Sandler v. Montefiore Health System, Inc. et al
Sandler and Dr. Adam Sandler |
Montefiore Health System, Inc, Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Albert Einstein College of Medicine, Inc. and Dr. Reza Yassari |
1:2016cv02258 |
March 28, 2016 |
US District Court for the Southern District of New York |
Foley Square Office |
Bronx |
J Paul Oetken |
Civil Rights: Jobs |
42 U.S.C. § 1981 Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on June 17, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 157 STIPULATION OF DISMISSALWITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the parties, through theirundersigned counsel, that this action, including all claims that were asserted herein, is hereby dismissed with prejudice, the parties to bear their own costs and attorneys' fees except as otherwise agreed between the parties. SO ORDERED. (Signed by Judge J. Paul Oetken on 6/17/2019) (ks) |
Filing 156 PROPOSED STIPULATION AND ORDER. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 155 ORDER granting #154 Letter Motion for Extension of Time. GRANTED. THE DEADLINE FOR RESTORING THIS CLOSED CASE TO THE COURT'S CALENDAR IS HEREBY EXTENDED TO JUNE 18, 2019. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) |
Filing 154 JOINT LETTER MOTION for Extension of Time addressed to Judge J. Paul Oetken from Jean L. Schmidt dated May 23, 2019. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Schmidt, Jean) |
Filing 153 ORDER granting #152 Letter Motion for Extension of Time. GRANTED. THE DEADLINE FOR RESTORING THIS CLOSED CASE TO THE COURT'S CALENDAR IS HEREBY EXTENDED TO JUNE 4, 2019. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) |
Filing 152 FIRST LETTER MOTION for Extension of Time addressed to Judge J. Paul Oetken from Debra L. Raskin dated April 29, 2019. Document filed by Adam Sandler.(Grant, Yannick) |
Filing 151 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/27/19 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...(McGuirk, Kelly) |
Filing 150 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/27/2019 before Judge J. Paul Oetken. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300. 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 5/6/2019. Redacted Transcript Deadline set for 5/16/2019. Release of Transcript Restriction set for 7/15/2019.(McGuirk, Kelly) |
Filing 149 ORDER... It is hereby ORDERED that this action is DISMISSED without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty days. The trial and all filing deadlines are adjourned sine die. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/5/19) (yv) |
Minute Entry for proceedings held before Judge J. Paul Oetken: Final Pretrial Conference held on 3/27/2019. Ruling on motions in limine made on the record (See transcript). (bh) |
Minute Entry for proceedings held before Judge J. Paul Oetken: Settlement Conference held on 3/26/2019. (bh) |
Filing 148 LETTER addressed to Judge J. Paul Oetken from Debra L. Raskin dated March 24, 2019 re: Permission to Bring Electronic Devices. Document filed by Adam Sandler. (Attachments: #1 Text of Proposed Order Proposed Electronic Device Order)(Grant, Yannick) |
Filing 147 MEMORANDUM OF LAW in Opposition re: #131 MOTION in Limine to Preclude Certain Trial Exhibits. . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 146 MEMORANDUM OF LAW in Opposition re: #128 MOTION in Limine to Exclude Evidence Concerning the ACGME Investigation. . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 145 MEMORANDUM OF LAW in Opposition re: #126 MOTION in Limine to Preclude Defendants' After Acquired Evidence Defense or Bifurcate Such Evidence From the Liability Stage of Trial. . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 144 MEMORANDUM OF LAW in Opposition re: #124 MOTION in Limine Requesting Preclusion of Defendants' Same Action Defense and Petty Slights and Trivial Inconveniences Defense. . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 143 DECLARATION of Jean L. Schmidt in Opposition re: #120 MOTION in Limine to Exclude Evidence from Dubravka Tosic.. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit A)(Schmidt, Jean) |
