Ziccarelli v. NYU Hospitals Center et al
| Jeffry Ziccarelli |
| NYU Hospitals Center, NYU Langone Medical Center, Cheryl Long, Sheryl Bushman, Nader Mherabi and Nancy Beale |
| 1:2015cv09307 |
| November 25, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John G Koeltl |
| Labor: Family and Medical Leave Act |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
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Filing 190
ORDER granting #189 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 9/29/2021) (ks)
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| Filing 189 SECOND LETTER MOTION for Extension of Time to Reopen addressed to Judge John G. Koeltl from Mark H. Bierman dated September 29, 2021. Document filed by Jeffry Ziccarelli..(Bierman, Mark) |
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Filing 188
ORDER granting #187 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 9/6/2021) (va)
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| Filing 187 FIRST LETTER MOTION for Extension of Time to File Letter to reopen addressed to Judge John G. Koeltl from Mark H. Bierman dated September 3, 2021. Document filed by Jeffry Ziccarelli..(Bierman, Mark) |
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Filing 186
ORDER... It is, on this 11th day of August, 2021, hereby ordered that this matter be discontinued with prejudice but without costs; provided, however, that within 30 days of the date of this order, counsel for the plaintiff may apply by letter for restoration of the action to the calendar of the undersigned, in which event the action will be restored. Any application to reopen must be filed within thirty (30) days of this order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purpose of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be so-ordered by the Court. Unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. All pending motions are dismissed as moot. All conferences are canceled. The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 8/11/21) (yv)
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| Filing 185 JOINT LETTER addressed to Judge John G. Koeltl from Steven Gerber, Esq. dated August 11, 2021 re: status. Document filed by Nancy Beale, Cheryl Long, NYU Hospitals Center..(Gerber, Steven) |
| Filing 184 MEMO ENDORSEMENT on re: #183 Letter filed by NYU Hospitals Center, Nancy Beale, Cheryl Long. ENDORSEMENT: The telephone conference is canceled. The parties should provide a status report to the Court by 8/11/21. (Signed by Judge John G. Koeltl on 7/8/2021) (ate) |
| Filing 183 JOINT LETTER addressed to Judge John G. Koeltl from Steven Gerber, Esq. dated July 8, 2021 re: adjournment of July 23, 2021 teleconference. Document filed by Nancy Beale, Cheryl Long, NYU Hospitals Center..(Gerber, Steven) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/28/2021.(ah) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference held on 5/17/2021. (Fletcher, Donnie) |
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Filing 181
MEDIATION REFERRAL ORDER: It is ordered that this case is referred for mediation to the Court's Alternative Dispute Resolution program of mediation. Local Rule 83.9 shall govern the mediation, and the parties are directed to participate in the mediation in good faith and report to the Court on the status within 7 days of the conclusion of the mediation. The case is stayed pending the results of the mediation. The next teleconference is scheduled for July 23, 2021 at 2:30 p.m. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647.( Mediator to be Assigned by 5/27/2021.) (Signed by Judge John G. Koeltl on 5/17/2021) ( Telephone Conference set for 7/23/2021 at 02:30 PM before Judge John G. Koeltl.) (ks)
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| Case Stayed (ks) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference held on 4/12/2021. (Fletcher, Donnie) |
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Filing 180
ORDER: The parties are directed to appear for another teleconference on May 17, 2021 at 11:00 a.m. SO ORDERED. (Signed by Judge John G. Koeltl on 4/12/2021) ( Telephone Conference set for 5/17/2021 at 11:00 AM before Judge John G. Koeltl.) (ks)
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| Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference set for 4/12/2021 at 03:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
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Filing 179
MEMORANDUM OPINION AND ORDER re: #155 MOTION for Summary Judgment . filed by Sheryl Bushman, NYU Hospitals Center, Nancy Beale, Cheryl Long. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the foregoing reasons, the motion for summary judgment is denied with respect to the FMLA interference claims as to NYU and Long, denied with respect to the FMLA retaliation claims as to NYU, Long, and Beale, granted with respect to the NYCHRL claims, and granted with respect to Bushman as to all claims. The Clerk is directed to close Docket No. 155. SO ORDERED., (Sheryl Bushman (Individually and As Employers) terminated.) (Signed by Judge John G. Koeltl on 2/27/21) (yv)
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| Filing 178 LETTER addressed to Judge John G. Koeltl from Steven Gerber, Esq. dated October 14, 2020 re: courtesy copy of motion for summary judgment. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center..(Gerber, Steven) |
| Filing 177 REPLY AFFIRMATION of Ola A. Nunez, Esq. in Support re: #155 MOTION for Summary Judgment .. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Attachments: #1 Exhibit SS - additional pertinent pages of the Transcript of the Deposition of Cheryl Long, #2 Exhibit TT - additional pertinent pages of the Transcript of the Deposition of Suzanne Howard, #3 Exhibit UU - additional pertinent pages of the Transcript of the Deposition of Jeffry Ziccarelli, #4 Exhibit VV - additional pertinent pages of the Transcript of the Deposition of Derek Forte, #5 Exhibit WW - additional pertinent pages of the Transcript of the Deposition of Nancy Beale, #6 Exhibit XX - Defs. Ex. 27 at the Pl. Dep., bates numbers NYULH001087, #7 Exhibit YY - Pl.s Ex. Sanchez 4, bates numbers NYULH009370-NYULH009372, #8 Exhibit ZZ - additional pertinent pages of the Transcript of the Deposition of Nancy Sanchez, #9 Exhibit AAA - bates numbers NYULH000592-NYULH000595, #10 Exhibit BBB - bates numbers P487-P488, #11 Exhibit CCC - bates numbers NYULH005375 and NYULH002852, #12 Exhibit DDD - bates numbers NYULH004683-NYULH004691, #13 Exhibit EEE - bates numbers NYULH004760-NYULH004766, #14 Exhibit FFF - bates numbers NYULH004723-NYULH004734, #15 Exhibit GGG - bates number NYULH005256).(Gerber, Steven) |
| Filing 176 REPLY to Response to Motion re: #155 MOTION for Summary Judgment . Defendants Reply to Plaintiffs Response to Defendants Local Civil Rule 56.1 Statement of Undisputed Material Facts and Defendants Reply to Plaintiffs Local Rule 56.1 Statement of Additional Disputed Facts. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center..(Gerber, Steven) |
| Filing 175 REPLY MEMORANDUM OF LAW in Support re: #155 MOTION for Summary Judgment . . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center..(Gerber, Steven) |
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Filing 174
ORDER granting #173 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 10/7/2020) (rro)
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| Filing 173 LETTER MOTION for Leave to File Excess Pages (enlargement of word limit re Reply Brief) addressed to Judge John G. Koeltl from Steven Gerber dated 10/07/2020. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, Nader Mherabi, NYU Hospitals Center..(Gerber, Steven) |
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Filing 172
ORDER granting #171 Letter Motion for Extension of Time to File Response/Reply re #171 LETTER MOTION for Extension of Time to File Response/Reply as to #170 Response in Opposition to Motion, #169 Memorandum of Law in Opposition to Motion addressed to Judge John G. Koeltl from Ola A. Nunez, Esq. dated September 21, 2020. 1. Time to file reply papers extended to 10/9/20. 2. Word limit extended to 4,200 words. If health reasons require a further extension, counsel should apply for a further extension. So Ordered.. (Signed by Judge John G. Koeltl on 9/22/2020) Replies due by 10/9/2020. (ks)
