E.L.A. v. Abbott House, Inc. et al
| E.L.A. |
| Abbott House, Inc., Claude B. Meyers, Roselyn Murov, Jane Doe, John Doe, City Of New York, Eric Lipps, William Bell, Richard Roe, Rachel Roe, Arista Center for Psychotherapy, Inc., Jacqui Israel, Rochelle Zimmerman and Richard Navon |
| 1:2016cv01688 |
| March 4, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Richard M. Berman |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
297
ORDER for 286 Report and Recommendations. For the reasons set forth in the R&R [Dkt. No. 286] and herein, this case is dismissed with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The Clerk of the Court is respectfully directed to close this case. (As further set forth in this Order.) (Signed by Judge Richard M. Berman on 7/29/2021) (cf)
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Filing
294
ORDER: The Court will hold a status conference on Thursday, June 24, 2021, at 12:00 PM. In light of the continuing COVID-19 pandemic, the status conference is being held telephonically pursuant to the CARES Act and applicable implementing court p rocedures. Participants, members of the public and the press can use the following dial-in information: USA Toll-Free Number: (877) 336-1829 Access Code: 6265989 Security Code: 1688 ( Telephone Conference set for 6/24/2021 at 12:00 PM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 6/4/2021) (cf)
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Filing
290
ORDER: The Court will hold a status conference on Monday, May 3, 2021 at 10:30 AM. In light of the continuing COVID-19 pandemic, the status conference is being held telephonically pursuant to the CARES Act and applicable implementing court procedur es. Participants, members of the public and the press can use the following dial-in information: USA Toll-Free Number: (877) 336-1829 Access Code: 6265989 Security Code: 1688, (Telephone Conference set for 5/3/2021 at 10:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 4/27/2021) (nb)
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Filing
287
OPINION AND ORDER re: 258 LETTER MOTION for Discovery addressed to Magistrate Judge James L. Cott from David S. Rutherford dated February 7, 2020. filed by Stacy Weshifesky, William Bell, City Of New York, Joyce Sayre-Kelly, Claude B. Meyers, Abbott House, John Mattingly, Yusef Graves, Eric Lipps, Jermaine Armstead, 259 MOTION for Sanctions . filed by Roslyn Murov. As set forth above, Murov's motion for sanctions is granted in part and denied i n part. Within 30 days of the date of this Opinion and Order, Plaintiff's counsel shall reimburse Murov for reasonable attorney's fees and costs incurred in connection with Murov's efforts to obtain the documents requested in the Not ice to Produce on December 9, 2019. If Plaintiff's counsel disputes the reasonableness of the attorney's fees and costs, Murov should submit a fee application to the Court within 14 days thereafter (supported by contemporaneous time recor ds, affidavits, and other materials). The Clerk of Court is directed to close docket entries 258 and 259, marking docket entry 258 as denied and docket entry 259 as granted in part and denied in part. (Signed by Magistrate Judge James L. Cott on 9/24/2020) (nb)
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Filing
284
ORDER: The conference scheduled for July 6, 2020 at 11:00 a.m. is hereby cancelled. The matter has been referred to Magistrate Judge Cott to prepare a Report & Recommendation. (Signed by Judge Richard M. Berman on 6/30/2020) (nb)
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Filing
283
ORDER: The Court held a conference in this case yesterday, at which the participants discussed the parties' pending motions and the procedural posture of this action. Some of the issues discussed at the conference are likely to be revisited at the parties' upcoming July 6 conference before Judge Berman. Accordingly, the parties are directed to order a transcript of yesterday's proceeding on an expedited basis and provide a copy to Judge Berman in advance of the July 6 conference . The cost of ordering the transcript should be split equally between the plaintiff and defendants, such that plaintiff pays for half of the total cost and defendants pay for the other half. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 6/25/2020) (kv)
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Filing
281