Filing 142 MEMORANDUM OF LAW in Opposition re: #120 MOTION in Limine to Exclude Evidence from Dubravka Tosic. . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 141 DECLARATION of Yannick A. Grant in Opposition re: #135 MOTION in Limine to Exclude Certain Evidence at Trial.. Document filed by Adam Sandler. (Attachments: #1 Exhibit Exhibit 1)(Grant, Yannick) |
Filing 140 MEMORANDUM OF LAW in Opposition re: #135 MOTION in Limine to Exclude Certain Evidence at Trial. . Document filed by Adam Sandler. (Grant, Yannick) |
Minute Entry for proceedings held before Judge J. Paul Oetken: Telephonic Pretrial Conference held on 3/19/2019. (bh) |
Filing 139 ORDER: This matter is currently scheduled to begin trial on April 8, 2019, with a final pretrial conference to be held on March 27, 2019. Counsel for the parties are directed to appear by telephone for a conference on March 19, 2019 at 10:00 a.m. to address the possibility of settlement. Counsel shall jointly call chambers at 212-805-0266 at that time. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/15/2019) ( Telephone Conference set for 3/19/2019 at 10:00 AM before Judge J. Paul Oetken.) (ks) |
Filing 138 SEALED DOCUMENT placed in vault.(mhe) |
ORDER granting #133 Motion to Seal Document. GRANTED. THE PARTIES HAVE THE COURT'S LEAVE TO FILE THE IDENTIFIED CATEGORIES OF DOCUMENT UNDER SEAL. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) |
Filing 137 DECLARATION of Jean L. Schmidt in Support re: #135 MOTION in Limine to Exclude Certain Evidence at Trial.. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit A)(Schmidt, Jean) |
Filing 136 MEMORANDUM OF LAW in Support re: #135 MOTION in Limine to Exclude Certain Evidence at Trial. . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 135 MOTION in Limine to Exclude Certain Evidence at Trial. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Schmidt, Jean) |
Filing 134 DECLARATION of Yannick A. Grant in Support re: #131 MOTION in Limine to Preclude Certain Trial Exhibits.. Document filed by Adam Sandler. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53)(Raskin, Debra) |
Filing 133 LETTER MOTION to Seal Document addressed to Judge J. Paul Oetken from Shawn Matthew Clark dated March 1, 2019. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Clark, Shawn) |
Filing 132 MEMORANDUM OF LAW in Support re: #131 MOTION in Limine to Preclude Certain Trial Exhibits. . Document filed by Adam Sandler. (Raskin, Debra) |
Filing 131 MOTION in Limine to Preclude Certain Trial Exhibits. Document filed by Adam Sandler.(Raskin, Debra) |
Filing 130 DECLARATION of Jeremiah Iadevaia in Support re: #128 MOTION in Limine to Exclude Evidence Concerning the ACGME Investigation.. Document filed by Adam Sandler. (Attachments: #1 Exhibit 1, #2 Exhibit Defs. Ex. BK, #3 Exhibit Defs. Ex. BL, #4 Exhibit Defs. Ex. BM PART 1, #5 Exhibit Defs. Ex. BM PART 2, #6 Exhibit Defs. Ex. BM PART 3, #7 Exhibit Defs. Ex. BN, #8 Exhibit Defs. Ex. BO, #9 Exhibit Defs. Ex. BP, #10 Exhibit Defs. Ex. BQ)(Raskin, Debra) |
Filing 129 MEMORANDUM OF LAW in Support re: #128 MOTION in Limine to Exclude Evidence Concerning the ACGME Investigation. . Document filed by Adam Sandler. (Raskin, Debra) |
Filing 128 MOTION in Limine to Exclude Evidence Concerning the ACGME Investigation. Document filed by Adam Sandler.(Raskin, Debra) |
Filing 127 MEMORANDUM OF LAW in Support re: #126 MOTION in Limine to Preclude Defendants' After Acquired Evidence Defense or Bifurcate Such Evidence From the Liability Stage of Trial. . Document filed by Adam Sandler. (Iadevaia, Jeremiah) |