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| Filing 171 LETTER MOTION for Extension of Time to File Response/Reply as to #170 Response in Opposition to Motion, #169 Memorandum of Law in Opposition to Motion addressed to Judge John G. Koeltl from Ola A. Nunez, Esq. dated September 21, 2020. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center..(Nunez, Ola) |
| Filing 170 RESPONSE in Opposition to Motion re: #155 MOTION for Summary Judgment . Plaintiff's. Local R56.1 Statement. Document filed by Jeffry Ziccarelli..(Bierman, Mark) |
| Filing 169 MEMORANDUM OF LAW in Opposition re: #155 MOTION for Summary Judgment . . Document filed by Jeffry Ziccarelli..(Bierman, Mark) |
| Filing 168 AFFIRMATION of Mark H. Bierman in Opposition re: #155 MOTION for Summary Judgment .. Document filed by Jeffry Ziccarelli. (Attachments: #1 Exhibit Exhibit 84, #2 Exhibit Exhibit 85, #3 Exhibit Exhibit 86, #4 Exhibit Exhibit 87, #5 Exhibit Exhibit 88, #6 Exhibit Exhibit 89, #7 Exhibit Exhibit 90, #8 Exhibit Exhibit 91, #9 Exhibit Exhibit 92, #10 Exhibit Exhibit 93, #11 Exhibit Exhibit 94, #12 Exhibit Exhibit 95, #13 Exhibit Exhibit 96, #14 Exhibit Exhibit 97, #15 Exhibit Exhibit 98, #16 Exhibit Exhibit 99).(Bierman, Mark) |
| Filing 167 AFFIDAVIT of Jeffry Ziccarelli in Opposition re: #155 MOTION for Summary Judgment .. Document filed by Jeffry Ziccarelli. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27, #28 Exhibit Exhibit 28, #29 Exhibit Exhibit 29, #30 Exhibit Exhibit 30, #31 Exhibit Exhibit 31, #32 Exhibit Exhibit 32, #33 Exhibit Exhibit 33, #34 Exhibit Exhibit 34, #35 Exhibit Exhibit 35, #36 Exhibit Exhibit 36, #37 Exhibit Exhibit 37, #38 Exhibit Exhibit 38, #39 Exhibit Exhibit 39, #40 Exhibit Exhibit 40, #41 Exhibit Exhibit 41, #42 Exhibit Exhibit 42, #43 Exhibit Exhibit 43, #44 Exhibit Exhibit 44, #45 Exhibit Exhibit 45, #46 Exhibit Exhibit 46, #47 Exhibit Exhibit 47, #48 Exhibit Exhibit 48, #49 Exhibit Exhibit 49, #50 Exhibit Exhibit 50, #51 Exhibit Exhibit 51, #52 Exhibit Exhibit 52, #53 Exhibit Exhibit 53, #54 Exhibit Exhibit 54, #55 Exhibit Exhibit 55, #56 Exhibit Exhibit 56, #57 Exhibit Exhibit 57, #58 Exhibit Exhibit 58, #59 Exhibit Exhibit 59, #60 Exhibit Exhibit 60, #61 Exhibit Exhibit 61, #62 Exhibit Exhibit 62, #63 Exhibit Exhibit 63, #64 Exhibit Exhibit 64, #65 Exhibit Exhibit 65, #66 Exhibit Exhibit 66, #67 Exhibit Exhibit 67, #68 Exhibit Exhibit 68, #69 Exhibit Exhibit 69, #70 Exhibit Exhibit 70, #71 Exhibit Exhibit 71, #72 Exhibit Exhibit 72, #73 Exhibit Exhibit 73, #74 Exhibit Exhibit 74, #75 Exhibit Exhibit 75, #76 Exhibit Exhibit 76, #77 Exhibit Exhibit 77, #78 Exhibit Exhibit 78, #79 Exhibit Exhibit 79, #80 Exhibit Exhibit 80, #81 Exhibit Exhibit 81, #82 Exhibit Exhibit 82, #83 Exhibit Exhibit 83).(Bierman, Mark) |
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Filing 166
MEMO ENDORSEMENT on #165 terminating #164 Letter Motion for Extension of Time; granting #165 Letter Motion for Extension of Time. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/20/2020) (rro)
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| Set/Reset Deadlines: Responses due by 8/24/2020 (rro) |
| Filing 165 SECOND LETTER MOTION for Extension of Time and increased brief size CORRECTED LETTER addressed to Judge John G. Koeltl from Mark H. Bierman dated August 19, 2020 Corrected. Document filed by Jeffry Ziccarelli..(Bierman, Mark) |
| Filing 164 SECOND LETTER MOTION for Extension of Time and increased brief size addressed to Judge John G. Koeltl from Mark H. Bierman dated August 19, 2020. Document filed by Jeffry Ziccarelli..(Bierman, Mark) |
| Set/Reset Deadlines: Responses due by 8/21/2020 Replies due by 9/25/2020. (ks) |
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Filing 163
ORDER granting #162 Letter Motion for Extension of Time to File Response/Reply. Application granted. SO ORDERED.. (Signed by Judge John G. Koeltl on 8/3/2020) (ks)
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| Filing 162 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #157 Rule 56.1 Statement, #155 MOTION for Summary Judgment ., #156 Memorandum of Law in Support of Motion, #158 Declaration in Support of Motion,,,,,,,,,, addressed to Judge John G. Koeltl from Mark H. Bierman dated July 31, 2020. Document filed by Jeffry Ziccarelli..(Bierman, Mark) |
| Filing 161 MEMO ENDORSEMENT on re: #159 Letter, filed by Sheryl Bushman, NYU Hospitals Center, Nancy Beale, Cheryl Long. ENDORSEMENT: Application granted. The Clerk is directed to strike Dkt. No. 158-7 from the public record and place it under seal. (Signed by Judge John G. Koeltl on 6/19/2020) (mro) |
| Filing 160 DECLARATION of Ola A. Nunez, Esq. in Support re: #155 MOTION for Summary Judgment .. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Attachments: #1 Ex. A, Transcript of the Deposition of Nader Mherabi (Mherabi Dep.), #2 Ex. B, Transcript of the Deposition of Nancy Beale (Beale Dep.), #3 Ex. C, Transcript of the Deposition of Suzanne Howard (Howard Dep.), #4 Ex. D, Transcript of the Deposition of Wayne Boney (Boney Dep.), #5 Ex. E, Transcript of the Deposition of Jeffry Ziccarelli (Pl. Dep.), #6 Ex. F, Transcript of the Deposition of Cheryl Long (Long Dep.), #7 Ex. G, Defs. Ex. 17, #8 Ex. H, Defs. Ex. 15, #9 Ex. I, Transcript of the Deposition of Sheryl Bushman (Bushman Dep.), #10 Ex. J, Defs. Ex. 19, #11 Ex. K, Pl.s Ex. Beale 17, #12 Ex. L, Pl.s Ex. Long 12, #13 Ex. M, Defs. Ex. 21, #14 Ex. N, Pl.s Ex. Howard 2, #15 Ex. O, Defs. Ex. 22, #16 Ex. P, Pl.s Ex. Long 13, #17 Ex. Q, Pl.s Ex. Beale 11, #18 Ex. R, Pl.s Ex. Boney 5, #19 Ex. S, Transcript of the Deposition of Derek Forte (Forte Dep.), #20 Ex. T, Pl.s Ex. Forte 5, #21 Ex. U, Pl.s Ex. Beale 12, #22 Ex. V, Pl.s Ex. Mherabi 8, #23 Ex. W, Defs. Ex. 18, #24 Ex. X, Pl.s Ex. Boney 7, #25 Ex. Y, Pl.s Ex. Boney 10, #26 Ex. Z, Pl.s Ex. Forte 10, #27 Ex. AA, Defs. Ex. 23, #28 Ex. BB, Pl.s Ex. Forte 12, #29 Ex. CC, Pl.s Ex. Boney 19, #30 Ex. DD, Pl.s Ex. Bushman 23, #31 Ex. EE, Pl.s Ex. Mherabi 12, #32 Ex. FF, Pl.s Ex. Long 29, #33 Ex. GG, Pl.s Ex. Beale 13, #34 Ex. HH, Defs. Ex. 26, #35 Ex. II, Pl.s Ex. Long 31, #36 Ex. JJ, Pl.s Ex. Mherabi 2, #37 Ex. KK, Pl.s Ex. Mherabi 22, #38 Ex. LL, Pl.s Ex. Boney 28, #39 Ex. MM, Pl.s Ex. Beale 7, #40 Ex. NN, Defs. Ex. 27, #41 Ex. OO, Defs. Ex. 28, #42 Ex. PP, Pl.s Ex. Boney 29, #43 Ex. QQ, Pl.s Ex. Howard 14, #44 Ex. RR NYULH009873-NYULH009874).(Gerber, Steven) |
| Filing 159 LETTER addressed to Judge John G. Koeltl from Ola A. Nunez, Esq. dated June 19, 2020 re: requesting that Docket Index No. 158-7 be stricken from the record. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center..(Nunez, Ola) |
| Filing 158 DECLARATION of Ola A. Nunez, Esq. in Support re: #155 MOTION for Summary Judgment .. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Attachments: #1 Exhibit Ex. A, Transcript of the Deposition of Nader Mherabi (Mherabi Dep.), #2 Exhibit Ex. B, Transcript of the Deposition of Nancy Beale (Beale Dep.), #3 Exhibit Ex. C, Transcript of the Deposition of Suzanne Howard (Howard Dep.), #4 Exhibit Ex. D, Transcript of the Deposition of Wayne Boney (Boney Dep.), #5 Exhibit Ex. E, Transcript of the Deposition of Jeffry Ziccarelli (Pl. Dep.), #6 Exhibit Ex. F, Transcript of the Deposition of Cheryl Long (Long Dep.), #7 Exhibit Ex. G, Defs. Ex. 17, #8 Exhibit Ex. H, Defs. Ex. 15, #9 Exhibit Ex. I, Transcript of the Deposition of Sheryl Bushman (Bushman Dep.), #10 Exhibit Ex. J, Defs. Ex. 19, #11 Exhibit Ex. K, Pl.s Ex. Beale 17, #12 Exhibit Ex. L, Pl.s Ex. Long 12, #13 Exhibit Ex. M, Defs. Ex. 21, #14 Exhibit Ex. N, Pl.s Ex. Howard 2, #15 Exhibit Ex. O, Defs. Ex. 22, #16 Exhibit Ex. P, Pl.s Ex. Long 13, #17 Exhibit Ex. Q, Pl.s Ex. Beale 11, #18 Exhibit Ex. R, Pl.s Ex. Boney 5, #19 Exhibit Ex. S, Transcript of the Deposition of Derek Forte (Forte Dep.), #20 Exhibit Ex. T, Pl.s Ex. Forte 5, #21 Exhibit Ex. U, Pl.s Ex. Beale 12, #22 Exhibit Ex. V, Pl.s Ex. Mherabi 8, #23 Exhibit Ex. W, Defs. Ex. 18, #24 Exhibit Ex. X, Pl.s Ex. Boney 7, #25 Exhibit Ex. Y, Pl.s Ex. Boney 10, #26 Exhibit Ex. Z, Pl.s Ex. Forte 10, #27 Exhibit Ex. AA, Defs. Ex. 23, #28 Exhibit Ex. BB, Pl.s Ex. Forte 12, #29 Exhibit Ex. CC, Pl.s Ex. Boney 19, #30 Exhibit Ex. DD, Pl.s Ex. Bushman 23, #31 Exhibit Ex. EE, Pl.s Ex. Mherabi 12, #32 Exhibit Ex. FF, Pl.s Ex. Long 29, #33 Exhibit Ex. GG, Pl.s Ex. Beale 13, #34 Exhibit Ex. HH, Defs. Ex. 26, #35 Exhibit Ex. II, Pl.s Ex. Long 31, #36 Exhibit Ex. JJ, Pl.s Ex. Mherabi 2, #37 Exhibit Ex. KK, Pl.s Ex. Mherabi 22, #38 Exhibit Ex. LL, Pl.s Ex. Boney 28, #39 Exhibit Ex. MM, Pl.s Ex. Beale 7, #40 Exhibit Ex. NN, Defs. Ex. 27, #41 Exhibit Ex. OO, Defs. Ex. 28, #42 Exhibit Ex. PP, Pl.s Ex. Boney 29, #43 Exhibit Ex. QQ, Pl.s Ex. Howard 14, #44 Exhibit Ex. RR NYULH009873-NYULH009874). ***STRICKEN DOCUMENT. Document number [158-7] from the case record. The document was stricken from this case pursuant to #161 Memo Endorsement. (Gerber, Steven) Modified on 6/22/2020 (mro). |
