Peck v. Montefiore Medical Center

Peck v. Montefiore Medical Center

Plaintiff:	Naomi Peck, M.D.
Defendant:	Montefiore Medical Center
Case Number:	1:2013cv08442
Filed:	November 26, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Paul A. Engelmayer
Nature of Suit:	Other Civil Rights
Cause of Action:	28 U.S.C. § 1331
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
December 16, 2013	Filing 26 OPINION & ORDER: For the foregoing reasons, Pecks motion for a preliminary injunction is denied. Pecks Complaint, which solely seeks such preliminary relief, is, therefore, dismissed. The dismissal is, however, without prejudice to Pecks right to bri ng a later lawsuit arising out of these events, including, but not limited to, a damages lawsuit challenging her termination, should such a termination ensue. The Court wishes to emphasize that its denial of Pecks motion for injunctive relief does n ot reflect an assessment of the merits of the parties dispute. The Court has not been presented with evidence sufficient to enable it to make such an assessment. The Court has instead denied the application for preliminary relief on the grounds that Peck has failed to show irreparable harm or that the balance of hardships favors her. Thus, the Court does not pass judgment on the assertion by Pecks Department that her conduct merits termination, or on Pecks assertion that the Departments attempt to terminate her is the product of racial discrimination. Should the parties be unable to resolve their differences, including through the ad hoc review process that the Court has declined to enjoin, the parties will have the opportunity to fairly a nd vigorously litigate the merits of Peck's claims in a termination hearing and, potentially, in a lawsuit. The Court will promptly send a copy of this Opinion & Order to the e-mail address provided by Dr. Peck. However, Montefiore is also directed to serve a copy of this Opinion & Order on Dr. Peck, and to file a certificate of service on ECF. The Clerk of Court is directed to close this case. (Signed by Judge Paul A. Engelmayer on 12/16/2013) (djc)

Date Filed

Document Text

December 16, 2013

Filing 26 OPINION & ORDER: For the foregoing reasons, Pecks motion for a preliminary injunction is denied. Pecks Complaint, which solely seeks such preliminary relief, is, therefore, dismissed. The dismissal is, however, without prejudice to Pecks right to bri ng a later lawsuit arising out of these events, including, but not limited to, a damages lawsuit challenging her termination, should such a termination ensue. The Court wishes to emphasize that its denial of Pecks motion for injunctive relief does n ot reflect an assessment of the merits of the parties dispute. The Court has not been presented with evidence sufficient to enable it to make such an assessment. The Court has instead denied the application for preliminary relief on the grounds that Peck has failed to show irreparable harm or that the balance of hardships favors her. Thus, the Court does not pass judgment on the assertion by Pecks Department that her conduct merits termination, or on Pecks assertion that the Departments attempt to terminate her is the product of racial discrimination. Should the parties be unable to resolve their differences, including through the ad hoc review process that the Court has declined to enjoin, the parties will have the opportunity to fairly a nd vigorously litigate the merits of Peck's claims in a termination hearing and, potentially, in a lawsuit. The Court will promptly send a copy of this Opinion & Order to the e-mail address provided by Dr. Peck. However, Montefiore is also directed to serve a copy of this Opinion & Order on Dr. Peck, and to file a certificate of service on ECF. The Clerk of Court is directed to close this case. (Signed by Judge Paul A. Engelmayer on 12/16/2013) (djc)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Peck v. Montefiore Medical Center
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Montefiore Medical Center
Represented By:	Joseph Eric Field
Represented By:	Jean L. Schmidt
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Naomi Peck, M.D.
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?