Filing 126 MOTION in Limine to Preclude Defendants' After Acquired Evidence Defense or Bifurcate Such Evidence From the Liability Stage of Trial. Document filed by Adam Sandler.(Iadevaia, Jeremiah) |
Filing 125 MEMORANDUM OF LAW in Support re: #124 MOTION in Limine Requesting Preclusion of Defendants' Same Action Defense and Petty Slights and Trivial Inconveniences Defense. . Document filed by Adam Sandler. (Raskin, Debra) |
Filing 124 MOTION in Limine Requesting Preclusion of Defendants' Same Action Defense and Petty Slights and Trivial Inconveniences Defense. Document filed by Adam Sandler.(Raskin, Debra) |
Filing 123 DECLARATION of Adam Sandler, M.D. in Support re: #120 MOTION in Limine to Exclude Evidence from Dubravka Tosic.. Document filed by Adam Sandler. (Attachments: #1 Exhibit A)(Raskin, Debra) |
Filing 122 DECLARATION of Debra L. Raskin in Support re: #120 MOTION in Limine to Exclude Evidence from Dubravka Tosic.. Document filed by Adam Sandler. (Attachments: #1 Exhibit 1 PART 1, #2 Exhibit 1 PART 2, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19)(Raskin, Debra) |
Filing 121 MEMORANDUM OF LAW in Support re: #120 MOTION in Limine to Exclude Evidence from Dubravka Tosic. . Document filed by Adam Sandler. (Raskin, Debra) |
Filing 120 MOTION in Limine to Exclude Evidence from Dubravka Tosic. Document filed by Adam Sandler.(Raskin, Debra) |
Filing 119 ORDER granting #117 Letter Motion for Extension of Time. GRANTED. THE PARTIES SHALL FILE ANY MOTIONS IN LIMINE ON OR BEFORE MARCH 1, 2019, AND ANY RESPONSES ON OR BEFORE MARCH 20, 2019. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) |
Filing 118 PROPOSED PRE-TRIAL ORDER. Document filed by Adam Sandler. (Attachments: #1 Exhibit Exhibit A - Plaintiff's Exhibit List, #2 Exhibit Exhibit B -- Defendants' Exhibit List) (Grant, Yannick) |
Filing 117 JOINT LETTER MOTION for Extension of Time re: Motions in Limine addressed to Judge J. Paul Oetken from Debra L. Raskin dated February 22, 2019. Document filed by Adam Sandler.(Grant, Yannick) |
Filing 116 ORDER denying #115 Letter Motion for Conference. Accordingly, Sandler's motion for leave to serve a subpoena on Turk for a de bene esse deposition is DENIED. The Clerk is directed to close the motion at Docket Number 115. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/20/2019) (ama) |
Filing 115 LETTER MOTION for Conference for Trial Deposition addressed to Judge J. Paul Oetken from Debra L. Raskin dated February 12, 2019. Document filed by Adam Sandler. (Attachments: #1 Exhibit Exhibit A to Letter, #2 Exhibit Exhibit B to Letter, #3 Exhibit Exhibit C to Letter)(Grant, Yannick) |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Yannick Allan Grant to RE-FILE Document #106 FIRST LETTER MOTION for Discovery Trial Deposition addressed to Judge J. Paul Oetken from Debra L. Raskin dated 02/12/2019. Use the event type Conference found under the event list Motion (Letter). (db) |
Filing 114 NOTICE of Proposed Verdict Form. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Clark, Shawn) |
Filing 113 PROPOSED JURY INSTRUCTIONS. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Clark, Shawn) |
Filing 112 NOTICE of Proposed Verdict Form. Document filed by Adam Sandler. (Grant, Yannick) |
Filing 111 PROPOSED JURY INSTRUCTIONS. Document filed by Adam Sandler.(Grant, Yannick) |
Filing 110 PROPOSED VOIR DIRE QUESTIONS. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Schmidt, Jean) |
Filing 109 PROPOSED PRE-TRIAL ORDER. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit A, #2 Exhibit B) (Schmidt, Jean) |
Filing 108 NOTICE OF APPEARANCE by Joseph Eric Field on behalf of Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Field, Joseph) |