| Filing 157 RULE 56.1 STATEMENT. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center..(Gerber, Steven) |
| Filing 156 MEMORANDUM OF LAW in Support re: #155 MOTION for Summary Judgment . . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center..(Gerber, Steven) |
| Filing 155 MOTION for Summary Judgment . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. Responses due by 8/7/2020.(Gerber, Steven) |
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Filing 154
ORDER granting #153 Letter Motion for Leave to File Excess Pages. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/15/2020) (ks)
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| Filing 153 LETTER MOTION for Leave to File Excess Pages addressed to Judge John G. Koeltl from Steven Gerber, Esq. dated June 12, 2020. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center..(Gerber, Steven) |
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Filing 152
ORDER: In a letter dated May 19, 2020, the parties advised the Court that no utility exists in convening the settlement conference scheduled previously for May 27, 2020; therefore, the settlement conference is cancelled. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/22/2020) (ama)
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Filing 151
ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held in the above- captioned action on May 27, 2020 at 10:30 a.m. The conference shall be held by telephone. The parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. ( Telephone Conference set for 5/27/2020 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/11/2020) (va)
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| Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference held on 4/29/2020. Status conference held in relation to Dkt. No. 139, objection re: orders in Docket Nos. 136 and 137. (kgo) |
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Filing 150
AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. (Signed by Judge John G. Koeltl on 4/29/2020) (ks)
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Filing 149
ORDER: No pre-motion conference is necessary before the motion for summary judgment which the Court has now scheduled. However, the Court will refer the case to the Magistrate Judge for purposes of settlement including the relative merits of the proposed motion for summary judgment. SO ORDERED. (Signed by Judge John G. Koeltl on 4/29/2020) (ks)
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Filing 148
ORDER: The Court resolved the objections to the Magistrate Judge's rulings reflected at Docket Nos. 136 and 137 on the record at the teleconference today. SO ORDERED. (Signed by Judge John G. Koeltl on 4/29/2020) (ks)
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Filing 147
ORDER: The defendants should make their motion for summary judgment by June 19, 2020. The plaintiff should respond by August 7, 2020. The defendants may reply by August 28, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 4/29/2020) ( Motions due by 6/19/2020., Responses due by 8/7/2020, Replies due by 8/28/2020.) (ks) Modified on 5/29/2020 (ks).
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| Status Conference set for 4/29/2020 at 11:00 AM before Judge John G. Koeltl. The call-in number is (888) 363-4749 and the access code is 8140049 (Addelson, Jacob; Fletcher, Donnie) |
| Filing 146 REPLY MEMORANDUM OF LAW re: #139 Objection (non-motion) . Document filed by Jeffry Ziccarelli..(Bierman, Mark) |
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Filing 145
ORDER granting #144 Letter Motion for Extension of Time to File Response/Reply re #144 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #143 Declaration in Opposition, #142 Response addressed to Judge John G. Koeltl from Mark H. Bierman dated April 14, 2020. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 4/15/2020) Replies due by 4/17/2020. (ks)
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| Filing 144 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #143 Declaration in Opposition, #142 Response addressed to Judge John G. Koeltl from Mark H. Bierman dated April 14, 2020. Document filed by Jeffry Ziccarelli..(Bierman, Mark) |
| Filing 143 DECLARATION of Steven Gerber, Esq. in Opposition re: #139 Objection (non-motion). Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center..(Gerber, Steven) |
| Filing 142 RESPONSE re: #139 Objection (non-motion) . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center..(Gerber, Steven) |
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Filing 141
ORDER granting #140 Letter Motion for Extension of Time to File. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 3/23/2020) (ks)
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| Filing 140 LETTER MOTION for Extension of Time to File addressed to Judge John G. Koeltl from Steven Gerber, Esq. dated March 23, 2020. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center..(Gerber, Steven) |
| Set/Reset Deadlines: Responses due by 4/13/2020 (ks) |
| Filing 139 Objection re: 136 Order on Motion to Compel, 137 Order on Motion for Discovery . Document filed by Jeffry Ziccarelli..(Bierman, Mark) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Bierman, Mark to RE-FILE Document #138 Appeal of Magistrate Judge Decision to District Court. Use the event type Objection (non-motion) found under the event list Other Answers. (nd) |
| Filing 138 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - APPEAL OF MAGISTRATE JUDGE DECISION to District Court from 136 Order on Motion to Compel, 137 Order on Motion for Discovery. Document filed by Jeffry Ziccarelli..(Bierman, Mark) Modified on 3/17/2020 (nd). |
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Filing 137
ORDER denying as moot #103 Letter Motion for Discovery (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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Filing 136
ORDER denying as moot #113 Motion to Compel (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 2/28/2020. As a result of the discussion had during the conference, the discovery disputes raised through the plaintiff's Motion to Compel, Docket Entry # 113, were resolved. (Midwood, Laura) |
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Filing 135
ORDER: IT IS HEREBY ORDERED that a telephone conference shall be held in the above captioned action on February 28, 2020, at 4:30 p.m. All counsel are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. SO ORDERED. ( Telephone Conference set for 2/28/2020 at 04:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/21/2020) (va)
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| NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Deborah A. Batts is no longer assigned to the case. (sjo) |
| Filing 134 LETTER addressed to Judge Deborah A. Batts from Mark H. Bierman dated October 3, 2019 re: Plaintiff's Response to Defendants' Letter re Summary Judgment Motion. Document filed by Jeffry Ziccarelli.(Bierman, Mark) |
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Filing 133
NOTICE AND STIPULATION FOR VOLUNTARY PARTIAL WITHDRAWAL OF CLAIMS PURSUANT TO FED R. CIV PROC. 41(a)(1)(A)(ii): It is hereby stipulated and agreed, by and between plaintiff JEFFRY ZICCARELLI ("Plaintiff") and defendants NYU HOSPITALS CENTER a/k/a NYU LANGONE MEDICAL CENTER and CHERYL LONG, SHERYL BUSHMAN and NANCY BEALE, Individually and As Employers ("Defendants"), by their respective undersigned attorneys, with respect to the partial voluntary dismissal of certain claims asserted in Plaintiff's First Amended Complaint, as follows: Pursuant to Fed R. Civ. Proc. Rule 41(a)(1)(A)(ii) Plaintiff's Third, Fourth and Fifth Causes of Action as are set forth in Plaintiff's First Amended Complaint dated and filed May 12, 2017 (Dkt. No. 43) ("Dismissed Claims"), which causes of action assert state common law claims related to improper access to or disclosure of medical records, are hereby voluntarily dismissed with prejudice to such claims, and without costs or attorneys' fees to either side. This stipulation shall be deemed to provide notice of such partial voluntary dismissal in accordance with Fed R. Civ. Proc. Rule 41 (a(l)(A). Nothing contained herein, or as the result of any filing of such partial voluntary dismissal of the Dismissed Claims, shall preclude, or be construed, as precluding plaintiff from asserting, relying upon or utilizing any facts or evidence as may be related to the Dismissed Claims, in connection with any of the remaining causes of action in the First Amended Complaint. Defendants reserve the right to move to preclude or bar any facts or evidence as may be related to the Dismissed Claims on grounds other than the dismissal of the Dismissed Claims. SO ORDERED. (Signed by Judge Deborah A. Batts on 9/26/19) (yv)
