Doe v. Quest Diagnostics, Inc. et al
| Jane Doe |
| Quest Diagnostics, Inc., Counseling Services of New York, LLC and Ferdinand B. Banez |
| 1:2015cv08992 |
| November 16, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Lorna G. Schofield |
| Other Fraud |
| 28 U.S.C. ยง 1332 dtp Diversity - Deceptive Trade Practices |
| Both |
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Filing
111
OPINION AND ORDER re: 105 MOTION for Sanctions Pursuant to Rule 11. filed by Jane Doe. Quest filed a motion for sanctions under 28 U.S.C. § 1927 based on Plaintiff's counsel's alleged unreasonable and vexatious multipl ication of the pleadings. In response, Plaintiff's counsel, Jeffrey Michael Norton of Newman Ferrara LLP, filed a motion for sanctions under Rule 11 of the Federal Rules of Civil Procedure. For the reasons stated, Quest's motion for sanc tions under § 1927 is DENIED, and Plaintiff's motion for sanctions under Rule 11 is DENIED. The Clerk of Court is directed to close the motions at Docket Nos. 100 and 105. (As further set forth in this Opinion.) (Signed by Judge Lorna G. Schofield on 8/11/2017) (cf)
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Filing
94
MEMORANDUM OPINION AND ORDER: The Orders dated June 29, 2016, and October 3, 2016, are VACATED. For the foregoing reasons, Quest's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) is GRANTED. The claims against Quest are dismissed. The Clerk of Court is directed to close the case. (Signed by Judge Lorna G. Schofield on 3/23/2017) (kgo)
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Filing
70
MEMORANDUM OPINION AND ORDER re: 63 MOTION for Attorney Fees pursuant to the Court's June 29, 2016 Order [Dkt. No. 60], filed by Quest Diagnostics, Inc., 64 MOTION for Attorney Fees as per Court's Order dated June 29, 2016 (Doc. #60), filed by Ferdinand B. Banez, Counseling Services of New York, LLC. For the foregoing reasons, Plaintiff's motion to dismiss without prejudice pursuant to Rule 41(a)(2) is conditioned upon the payment of certain of De fendants' fees as follows: $32,342.90 to Quest and $675.00 to CSNY and Banez. Defendants' motions for the payment of fees are accordingly GRANTED in part and DENIED in part. Following the receipt of confirmation of payment, the Court will dismiss the action without prejudice. Plaintiff may elect to dismiss the case with prejudice and will not be required to pay any fees. Defendant Quest's request to redact the discounted hourly rate charged from documents associate d with its fees motion is DENIED. Defendant Quest shall file on ECF by October 7, 2016, the letter previously sent to Chambers dated July 13, 2016, and Quest's memorandum of law in support of its motion for legal fees and accompanying papers. The Clerk of Court is respectfully requested to close the motions at Docket Nos. 63 and 64. (Signed by Judge Lorna G. Schofield on 10/3/2016) (tro)
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Filing
60
MEMORANDUM OPINION AND ORDER re: 33 MOTION to Dismiss . filed by Quest Diagnostics, Inc.. For the foregoing reasons, Plaintiff's motion to dismiss without prejudice pursuant to Rule 41(a)(2) is GRANTED. Defendants shall file a ny motion for attorneys' fees and costs, supported by a memorandum, declaration or affidavit, and exhibits (including detailed time entries, time keepers by name and seniority, hourly rate, etc.) as appropriate and in accordance with the Co urt's individual rules by July 13, 2016. Plaintiffs shall file any opposition by July 27, 2016. The Clerk of Court is respectfully requested to close the motion at Docket No. 33. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/29/2016) (kgo)
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