Filing 107 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Jean L. Schmidt dated February 14, 2019 re: #106 FIRST LETTER MOTION for Discovery Trial Deposition addressed to Judge J. Paul Oetken from Debra L. Raskin dated 02/12/2019. . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Clark, Shawn) |
Filing 106 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST LETTER MOTION for Discovery Trial Deposition addressed to Judge J. Paul Oetken from Debra L. Raskin dated 02/12/2019. Document filed by Adam Sandler. (Attachments: #1 Exhibit Exhibit A to Letter, #2 Exhibit Exhibit B to Letter, #3 Exhibit Exhibit C to Letter)(Grant, Yannick) Modified on 2/20/2019 (db). |
Filing 105 ORDER granting #102 Letter Motion for Extension of Time to File. GRANTED. THE PARTIES SHALL FILE THE JOINT PRETRIAL ORDER, PROPOSED REQUESTS TO CHARGE, PROPOSED VOIR DIRE QUESTIONS, AND PROPOSED VERDICT FORMS ON OR BEFORE FEBRUARY 19, 2019. ANY MOTIONS IN LIMINE SHALL BE DUE ON OR BEFORE FEBRUARY 25, 2019, AND ANY REPLIES SHALL BE DUE ON OR BEFORE MARCH 18, 2019. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) |
Filing 104 NOTICE OF APPEARANCE by Jeremiah Joseph Iadevaia on behalf of Adam Sandler. (Iadevaia, Jeremiah) |
Filing 103 NOTICE OF APPEARANCE by Maayan Deker on behalf of Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Deker, Maayan) |
Filing 102 JOINT LETTER MOTION for Extension of Time to File joint pretrial order, proposed voir dire questions, proposed requests to charge, and proposed verdict forms addressed to Judge J. Paul Oetken from Jean L. Schmidt dated February 11, 2019. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Schmidt, Jean) |
Filing 101 ORDER granting #100 Letter Motion for Extension of Time Deposition due by 12/31/2018. GRANTED. THE DEADLINE FOR COMPLETION OF EXPERT DEPOSITIONS IS HEREBY EXTENDED TO DECEMBER 31, 2018. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Sansone, Nicolas) |
Filing 100 LETTER MOTION for Extension of Time for Expert Depositions addressed to Judge J. Paul Oetken from Debra L. Raskin dated November 19, 2018. Document filed by Adam Sandler.(Raskin, Debra) |
Filing 99 ORDER: The trial in this case will begin on Monday, April 8, 2019, at 9:30 a.m. with jury selection. Expert depositions shall be completed on or before December 16, 2018. The joint pretrial order, proposed voir dire questions, proposed requests to charge, and proposed verdict forms shall be submitted on or before February 11, 2019. The joint pretrial order shall comply with this Court's individual practices in civil cases. Any motions in limine shall be filed on or before February 18, 2019. Oppositions shall be filed on or before March 11, 2019. The final pretrial conference shall be held on March 27, 2019, at 10:00 a.m. All proceedings shall take place in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED., ( Deposition due by 12/16/2018., Motions due by 2/18/2019., Pretrial Order due by 2/11/2019., Responses due by 3/11/2019, Final Pretrial Conference set for 3/27/2019 at 10:00 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken., Jury Trial set for 4/8/2019 at 09:30 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 10/25/2018) (ama) |
Filing 98 LETTER addressed to Judge J. Paul Oetken from Jean L. Schmidt dated October 25, 2018 re: proposed trial dates and pre-trial filings. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Clark, Shawn) |
Filing 97 MEMO ENDORSEMENT on re: #96 Letter filed by Adam Sandler. ENDORSEMENT: The Court is not available to conduct a jury trial during the proposed period from February 18, 2019, to March 1, 2019, due to a criminal trial. The parties are directed to file a letter within two weeks proposing alternative trial dates. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/11/2018) (jca) |
Filing 96 FIRST LETTER addressed to Judge J. Paul Oetken from Debra L. Raskin dated October 11, 2018 re: Proposed Trial Dates. Document filed by Adam Sandler.(Grant, Yannick) |