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| Filing 132 LETTER addressed to Judge Deborah A. Batts from Steven Gerber, Esq. dated September 23, 2019 re: Bases for Defendants' Proposed Motion for Summary Judgment. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center.(Gerber, Steven) |
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Filing 131
ORDER denying as moot #116 Letter Motion for Extension of Time to File Response/Reply; see Docket Entry No.121. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Filing 130 REPLY MEMORANDUM OF LAW in Support re: #113 MOTION to Compel NYU Hospitals Center, Cheryl Long, Sheryl Bushman, Nandcy Beale to produce discovery . . Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 129 REPLY AFFIRMATION of Mark H. Bierman in Support re: #113 MOTION to Compel NYU Hospitals Center, Cheryl Long, Sheryl Bushman, Nandcy Beale to produce discovery .. Document filed by Jeffry Ziccarelli. (Attachments: #1 Exhibit 30 Howard Dep. Extracts, #2 Exhibit Letter 5-7-14, #3 Exhibit Letter 5-3-19, #4 Exhibit Email 5-9-19, #5 Exhibit Letter 6-21-19)(Bierman, Mark) |
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Filing 128
ORDER granting #127 Letter Motion for Extension of Time to File Response/Reply (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Filing 127 LETTER MOTION for Extension of Time to File Response/Reply as to #123 Declaration in Opposition to Motion,,,, #124 Declaration in Opposition to Motion, #122 Memorandum of Law in Opposition to Motion, addressed to Magistrate Judge Kevin Nathaniel Fox from Mark H. Bierman dated September 16, 2019. Document filed by Jeffry Ziccarelli.(Bierman, Mark) |
| Filing 126 LETTER addressed to Judge Deborah A. Batts from Steven Gerber, Esq. dated September 13, 2019 re: Defendants intend to file a motion for summary judgment. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center.(Gerber, Steven) |
| Filing 125 PROPOSED CONSENT ORDER. Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 124 DECLARATION of Derek Forte in Opposition re: #113 MOTION to Compel NYU Hospitals Center, Cheryl Long, Sheryl Bushman, Nandcy Beale to produce discovery .. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Attachments: #1 Exhibit A - Workplace Conduct Policy, #2 Exhibit B - Forte Deposition Transcript Excerpts)(Gerber, Steven) |
| Filing 123 DECLARATION of Steven Gerber, Esq. in Opposition re: #113 MOTION to Compel NYU Hospitals Center, Cheryl Long, Sheryl Bushman, Nandcy Beale to produce discovery .. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Attachments: #1 Exhibit A - pertinent portions of the Defs. 3/29/18 Response to Pl.s First Doc. Demands, #2 Exhibit B - Defs. 7/13/18 & 8/17/18 Discovery Suppl., #3 Exhibit C - Defs. 4/16/19 Discovery Suppl., #4 Exhibit D - Defs. 4/16/19 Discovery Amendment, #5 Exhibit E - Defs. 5/29/19, 6/24/19 & 7/29/19 Discovery Suppl., #6 Exhibit F - Defs. 6/28/19 8/7/19 Discovery Suppl., #7 Exhibit G - Defs. 4/30/19 Letter, #8 Exhibit H - Defs. 5/9/19 Letter, #9 Exhibit I - Defs. 7/3/19 Letter, #10 Exhibit J - Defs. 7/31/19 Suppl. Response, #11 Exhibit K - Defs. 8/14/19 Email, #12 Exhibit L - Defs. 8/30/19 Suppl., #13 Exhibit M - Defs. 9/5/19 & 9/9/19 Suppl., #14 Exhibit N - pertinent portions of the Howard Dep. Tr., #15 Exhibit O - pertinent portions of the Beale Dep. Tr., #16 Exhibit P - pertinent portions of the Forte Dep. Tr., #17 Exhibit Q - pertinent portions of the Bushman Dep. Tr.)(Gerber, Steven) |
| Filing 122 MEMORANDUM OF LAW in Opposition re: #113 MOTION to Compel NYU Hospitals Center, Cheryl Long, Sheryl Bushman, Nandcy Beale to produce discovery . . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Attachments: #1 Letter serving courtesy copies)(Gerber, Steven) |
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Filing 121
ORDER: The Court is in receipt of Defendants Letter Motion, (ECF No. 120), seeking an extension of time to respond to Plaintiffs Motion to Compel Discovery from August 26, 2019 to September 11, 2019. Judge Fox is on vacation. Several of the attorneys in this matter are on vacation. Plaintiff has suggested that there would be unspecified prejudice to Plaintiff if the extension were granted. The Court HEREBY GRANTS the extension to respond to Plaintiffs Motion to Compel Discovery from August 26, 2019 to September 11, 2019. All other deadlines are advanced the same number of days. This should give the Parties and Judge Fox the opportunity to take their well-deserved vacations and to address these issues well-rested at a later date. Set Deadlines/Hearing as to #113 MOTION to Compel NYU Hospitals Center, Cheryl Long, Sheryl Bushman, Nandcy Beale to produce discovery . :(Responses due by 9/11/2019) (Signed by Judge Deborah A. Batts on 8/22/2019) (js)
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| Filing 120 LETTER addressed to Judge Deborah A. Batts from Steven Gerber, Esq. dated August 22, 2019 re: emergent basis concerning Defendants letter-motion requesting an extension #116 to respond to #113 . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Attachments: #1 Exhibit 1 - (D.I. No. 116) August 20, 2019 letter-motion to Judge Fox seeking extension, #2 Exhibit 2 - (D.I. No. 117) August 20, 2019 letter opposing extension, #3 Exhibit 3 - (D.I. No. 119) August 21, 2019 letter replying to opposition)(Gerber, Steven) |
| Filing 119 RESPONSE re: #116 LETTER MOTION for Extension of Time to File Response/Reply as to #113 MOTION to Compel NYU Hospitals Center, Cheryl Long, Sheryl Bushman, Nandcy Beale to produce discovery . addressed to Magistrate Judge Kevin Nathaniel F, #117 Response to Motion, . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Gerber, Steven) |
| Filing 118 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #119 Response) - LETTER RESPONSE to Motion addressed to Magistrate Judge Kevin Nathaniel Fox from Steven Gerber, Esq. dated August 21, 2019 re: #113 MOTION to Compel NYU Hospitals Center, Cheryl Long, Sheryl Bushman, Nandcy Beale to produce discovery . . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Gerber, Steven) Modified on 8/21/2019 (db). |
| Filing 117 LETTER RESPONSE to Motion addressed to Magistrate Judge Kevin Nathaniel Fox from Mark H. Bierman dated August 20, 2019 re: #116 LETTER MOTION for Extension of Time to File Response/Reply as to #113 MOTION to Compel NYU Hospitals Center, Cheryl Long, Sheryl Bushman, Nandcy Beale to produce discovery . addressed to Magistrate Judge Kevin Nathaniel F . Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 116 LETTER MOTION for Extension of Time to File Response/Reply as to #113 MOTION to Compel NYU Hospitals Center, Cheryl Long, Sheryl Bushman, Nandcy Beale to produce discovery . addressed to Magistrate Judge Kevin Nathaniel Fox from Steven Gerber, Esq. dated August 20, 2019. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center.(Gerber, Steven) |
| Filing 115 MEMORANDUM OF LAW in Support re: #113 MOTION to Compel NYU Hospitals Center, Cheryl Long, Sheryl Bushman, Nandcy Beale to produce discovery . . Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 114 DECLARATION of Mark H. Bierman in Support re: #113 MOTION to Compel NYU Hospitals Center, Cheryl Long, Sheryl Bushman, Nandcy Beale to produce discovery .. Document filed by Jeffry Ziccarelli. (Attachments: #1 Exhibit 1 First Amended Complaint, #2 Exhibit 2 Defs Answer, #3 Exhibit 3 First Doc Req, #4 Exhibit 4 Second Doc Request, #5 Exhibit 5 Defs response Second Doc Request, #6 Exhibit 6 Third Doc Request, #7 Exhibit 7 Defs response Third Doc Request, #8 Exhibit 8 June 28, 2019 Letter Request, #9 Exhibit 9 Def Response June 28, 2019 Letter Request, #10 Exhibit 10 Forte Dep, #11 Exhibit 11 Boney Dep, #12 Exhibit 12 Beale Dep, #13 Exhibit 13 Long Dep, #14 Exhibit 14 Mherabi Dep, #15 Exhibit 15 Bushman Dep Marked Confidential, #16 Exhibit 16 April 29, 2019 Letter, #17 Exhibit 17 May 3, 2019 Letter, #18 Exhibit 18 June 14, 2019 email, #19 Exhibit 19 June 20, 2019 Letter, #20 Exhibit 20 July 30, 2019 email, #21 Exhibit 21 August 8, 2019 email, #22 Exhibit 22 August 15, 2019 email, #23 Exhibit 23 Doc Marked Confidential, #24 Exhibit 24 email Doc Marked Confidential, #25 Exhibit 25 email Doc Marked Confidential, #26 Exhibit 26 email Doc Marked Confidential, #27 Exhibit 27 email Doc Marked Confidential, #28 Exhibit 28 personnel file Doc Marked Confidential, #29 Exhibit 29 email Doc Marked Confidential)(Bierman, Mark) |