ORDER: The Court held a status conference in this case today. After discussion with counsel, the Court will proceed with the June 24 conference telephonically. The parties should contact the Court on June 24, 2020 at 11:00 a.m. using the Court� 39;s conference line, (877) 873-8017 (Access Code: 5277586). As discussed, plaintiff herself must attend this conference. If plaintiff fails to appear, the Court will recommend to Judge Berman that the case be dismissed for failure to prosecute. P laintiff's counsel is hereby directed to provide a copy of this Order to his client and file a certification that he has done so in advance of the June 24 conference. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 6/10/2020) (jca)
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Filing
280
ORDER: By Order dated March 30, 2020, the Court rescheduled the hearing in this case from April 22 to June 24, 2020 in order to facilitate in-person appearances. In light of the ongoing challenges presented by the pandemic, the Court will hold a telephonic conference on June 10, 2020 at 11:00 a.m. to explore the possibility of proceeding with the June 24 hearing by videoconference as it does not appear likely that the conference can proceed in person at that time. Plaintiff's counsel should be prepared to answer questions regarding his clients videoconference capabilities at the conference. The parties should contact the Court at the above date and time using the Court's conference line, (877) 873-8017 (Access Code: 5277586). SO ORDERED. (Telephone Conference set for 6/10/2020 at 11:00 AM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 5/27/2020) (jca)
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Filing
278
ORDER: The conference currently scheduled for Monday, May 11, 2020 at 11:00 a.m. is hereby rescheduled to Monday, July 6, 2020 at 11:00 a.m. The conference will be held via teleconference. Dial-in instructions are as follows: Teleconference Number: 1-877-336-1829 Access Code: 6265989. (As further set forth in this Order.) ( Telephone Conference set for 7/6/2020 at 11:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 4/9/2020) (cf)
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Filing
277
ORDER: As it is imperative that the hearing currently scheduled for April 22, 2020 take place in person so that plaintiff herself can be heard from directly, given the states extension of the stay-at-home policy, the Court hereby adjourns the he aring to June 24, 2020 at 11:00 a.m. All pending motions and related deadlines continue to be stayed until further order of the Court. Plaintiffs counsel is hereby directed to file a certification that he has provided both the March 12 Order and t his Order to plaintiff no later than April 10, 2020. All of the terms of the March 3 Order are hereby incorporated by reference. SO ORDERED. (Status Conference set for 6/24/2020 at 11:00 AM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 3/30/2020) (jca)
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Filing
275
ORDER: By Order dated March 3, 2020, the Court scheduled a hearing in this case for March 13, 2020. Dkt. No. 274. In light of the many challenges presented by current circumstances, the Court hereby adjourns the hearing to April 22, 2020 at 11:00 a.m. All pending motions and related deadlines are stayed until further order of the Court. To date, plaintiff's counsel has failed to comply with the Court's prior directive to file a certification that he has provided the March 3 Orde r to plaintiff. Accordingly, plaintiff's counsel is hereby directed to file a certification that he has provided both the March 3 Order and this Order to plaintiff no later than March 20, 2020. All of the terms of the March 3 Order are hereby incorporated by reference. To avoid any doubt, plaintiff herself must attend the April 22 conference with the Court in person and failure to do so could result in sanctions, including dismissal of the case. SO ORDERED. (Status Conference set for 4/22/2020 at 11:00 AM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 3/12/2020) (jca)
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Filing
274
ORDER: The Court will hold a hearing in this case on March 13, 2020 at 2:30 p.m. in Courtroom 21-D, 500 Pearl Street, New York, New York. All counsel are directed to attend, and plaintiff's counsel is directed to have his client in attendance as well. The purpose of the conference is to determine (1) whether plaintiff wishes to proceed with her case; (2) whether there is a basis to hold a competency hearing; and (3) if plaintiff wishes to proceed, whether Mr. Young will remain as her attorney or whether his motion to withdraw should be granted. The pending sanctions motions will be held in abeyance until the record is more fully developed and the Court can assess how best to proceed. Plaintiff and her counsel are hereby put on notice that a failure to attend the conference may be grounds for sanctions, including dismissal of the lawsuit for failure to prosecute. Mr. Young is directed to provide a copy of this Order to his client and file a certification that he has done so on the docket. SO ORDERED. (Status Conference set for 3/13/2020 at 02:30 PM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 3/3/2020) (jca)