Filing 95 OPINION AND ORDER re: #71 MOTION to Strike Plaintiff's Expert Report. filed by Montefiore Medicine Academic Health System, Inc., Montefiore Medical Center, Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Reza Yassari, #57 MOTION for Summary Judgment . filed by Montefiore Medicine Academic Health System, Inc., Montefiore Medical Center, Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Reza Yassari, #93 LETTER MOTION for Extension of Time that was requested on October 4, 2017 be applied to plaintiff's Opposition to the Motion to Strike or, alternatively, excuse plaintiff's late filing in opposition to defendants' Daubert Motion filed by Adam Sandler. For the foregoing reasons, Defendants motion for summary judgment is GRANTED IN PART and DENIED IN PART. Defendants motion to strike Plaintiffs expert report is GRANTED IN PART and DENIED IN PART. Within two weeks of the date of this order, the parties shall confer and file a joint letter with proposed trial dates within the next six months. The Clerk of Court is directed to close the motions at Docket Numbers 57, 71, and 93. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/27/2018) (jca) |
Filing 94 LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Shawn Matthew Clark dated January 3, 2018 re: #93 LETTER MOTION for Extension of Time that was requested on October 4, 2017 be applied to plaintiff's Opposition to the Motion to Strike or, alternatively, excuse plaintiff's late filing in opposition to defendants' Daubert Motion . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Clark, Shawn) |
Filing 93 LETTER MOTION for Extension of Time that was requested on October 4, 2017 be applied to plaintiff's Opposition to the Motion to Strike or, alternatively, excuse plaintiff's late filing in opposition to defendants' Daubert Motion addressed to Judge J. Paul Oetken from Debra L. Raskin dated January 2, 2018. Document filed by Adam Sandler.(Raskin, Debra) |
Filing 92 REPLY MEMORANDUM OF LAW in Support re: #71 MOTION to Strike Plaintiff's Expert Report. . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 91 REPLY AFFIRMATION of Jean L. Schmidt in Support re: #71 MOTION to Strike Plaintiff's Expert Report.. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit A)(Schmidt, Jean) |
Filing 90 REPLY MEMORANDUM OF LAW in Support re: #57 MOTION for Summary Judgment . . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 89 ORDER granting #88 Letter Motion for Leave to File Excess Pages. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 88 LETTER MOTION for Leave to File Excess Pages with respect to Defendants' reply memorandum of law in further support of summary judgment addressed to Judge J. Paul Oetken from Shawn Matthew Clark dated December 18, 2017. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Clark, Shawn) |
Filing 87 ORDER granting #86 Letter Motion for Extension of Time to File Response/Reply. GRANTED. DEFENDANTS' DEADLINE TO FILE A REPLY BRIEF IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT AND MOTION TO STRIKE PLAINTIFF'S EXPERT REPORT IS EXTENDED TO DECEMBER 22, 2017. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 86 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge J. Paul Oetken from Shawn Matthew Clark dated November 30, 2017. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Clark, Shawn) |
ORDER granting #76 Motion to Seal Document. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 85 MEMORANDUM OF LAW in Opposition re: #71 MOTION to Strike Plaintiff's Expert Report. . Document filed by Adam Sandler. (Raskin, Debra) |
Filing 84 DECLARATION of Marsha A. Miller in Opposition re: #71 MOTION to Strike Plaintiff's Expert Report.. Document filed by Adam Sandler. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D (Part 1), #5 Exhibit D (Part 2))(Raskin, Debra) |