| Filing 113 MOTION to Compel NYU Hospitals Center, Cheryl Long, Sheryl Bushman, Nandcy Beale to produce discovery . Document filed by Jeffry Ziccarelli.(Bierman, Mark) |
| Filing 112 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #111 MOTION for Discovery . . Document filed by Jeffry Ziccarelli. (Bierman, Mark) Modified on 8/19/2019 (db). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Mark H. Bierman to RE-FILE Document #111 MOTION for Discovery . (1) Use the event type Compel found under the event list Motion(s). (2) Supporting Documents (Declaration in Support of Motion w/exhibits) is filed separately, receiving it's own document #. First refile Motion, then file and link any supporting documents. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mark H. Bierman to RE-FILE Document #112 Memorandum of Law in Support of Motion. ERROR(S): Document(s) linked to filing error. (db) |
| Filing 111 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Discovery . Document filed by Jeffry Ziccarelli. (Attachments: #1 Affidavit Mark H. Bierman, #2 Exhibit 1 First Amended Complaint, #3 Exhibit 2 Defendants' Answer, #4 Exhibit 3 PL First Document Demand, #5 Exhibit 4 PL Second Document Demand, #6 Exhibit 5 Def Resp Second Doc Demand, #7 Exhibit 6 PL Third Document Demand, #8 Exhibit 7 Def Resp Third Doc Demand, #9 Exhibit 8 PL June 28, 2019 Letter Request, #10 Exhibit 9 Def Resp June 28, 2019 Letter Request, #11 Exhibit 10 Extracts Forte Dep, #12 Exhibit 11 Extracts Boney Dep., #13 Exhibit 12 Extracts Beale Dep, #14 Exhibit 13 Extracts Long Dep, #15 Exhibit 14 Extracts Mherabi Dep, #16 Exhibit 15 Extracts Bushman Dep Confidential, #17 Exhibit 16 PL April 29, 2019 Letter, #18 Exhibit 17 PL May 3, 2019 Letter, #19 Exhibit 18 PL June 14, 2019 email, #20 Exhibit 19 PL June 20, 2019 Letter, #21 Exhibit 20 PL July 30, 2019 email, #22 Exhibit 21 PL August 8, 2019 email, #23 Exhibit 22 PL August 15-16 email, #24 Exhibit 23 August 15, 2013 email Confidential, #25 Exhibit 24 August 26, 2013 email Confidential, #26 Exhibit 25 Septemer 17, 2013 email Confidential, #27 Exhibit 26 11-21-13 email Confidential, #28 Exhibit 27 12-5-13 email Confidential, #29 Exhibit 28 AH Employment Docs Confidential, #30 Exhibit 29 8-21-13 email Confidential)(Bierman, Mark) Modified on 8/19/2019 (db). |
| Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 8/14/2019. (Midwood, Laura) |
| Filing 110 LETTER REPLY to Response to Motion addressed to Magistrate Judge Kevin Nathaniel Fox from Mark H. Bierman dated August 13, 2019 re: #103 LETTER MOTION for Discovery addressed to Judge Deborah A. Batts from Mark H. Bierman dated July 31, 2019. . Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
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Filing 109
ORDER: IT IS HEREBY ORDERED that the telephone conference scheduled previously in the above-captioned action for August 13, 2019, shall be held on August 14, 2019, at 2:30 p.m. Counsel to the plaintiff shall initiate the call to (212) 805-6705. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/12/2019) ( Telephone Conference set for 8/14/2019 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.)(ks)
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Filing 108
ORDER granting #105 Letter Motion to Adjourn Conference Telephone Conference set for 8/13/2019 at 02:00 PM before Magistrate Judge Kevin Nathaniel Fox. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Filing 107 DECLARATION of Steven Gerber, Esq. in Opposition re: #103 LETTER MOTION for Discovery addressed to Judge Deborah A. Batts from Mark H. Bierman dated July 31, 2019.. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Attachments: #1 Exhibit A - Defendants written responses to Pl.s June 28th Letter Demands, #2 Exhibit B - Defendants letter dated July 8, 2019 in which Defendants partially responded to Pl.s June 28th Letter Demands, #3 Exhibit C - Defendants responses to Pl.s Third Document Demands, #4 Exhibit D - Defendants letter dated July 31, 2019 supplementing Defendants responses to the Pl.s June 28th Letter Demands and to Pl.s Third Document Demands, #5 Exhibit E - Pl.s July 30th email)(Gerber, Steven) |
| Filing 106 MEMORANDUM OF LAW in Opposition re: #103 LETTER MOTION for Discovery addressed to Judge Deborah A. Batts from Mark H. Bierman dated July 31, 2019. . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Attachments: #1 Letter serving courtesy copies)(Gerber, Steven) |
| Filing 105 JOINT LETTER MOTION to Adjourn Conference - change time due to conflicts addressed to Magistrate Judge Kevin Nathaniel Fox from Steven Gerber, Esq. dated August 9, 2019. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center.(Gerber, Steven) |
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Filing 104
ORDER with respect to #103 Motion for Discovery. On or before August 9, 2019, the defendants shall file their response to the letter appearing at Docket Entry No. 103. A telephonic conference will be held with the parties on August 13, 2019, at 2:45 p. m.; counsel to the plaintiff shall initiate the telephonic conference. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Filing 103 LETTER MOTION for Discovery addressed to Judge Deborah A. Batts from Mark H. Bierman dated July 31, 2019. Document filed by Jeffry Ziccarelli. (Attachments: #1 Exhibit 1 Letter and Document Demand)(Bierman, Mark) |
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Filing 102
ORDER denying #101 Letter Motion for Extension of Time to Complete Discovery. Denied. See Order of 5/9/19. SO ORDERED. (Signed by Judge Deborah A. Batts on 7/18/19) (rro)
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| Filing 101 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Deborah A. Batts from Steven Gerber, Esq. dated July 17, 2019. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center.(Gerber, Steven) |
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Filing 100
ORDER granting #99 Letter Motion for Extension of Time to Complete Discovery. Granted. NO FURTHER EXTENSIONS. SO ORDERED. (Discovery due by 7/31/2019. Pretrial Order due by 10/30/2019.) (Signed by Judge Deborah A. Batts on 5/9/2019) (rro)
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| Filing 99 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Deborah A. Batts from Steven Gerber, Esq. dated May 6, 2019. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, Nader Mherabi, NYU Hospitals Center.(Gerber, Steven) |
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Filing 98
ORDER granting #97 Letter Motion for Extension of Time to File. GRANTED, but all future extension requests must be made one week in advance as per the individual rules. SO ORDERED. (Signed by Judge Deborah A. Batts on 3/4/2019) (rro)
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| Filing 97 LETTER MOTION for Extension of Time to File Amended Initial Disclosures addressed to Judge Deborah A. Batts from Mark H. Bierman dated March 1, 2019. Document filed by Jeffry Ziccarelli.(Bierman, Mark) |
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Filing 96
MEMORANDUM & ORDER granting #95 Letter Motion for Extension of Time. For the reasons stated above, Magistrate Judge Fox's October 24, 2018 Order is PARTIALLY REVERSED and PARTIALLY AFFIRMED. Defendants' Objections I-IV and VI to production of the material in Document Request Numbers 55, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 100, 102, and 103 is GRANTED. Defendants' Objection V as to Document Request Numbers 49 and 50 is PARTIALLY GRANTED to the extent that it goes beyond the relevant time period discovery on Document Request 49 is limited to complaints filed by Beale or any other employer from April 1, 2013 through October 31, 2013 relating to sex discrimination, retaliation, or complaints related to FLMA leave requests. Discovery on Document Request 50 is limited to documents concerning disciplinary or other adverse employment action taken against Beale during her employment by the NYU hospital from January 1, 2013 through January 27, 2014. Defendants' Objection VII to the denial of a protective order regarding interrogatories material related to the Medical Records Claim, that is, Interrogatories Number 5, 6, 7, 8, 9, 11, 12, 13, 14, and 15 is GRANTED. Defendants' Objection IX as to four of the objections not addressed by Magistrate Judge Fox (i.e. Document Request Numbers 62(e) and (f), 83, 99, and 101) is GRANTED. The objection as to Document Request Number 44 is PARTIALLY GRANTED discovery is limited to documents concerning adverse employment action taken against any employee by Bushman from January 1, 2013 through January 27, 2014. The remainder of Magistrate Judge Fox's October 24, 2018 Order is AFFIRMED. Plaintiff's Objections to the Magistrate's Order are DENIED in toto. Plaintiff is directed to re-submit his Rule 26 Mandatory Disclosure Statement, as explained supra. The Parties are directed to comply with the discovery deadlines requested in their joint letter dated January 14, 2019. (Discovery due by 5/31/2019.) (Signed by Judge Deborah A. Batts on 1/29/2019) (rro)
