Dukes v. NYCERS et al
| Cheryl Dukes |
| NYCERS and Board of Trustees |
| 1:2015cv03846 |
| May 11, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Unassigned |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
107
ORDER granting 106 Letter Motion for Discovery. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 2/5/2020) (ks)
|
|
Filing
100
ORDER: ORDER: As discussed at the conference on December 23, 2019, the Movant's Objections to Magistrate Judge Aaron's Opinion and Order dated June 24, 2019 are overruled. The Movants' motion to seal the deposition transcript of Dr. S ierros is granted. The plaintiff's application to file an amended complaint is granted. The proposed Second Amended Complaint, filed as Dkt. No. 94-1, is deemed filed as of December 23, 2019. The defendants may move or answer with respect to the Second Amended Complaint by January 24, 2020. If a motion is filed, the plaintiff may respond by February 7, 2020 and the defendants may reply by February 17, 2020. No pre-motion conference is necessary for a motion to dismiss. The Parties shall sub mit a proposed revised schedule to the Court by January 24, 2020. The Clerk of Court is directed to close Dkt. No. 92. SO ORDERED. Motions terminated: 92 MOTION to Amend/Correct 39 Amended Complaint, filed by Cheryl Dukes. Board of Trustees answer due 1/24/2020; NYCERS answer due 1/24/2020. (Signed by Judge John G. Koeltl on 12/23/2019) (va)
|
|
Filing
78
OPINION AND ORDER re: 67 LETTER MOTION for Discovery Quash Subpoenas of Medical Board Doctors and Grant Protective Order of Medical Board Doctor's pre-decisional notes addressed to Judge John G. Koeltl from Jerald Horowitz dated June 6, 2019, filed by NYCERS, Board of Trustees. For the foregoing reasons, the Letter Motion (ECF No. 67) is DENIED in its entirety. The depositions of Bottner and Reich each shall proceed and shall be limited to two and one-half hours; pr ovided, however, that each witness shall have reviewed the entire Administrative Record not more than 48 hours prior to his deposition. If either witness fails to do so, then his deposition shall be extended for an additional hour. In addition, Defendants shall produce to Plaintiff forthwith the unredacted page of Bottner's notes. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/24/2019) (kl)
|
|
Filing
58
OPINION AND ORDER re: 42 MOTION to Dismiss Amended Complaint. MOTION to Dismiss for Lack of Jurisdiction . filed by NYCERS, Board of Trustees. The Court has considered all of the arguments raised by the parties. To the e xtent not specifically addressed, the arguments are either moot or without merit. For the reasons explained above, the Court has subject matter jurisdiction over this action and the defendants' motion to dismiss the plaintiff's complaint is granted in part and denied in part. With respect to the plaintiff's procedural and substantive due process claims, the defendants' motion to dismiss is granted. The plaintiff's procedural due process claim is dismissed without prejud ice and her substantive due process claim is dismissed with prejudice. With respect to each of the plaintiff's other claims, the defendants' motion to dismiss is denied. Finally, the defendants' requests for jurisdictional discovery an d an evidentiary hearing, which they made for the first time at oral argument of this motion, are denied. The defendants are free, however, to pursue all appropriate discovery in the course of this case. The parties are directed to confer and to submit a report pursuant to Federal Rule of Civil Procedure 26(f) by March 8, 2019. The Clerk is directed to close Docket Number 42. SO ORDERED. (Signed by Judge John G. Koeltl on 2/25/19) (yv)
|
|
Filing
22
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Clerk of Court is directed to attempt to locate pro bono counsel to represent the plaintiff for the limited purposes described above. The Court advises the plaintiff that there are no fund s to retain counsel in civil cases and the Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent the plaintiff. If an attorney volunteers, the attorney will cont act the plaintiff directly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and the plaintiff should be prepared to proceed with the case without an attorney. If the plaintiff does not want the Court to seek co unsel to represent her, she must inform the Court by February 9, 2018. If the plaintiff does want a volunteer attorney to represent her, the Court requests that she so inform it immediately, so that the case can move forward. The Court certifies unde r 28 U.S.C. § 1915(a) (3) that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge John G. Koeltl on 1/30/2017) (mml)
|
|
Filing
17
MEMORANDUM OPINION & ORDER. These jurisdictional issues should be addressed at the outset of this litigation. The plaintiff is directed to serve upon the defendants a copy of the complaint, the September 21, 2017 order and October 16, 2017 Mandate o f the United States Court of Appeals for the Second Circuit, and a copy of this order, by January 5, 2018. A conference is set for February 26, 2018 at 4:30 p.m. All parties must attend. SO ORDERED., (Service due by 1/5/2018., Status Conference set for 2/26/2018 at 04:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 12/20/17) (yv)
|
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
