet)(hmr) |
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