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| Filing 95 LETTER MOTION for Extension of Time addressed to Judge Deborah A. Batts from Steven Gerber, Esq. dated January 14, 2019. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center.(Gerber, Steven) |
| Filing 94 REPLY MEMORANDUM OF LAW re: #92 Memorandum of Law in Opposition, #88 Objection (non-motion), . Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 93 REPLY re: #92 Memorandum of Law in Opposition . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Gerber, Steven) |
| Filing 92 MEMORANDUM OF LAW in Opposition re: #84 Objection (non-motion), #85 Declaration in Support, . Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 91 RESPONSE re: #88 Objection (non-motion), . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Gerber, Steven) |
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Filing 90
MEMO ENDORSEMENT on re: #89 Letter filed by Sheryl Bushman, NYU Hospitals Center, Nancy Beale, Cheryl Long. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Deborah A. Batts on 11/14/2018) (rro)
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| Filing 89 LETTER addressed to Judge Deborah A. Batts from Steven Gerber, Esq. dated November 14, 2018 re: Ziccarelli v. NYU Hospitals Center, et al.. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center.(Gerber, Steven) |
| Filing 88 Objection re: #81 Order on Motion for Protective Order, . Document filed by Jeffry Ziccarelli. (Attachments: #1 Affidavit Mark H. Bierman, #2 Exhibit 1 Transcript 10-24-18 Proceedings, #3 Exhibit 2 Mag. Order 10-24-18)(Bierman, Mark) |
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Filing 87
ORDER granting #86 Letter Motion for Extension of Time for Plaintiff to serve and file objections to the Magistrate's order be extended to November 12, 2018. ENDORSEMENT: Plaintiff's extension request is GRANTED. SO ORDERED. (Signed by Judge Deborah A. Batts on 11/8/2018) (kv)
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| Filing 86 LETTER MOTION for Extension of Time addressed to Judge Deborah A. Batts from Mark H. Bierman dated November 7, 2018. Document filed by Jeffry Ziccarelli.(Bierman, Mark) |
| Filing 85 DECLARATION of Steven Gerber, Esq. in Support re: #84 Objection (non-motion). Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Attachments: #1 Exhibit A - Transcript of telephonic conference on October 24, 2018)(Gerber, Steven) |
| Filing 84 Objection re: #81 Order on Motion for Protective Order, . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Gerber, Steven) |
| Filing 83 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 10/24/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(vba) |
| Filing 82 TRANSCRIPT of Proceedings re: Telephone Conference held on 10/24/2018 before Magistrate Judge Kevin Nathaniel Fox. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2018. Redacted Transcript Deadline set for 11/29/2018. Release of Transcript Restriction set for 1/27/2019.(vba) |
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Filing 81
ORDER granting in part and denying in part #58 Motion for Protective Order. For the reasons set forth during the telephone conference held today in the above-captioned action, the defendants' motion for a protective order, Docket Entry No. 58, is granted in part and denied in part. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/24/2018) (anc)
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Filing 80
ORDER granting #76 Letter Motion for Extension of Time. The schedule proposed by the parties in the letter appearing at Docket Entry No. 76 is adopted by the Court and will govern the parties' pretrial activities. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 10/24/2018. (Midwood, Laura) |
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Filing 79
ORDER: IT IS HEREBY ORDERED that the telephone conference scheduled previously in the above-captioned action for October 23, 2018, shall be held on October 24, 2018, at 2:00 p.m. Counsel to the defendants shall initiate the call to (212) 805-6705. SO ORDERED. (Telephone Conference set for 10/24/2018 at 02:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/15/2018) (jca)
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Filing 78
ORDER: IT IS HEREBY ORDERED that the telephone conference scheduled previously in the above-captioned action for October 17, 2018, shall be held on October 23, 2018, at 2:00 p.m. Counsel to the defendants shall initiate the call to (212) 805-6705. SO ORDERED. (Telephone Conference set for 10/23/2018 at 02:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/12/2018) (anc)
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Filing 77
ORDER: IT IS HEREBY ORDERED that a telephone conference shall be held in the above-captioned action on October 17, 2018, at 10:00 a.m. Counsel to the defendants shall initiate the call to (212) 805-6705. ( Telephone Conference set for 10/17/2018 at 10:00 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/11/2018) (mro)
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| Filing 76 LETTER MOTION for Extension of Time addressed to Magistrate Judge Kevin Nathaniel Fox from Steven Gerber, Esq. dated September 14, 2018. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center.(Gerber, Steven) |
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Filing 75
ORDER granting #74 Letter Motion for Extension of Time. All discovery, of whatever nature, is to be initiated so as to be completed on or before October 31, 2018. The dispositive motion notification referenced in the case management order appearing at Docket Entry No. 50, is to be made on or before November 30, 2018. If no dispositive motion notification is given, as contemplated by the case management order appearing at Docket Entry No. 50, the parties shall, on or before November 30, 2018, submit to the court their joint pretrial statement ("JPTS"), proposed requests to charge and proposed voir dire. In addition, on or before November 30, 2018, a memorandum of law addressing issues raised in the JPTS shall be submitted to the court. Any responsive memorandum of law shall be submitted to the court on or before, December 14, 2018. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Filing 74 FIRST LETTER MOTION for Extension of Time of discovery deadlines and for a conference, and in response to defendants' July 9, 2018 letter application addressed to Magistrate Judge Kevin Nathaniel Fox from Mark H. Bierman dated July 10, 2018. Document filed by Jeffry Ziccarelli.(Bierman, Mark) |
| Filing 73 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Steven Gerber, Esq. dated July 9, 2018 re: pending motion and status of discovery. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center.(Gerber, Steven) |
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Filing 72
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: ECF No. 58 and any other discovery disputes. Referred to Magistrate Judge Kevin Nathaniel Fox. Motions referred to Kevin Nathaniel Fox. (Signed by Judge Deborah A. Batts on 5/7/2018) (kgo)
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| Filing 71 DECLARATION of Rebecca Kowalsky in Support re: #58 MOTION for Protective Order Forbidding and/or Limiting Discovery.. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Gerber, Steven) |
| Filing 70 DECLARATION of Counsel in Support re: #58 MOTION for Protective Order Forbidding and/or Limiting Discovery.. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Gerber, Steven) |