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Filing
264
ORDER: As discussed during today's telephone conference, Plaintiff's counsel must file, no later than February 28, 2020, either: (1) a motion to withdraw as counsel; (2) a motion for a competency evaluation; or (3) a letter advising the Court that his client wishes to dismiss the case (or, alternatively, a stipulation of dismissal to that effect). Meanwhile, as the Court reiterated, any opposition by Plaintiff to Dr. Murov's motion for sanctions (Dkt. No. 259) must be filed by February 21, 2020; otherwise, the Court will consider this motion to be unopposed. Finally, the application by counsel for the Abbott House Defendants and the City Defendants, on behalf of all defense counsel, requesting an order dismissing Plai ntiff's complaint (or, in the alternative, compelling Plaintiff's counsel to produce his client for deposition) (Dkt. No. 258) will be held in abeyance, on consent, until the record is more fully developed (and whether Plaintiff chooses to proceed with her lawsuit). SO ORDERED. (Motions due by 2/28/2020, Responses due by 2/21/2020) (Signed by Magistrate Judge James L. Cott on 2/14/2020) (jca)
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Filing
246
ORDER granting 241 Letter Motion for Extension of Time to File Response/Reply; denying without prejudice 244 Letter Motion to Compel. Accordingly, the request is granted nunc pro tunc. The responses to the RFAs are due by January 10, 2020. The Clerk is respectfully directed to close Docket Number 244 and mark it as "denied without prejudice" and Docket Number 241 and mark it as "granted." SO ORDERED. (Responses due by 1/10/2020) (Signed by Magistrate Judge James L. Cott on 12/18/2019) (jca)
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Filing
242
ORDER: By letter dated December 11, 2019 (Dkt. No. 239), Defendant Roslyn Murov, M.D., proposed that the expert discovery schedule in this case be as follows: Plaintiff's expert disclosure due: March 2, 2020 Defendants' expert disclosure d ue: April 1, 2020 Deposition of plaintiff's experts to be completed: April 10, 2020 Deposition of defendants' experts to be completed: April 30, 2020 Any other party wishing to propose a different expert discovery schedule must do so by filing a letter on the docket no later than December 17, 2019. If no other proposals are received, the Court will adopt Dr. Murov's proposed schedule. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 12/13/2019) (jca)
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Filing
240
ORDER terminating 239 Letter Motion to Adjourn Conference. The Court will conduct a status conference on 1/16/20 at 12:45. Counsel to take up expert discovery with J. Cott. (Signed by Richard M. Berman on 12/12/2019) (cf) Modified on 12/12/2019 (cf).
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Filing
238
ORDER: The plaintiff will provide defendants with outstanding records and/or authorizations related to ACS, the Delaware Valley Job Corps, and any other hospitals and police departments discussed at today's conference by November 15, 2019. To the extent that defendants seek discovery from the Legal Aid Society and the Center for Family Representation over which plaintiff has asserted attorney-client privilege, defendants must file a letter-motion in support of their application by Novembe r 19, 2019. The plaintiff must respond to defendant's letter-motion by November 26, 2019. The fact discovery deadline is hereby extended to February 14, 2020. The Court does not anticipate granting any further extensions of this deadline. The parties are directed to contact Judge Berman to clarify the date by which depositions of experts shall be completed and, in light of the revised fact discovery schedule, should also request an adjournment of the status conference currently scheduled before him for January 16, 2020. SO ORDERED. Fact Discovery due by 2/14/2020, Motions due by 11/19/2019, Responses due by 11/26/2019) (Signed by Magistrate Judge James L. Cott on 11/12/2019) (jca)
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