| Filing 69 DECLARATION of Nancy Beale in Support re: #58 MOTION for Protective Order Forbidding and/or Limiting Discovery.. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Gerber, Steven) |
| Filing 68 REPLY MEMORANDUM OF LAW in Support re: #58 MOTION for Protective Order Forbidding and/or Limiting Discovery. . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Gerber, Steven) |
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Filing 67
ORDER granting #66 Letter Motion for Extension of Time to File Response/Reply. GRANTED. Replies due by 4/25/2018. (Signed by Judge Deborah A. Batts on 4/23/2018) (kgo)
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| Filing 66 LETTER MOTION for Extension of Time to File Response/Reply as to #65 Memorandum of Law in Opposition to Motion addressed to Judge Deborah A. Batts from Steven Gerber, Esq. dated April 19, 2018. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center.(Gerber, Steven) |
| Filing 65 MEMORANDUM OF LAW in Opposition re: #58 MOTION for Protective Order Forbidding and/or Limiting Discovery. . Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 64 DECLARATION of Jeffry Ziccarelli in Opposition re: #58 MOTION for Protective Order Forbidding and/or Limiting Discovery.. Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 63 DECLARATION of Mark H. Bierman in Opposition re: #58 MOTION for Protective Order Forbidding and/or Limiting Discovery.. Document filed by Jeffry Ziccarelli. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Bierman, Mark) |
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Filing 62
ORDER granting #61 Letter Motion for Extension of Time. GRANTED. (Signed by Judge Deborah A. Batts on 4/9/2018) (kgo)
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| Set/Reset Deadlines: Responses due by 4/16/2018 Replies due by 4/23/2018. (kgo) |
| Filing 61 FIRST LETTER MOTION for Extension of Time addressed to Judge Deborah A. Batts from Mark H. Bierman dated April 6, 2018. Document filed by Jeffry Ziccarelli.(Bierman, Mark) |
| Filing 60 AFFIDAVIT of Ola A. Nunez, Esq. in Support re: #58 MOTION for Protective Order Forbidding and/or Limiting Discovery.. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Gerber, Steven) |
| Filing 59 MEMORANDUM OF LAW in Support re: #58 MOTION for Protective Order Forbidding and/or Limiting Discovery. . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Gerber, Steven) |
| Filing 58 MOTION for Protective Order Forbidding and/or Limiting Discovery. Document filed by Sheryl Bushman, Cheryl Long, NYU Hospitals Center.(Gerber, Steven) |
| Filing 57 LETTER RESPONSE in Opposition to Motion addressed to Judge Deborah A. Batts from Steven Gerber, Esq. dated March 23, 2018 re: #56 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Deborah A. Batts from Mark H. Bierman dated March 20, 2018. . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Gerber, Steven) |
| Filing 56 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Deborah A. Batts from Mark H. Bierman dated March 20, 2018. Document filed by Jeffry Ziccarelli.(Bierman, Mark) |
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Filing 55
ORDER granting #53 Letter Motion for Local Rule 37.2 Conference. granted. (Signed by Judge Deborah A. Batts on 3/5/2018) (kgo)
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| Filing 54 LETTER addressed to Judge Deborah A. Batts from Mark H. Bierman dated February 26, 2018 re: Plaintiff's Response to Defendants' Letter Application dated February 22, 2018. Document filed by Jeffry Ziccarelli. (Attachments: #1 Exhibit 1 email dated 2-16-18, #2 Exhibit 2 extract of document demand)(Bierman, Mark) |
| Filing 53 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Local Rule 37.2 Conference - seeking permission to file a motion for the entry of a protective order barring and/or limiting discovery sought by Plaintiff. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center.(Gerber, Steven) Modified on 4/17/2018 (ldi). |
| Filing 52 LETTER addressed to Judge Deborah A. Batts from Steven Gerber, Esq. dated November 7, 2017 re: redacted Declaration of Rebecca Kowalsky and Exhibits. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center. (Attachments: #1 Declaration of Rebecca Kowalsky, #2 Exhibit A to the Kowalsky Declaration, #3 Exhibit B to the Kowalsky Declaration, #4 Exhibit C to the Kowalsky Declaration)(Gerber, Steven) |
| Filing 51 SEALED DOCUMENT placed in vault.(mps) |
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Filing 50
SCHEDULING ORDER: Estimated trial time is 7-8 days. Trial by jury. All discovery, including expert discovery, shall be commenced in time to be completed by 7/31/2018. (Signed by Judge Deborah A. Batts on 11/2/2017) (mro)
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| Minute Entry for proceedings held before Judge Deborah A. Batts: Status Conference held on 11/2/2017. See Order. (kwi) |
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Filing 49
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Deborah A. Batts on 8/8/2017) (kgo)
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| Minute Entry for proceedings held before Judge Deborah A. Batts: Initial Pretrial Conference held on 8/3/2017. Order to follow. (kwi) |
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Filing 48
SCHEDULING ORDER: Estimated trial time is 7-8 days. This case is to be tried to a jury. Voluntary discovery to determine what records of access, level of access by MCIT through 10/11/2013, audits of access, logs of access dates of access to Plaintiff Ziccarelli medical records, for Plaintiff Ziccarelli only. Status Conference set for 9/28/2017 at 11:00 AM before Judge Deborah A. Batts. (Signed by Judge Deborah A. Batts on 8/3/2017) (kgo)
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Filing 47
MEMO ENDORSEMENT on re: #46 Notice (Other) filed by Jeffry Ziccarelli. ENDORSEMENT: SO ORDERED. Attorney Allison Smith terminated. (Signed by Judge Deborah A. Batts on 7/25/2017) (kgo)
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| Filing 46 NOTICE of Withdrawal of Appearance of Allison Smith. Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 45 ANSWER to #43 Amended Complaint. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center.(Gerber, Steven) |
| Filing 44 NOTICE OF APPEARANCE by Allison Smith on behalf of Jeffry Ziccarelli. (Smith, Allison) |
| Filing 43 FIRST AMENDED COMPLAINT against Nancy Beale, Sheryl Bushman, Cheryl Long, NYU Hospitals Center with JURY DEMAND.Document filed by Jeffry Ziccarelli.(Bierman, Mark) |
| Filing 42 ANSWER to Complaint. Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, Nader Mherabi, NYU Hospitals Center.(Gerber, Steven) |
| Filing 41 NOTICE OF CHANGE OF ADDRESS by Steven Gerber on behalf of Nancy Beale, Sheryl Bushman, Cheryl Long, Nader Mherabi, NYU Hospitals Center. New Address: Schoeman Updike Kaufman & Gerber LLP, 551 Fifth Avenue, 12th Floor, New York, NY, 10176, (212) 661-5030. (Gerber, Steven) |
| Filing 40 NOTICE OF CHANGE OF ADDRESS by Ola Akache Nunez on behalf of Nancy Beale, Sheryl Bushman, Cheryl Long, Nader Mherabi, NYU Hospitals Center. New Address: Schoeman Updike Kaufman & Gerber LLP, 551 Fifth Avenue, 12th Floor, New York, New York, United States 10176, 212-661-5030. (Nunez, Ola) |
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Filing 39
MEMORANDUM & ORDER granting #10 Motion to Dismiss; denying #21 Motion to Amend/Correct ; granting #24 Motion to Dismiss. For the foregoing reasons, Defendants' Motions to Dismiss Counts I and II as against Beale, Mherabi, and Bushman and Count III as against all Defendants are GRANTED. NYU's Motion to Dismiss Counts IV and Vis DENIED. Plaintiff's Motion for Leave to Amend is DENIED because the proposed amendments would be futile, but Plaintiff is GRANTED leave to amend to include additional facts that could sustain the charges discussed. If Plaintiff chooses to amend, he must file a First Amended Complaint within 45 days of the date of this Order. Defendants must then respond to that Complaint within 30 days after it has been filed. (Signed by Judge Deborah A. Batts on 3/29/2017) (kgo)
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| Filing 38 NOTICE OF CHANGE OF ADDRESS by Steven Gerber on behalf of Nancy Beale, Sheryl Bushman, Cheryl Long, Nader Mherabi, NYU Hospitals Center. New Address: Gerber & Partners LLP, One Penn Plaza, Suite 4701, New York, New York, USA 10119, (212) 380-9560. (Gerber, Steven) |
| Filing 37 NOTICE OF CHANGE OF ADDRESS by Ola Akache Nunez on behalf of Nancy Beale, Sheryl Bushman, Cheryl Long, Nader Mherabi, NYU Hospitals Center. New Address: Gerber & Partners LLP, One Penn Plaza, Suite 4701, New York, New York, USA 10119, (212) 380-9560. (Nunez, Ola) |
| Filing 36 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: #24 MOTION to Dismiss FOR PARTIAL DISMISSAL OF PLAINTIFFS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6). . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, Nader Mherabi, NYU Hospitals Center. (Gerber, Steven) |
| Filing 35 SECOND MEMORANDUM OF LAW in Opposition re: #24 MOTION to Dismiss FOR PARTIAL DISMISSAL OF PLAINTIFFS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6)., #10 MOTION to Dismiss . . Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
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Filing 34
ORDER granting #32 Letter Motion for Leave to File Document. Granted. Plaintiff to file w/in 14 days from the date of this Order. Defendant to file (if desired) within 30 days of the date of this Order. (Signed by Judge Deborah A. Batts on 4/7/2016) (mro)
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| Filing 33 LETTER RESPONSE to Motion addressed to Judge Deborah A. Batts from Steven Gerber, Esq. dated March 28, 2016 re: #32 FIRST LETTER MOTION for Leave to File Additional briefing on Defendants' motions to dismiss addressed to Judge Deborah A. Batts from Mark H. Bierman dated 3/24/16. . Document filed by Nancy Beale, Sheryl Bushman, Cheryl Long, Nader Mherabi, NYU Hospitals Center. (Gerber, Steven) |
| Filing 32 FIRST LETTER MOTION for Leave to File Additional briefing on Defendants' motions to dismiss addressed to Judge Deborah A. Batts from Mark H. Bierman dated 3/24/16. Document filed by Jeffry Ziccarelli.(Bierman, Mark) |
| Filing 31 REPLY MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss FOR PARTIAL DISMISSAL OF PLAINTIFFS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6). . Document filed by Sheryl Bushman, Cheryl Long. (Gerber, Steven) |
| Filing 30 STIPULATION: IT IS HEREBY STIPULATED by and between the undersigned counsel of record that the time for Defendants NYU Hospitals Center ("NYUHC"), Nader Mherabi ("Mherabi"), Nancy Beale ("Beale"), Sheryl Bushman ("Bushman") and Cheryl Long ("Long") (collectively the "Defendants"), to respond to Docket Index No. 27 - Plaintiff Jeffry Ziccarelli's First Memorandum of Law in Opposition re: 24 Motion to Dismiss, is extended for the period of seven (7) days through and including Friday, March 25, 2016. (Signed by Judge Deborah A. Batts on 3/17/2016) (kgo) |
| Filing 29 NOTICE OF CHANGE OF ADDRESS by Ola Akache Nunez on behalf of Nancy Beale, Sheryl Bushman, Cheryl Long, Nader Mherabi, NYU Hospitals Center. New Address: Gerber & Partners LLP, 747 Third Avenue, Suite 1101, New York, NY, USA 10017, (212) 380-9560. (Nunez, Ola) |
| Filing 28 NOTICE OF CHANGE OF ADDRESS by Steven Gerber on behalf of Nancy Beale, Sheryl Bushman, Cheryl Long, Nader Mherabi, NYU Hospitals Center. New Address: Gerber & Partners LLP, 747 Third Avenue, Suite 1101, New York, NY, USA 10017, (212) 380-9560. (Gerber, Steven) |
| Set/Reset Deadlines: Replies due by 3/25/2016. (kgo) |
| Filing 27 FIRST MEMORANDUM OF LAW in Opposition re: #24 MOTION to Dismiss FOR PARTIAL DISMISSAL OF PLAINTIFFS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6). . Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 26 DECLARATION of Mark H. Bierman in Opposition re: #24 MOTION to Dismiss FOR PARTIAL DISMISSAL OF PLAINTIFFS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6).. Document filed by Jeffry Ziccarelli. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Proposed Amended Complaint)(Bierman, Mark) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss FOR PARTIAL DISMISSAL OF PLAINTIFFS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6). . Document filed by Sheryl Bushman, Cheryl Long. (Gerber, Steven) |
| Filing 24 MOTION to Dismiss FOR PARTIAL DISMISSAL OF PLAINTIFFS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6). Document filed by Sheryl Bushman, Cheryl Long.(Gerber, Steven) |
| Filing 23 REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss . . Document filed by Nancy Beale, Nader Mherabi, NYU Hospitals Center. (Gerber, Steven) |
| Filing 22 AFFIDAVIT of Mark H. Bierman in Opposition re: #21 FIRST MOTION to Amend/Correct #20 Memorandum of Law in Opposition to Motion, #10 MOTION to Dismiss . ., #10 MOTION to Dismiss .. Document filed by Jeffry Ziccarelli. (Attachments: #1 Exhibit A - Verified Complaint, #2 Exhibit B - Proposed Amended Complaint Showing Changes, #3 Exhibit C - Proposed Amended Complaint)(Bierman, Mark) |
| Filing 21 FIRST MOTION to Amend/Correct #20 Memorandum of Law in Opposition to Motion, #10 MOTION to Dismiss . . Document filed by Jeffry Ziccarelli.(Bierman, Mark) |
| Filing 20 FIRST MEMORANDUM OF LAW in Opposition re: #10 MOTION to Dismiss . . Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 19 WAIVER OF SERVICE RETURNED EXECUTED. Cheryl Long waiver sent on 12/28/2015, answer due 2/26/2016. Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 18 WAIVER OF SERVICE RETURNED EXECUTED. Sheryl Bushman waiver sent on 12/28/2015, answer due 2/26/2016. Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Cheryl Long. (moh) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Sheryl Bushman. (moh) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Bushman, re: #1 Notice of Removal,. Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Long, re: #1 Notice of Removal,. Document filed by Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 13 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel of record that the time for Plaintiff Jeffry Ziccarelli ("Plaintiff") to respond to the pre-answer motion to dismiss of Defendants NYU Hospitals Center, Nader Mherabi and Nancy Beale (collectively the "NYUHC Detendants") dated December 7, 2015 is extended to January 18, 2016 and the time for NYUHC Defendants to submit a reply is extended to February 1, 2016. (Responses due by 1/8/2016, Replies due by 2/1/2016.) (Signed by Judge Deborah A. Batts on 12/15/2015) (kgo) |
| Filing 12 MEMO ENDORSEMENT on re: #8 Letter, filed by Jeffry Ziccarelli. ENDORSEMENT: granted. (Signed by Judge Deborah A. Batts on 12/10/2015) (kgo) |
| Transmission to the Case Openings Clerk. Transmitted re: #12 Memo Endorsement, to the Case Openings Clerk for case processing. (kgo) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss . . Document filed by Nancy Beale, Nader Mherabi, NYU Hospitals Center. (Gerber, Steven) |
| Filing 10 MOTION to Dismiss . Document filed by Nancy Beale, Nader Mherabi, NYU Hospitals Center. Responses due by 12/21/2015(Gerber, Steven) |
| Filing 9 NOTICE OF APPEARANCE by Ola Akache Nunez on behalf of Nancy Beale, Nader Mherabi, NYU Hospitals Center. (Nunez, Ola) |
| Filing 8 FIRST LETTER addressed to Judge Deborah A. Batts from Mark H. Bierman dated December 1, 2015 re: Motion for Order Directing Issuance of Summonses. Document filed by Jeffry Ziccarelli. (Attachments: #1 Bushman Summons, #2 Long Summons)(Bierman, Mark) |
| Filing 7 DEMAND for Trial by Jury. Document filed by Jeffry Ziccarelli(Bierman, Mark) |
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Filing 6
ORDER granting #4 Letter Motion for Extension of Time to Answer. granted. Nader Mherabi answer due 12/7/2015; NYU Hospitals Center answer due 12/7/2015. (Signed by Judge Deborah A. Batts on 12/1/2015) (kgo)
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| Filing 5 NOTICE OF APPEARANCE by Mark H. Bierman on behalf of Jeffry Ziccarelli. (Bierman, Mark) |
| Filing 4 FIRST LETTER MOTION for Extension of Time to File Answer or Otherwise Move addressed to Judge Deborah A. Batts from Steven Gerber, Esq. dated November 30, 2015. Document filed by Nancy Beale, Nader Mherabi, NYU Hospitals Center.(Gerber, Steven) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Deborah A. Batts. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dgo) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. (dgo) |
| Case Designated ECF. (dgo) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nancy Beale, Nader Mherabi, NYU Hospitals Center.(Gerber, Steven) |
| Filing 2 CIVIL COVER SHEET filed. (Gerber, Steven) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 158968/2015. (Filing Fee $ 400.00, Receipt Number 0208-11671853).Document filed by Nancy Beale, NYU Hospitals Center, Nader Mherabi. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gerber, Steven) |
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