Filing 83 MEMORANDUM OF LAW in Opposition re: #57 MOTION for Summary Judgment . . Document filed by Adam Sandler. (Raskin, Debra) |
Filing 82 COUNTER STATEMENT TO #58 Rule 56.1 Statement. Document filed by Adam Sandler. (Attachments: #1 Exhibit (Part 2 of 4), #2 Exhibit (Part 3 of 4), #3 Exhibit (Part 4 of 4))(Raskin, Debra) |
Filing 81 DECLARATION of Dr. Vicko Gluncic in Opposition re: #57 MOTION for Summary Judgment .. Document filed by Adam Sandler. (Raskin, Debra) |
Filing 80 DECLARATION of Dr. Nabil Salib in Opposition re: #57 MOTION for Summary Judgment .. Document filed by Adam Sandler. (Raskin, Debra) |
Filing 79 DECLARATION of Dr. John Houten in Opposition re: #57 MOTION for Summary Judgment .. Document filed by Adam Sandler. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Raskin, Debra) |
Filing 78 DECLARATION of Adam Sandler in Opposition re: #57 MOTION for Summary Judgment .. Document filed by Adam Sandler. (Attachments: #1 Exhibit 1)(Raskin, Debra) |
Filing 77 DECLARATION of Debra L. Raskin in Opposition re: #57 MOTION for Summary Judgment .. Document filed by Adam Sandler. (Attachments: #1 Exhibit 1 (Part 1), #2 Exhibit 1 (Part 2), #3 Exhibit 1 (Part 3), #4 Exhibit 1 (Part 4), #5 Exhibit 1 (Part 5), #6 Exhibit 2 (Part 1), #7 Exhibit 2 (Part 2), #8 Exhibit 2 (Part 3), #9 Exhibit 2 (Part 4), #10 Exhibit 3 (Part 1), #11 Exhibit 3 (Part 2), #12 Exhibit 3 (Part 3), #13 Exhibit 3 (Part 4), #14 Exhibit 4 (Part 1), #15 Exhibit 4 (Part 2), #16 Exhibit 5 (Part 1), #17 Exhibit 5 (Part 2), #18 Exhibit 5 (Part 3), #19 Exhibit 6 (Part 1), #20 Exhibit 6 (Part 2), #21 Exhibit 6 (Part 3), #22 Exhibit 7 (Part 1), #23 Exhibit 7 (Part 2), #24 Exhibit 7 (Part 3), #25 Exhibit 7 (Part 4), #26 Exhibit 8 (Part 1), #27 Exhibit 8 (Part 2), #28 Exhibit 8 (Part 3), #29 Exhibit 8 (Part 4), #30 Exhibit 9 (Part 1), #31 Exhibit 9 (Part 2), #32 Exhibit 10 (Part 1), #33 Exhibit 10 (Part 2), #34 Exhibit 11 (Part 1), #35 Exhibit 11 (Part 2), #36 Exhibit 11 (Part 3), #37 Exhibit 12, #38 Exhibit 13, #39 Exhibit 14, #40 Exhibit 15, #41 Exhibit 16, #42 Exhibit 17, #43 Exhibit 18, #44 Exhibit 19, #45 Exhibit 20, #46 Exhibit 21, #47 Exhibit 22, #48 Exhibit 23, #49 Exhibit 24, #50 Exhibit 25, #51 Exhibit 26, #52 Exhibit 27, #53 Exhibit 28, #54 Exhibit 29, #55 Exhibit 30, #56 Exhibit 31, #57 Exhibit 32, #58 Exhibit 33, #59 Exhibit 34 (Part 1), #60 Exhibit 34 (Part 2), #61 Exhibit 35, #62 Exhibit 36, #63 Exhibit 37, #64 Exhibit 38, #65 Exhibit 39, #66 Exhibit 40, #67 Exhibit 41, #68 Exhibit 42, #69 Exhibit 43, #70 Exhibit 44, #71 Exhibit 45 (Part 1), #72 Exhibit 45 (Part 2), #73 Exhibit 46, #74 Exhibit 47, #75 Exhibit 48, #76 Exhibit 49, #77 Exhibit 50, #78 Exhibit 51, #79 Exhibit 52, #80 Exhibit 53, #81 Exhibit 54, #82 Exhibit 55, #83 Exhibit 56, #84 Exhibit 57, #85 Exhibit 58, #86 Exhibit 59, #87 Exhibit 60, #88 Exhibit 61, #89 Exhibit 62, #90 Exhibit 63, #91 Exhibit 64, #92 Exhibit 65, #93 Exhibit 66, #94 Exhibit 67, #95 Exhibit 68, #96 Exhibit 69, #97 Exhibit 70, #98 Exhibit 71, #99 Exhibit 72, #100 Exhibit 73, #101 Exhibit 74, #102 Exhibit 75, #103 Exhibit 76, #104 Exhibit 77, #105 Exhibit 78, #106 Exhibit 79, #107 Exhibit 80, #108 Exhibit 81, #109 Exhibit 82, #110 Exhibit 83, #111 Exhibit 84, #112 Exhibit 85, #113 Exhibit 86, #114 Exhibit 87, #115 Exhibit 88, #116 Exhibit 89, #117 Exhibit 90, #118 Exhibit 91, #119 Exhibit 92, #120 Exhibit 93, #121 Exhibit 94, #122 Exhibit 95, #123 Exhibit 96, #124 Exhibit 97, #125 Exhibit 98, #126 Exhibit 99, #127 Exhibit 100, #128 Exhibit 101, #129 Exhibit 102, #130 Exhibit 103, #131 Exhibit 104, #132 Exhibit 105, #133 Exhibit 106, #134 Exhibit 107, #135 Exhibit 108, #136 Exhibit 109, #137 Exhibit 110, #138 Exhibit 111, #139 Exhibit 112, #140 Exhibit 113, #141 Exhibit 114, #142 Exhibit 115, #143 Exhibit 116, #144 Exhibit 117, #145 Exhibit 118, #146 Exhibit 119, #147 Exhibit 120, #148 Exhibit 121, #149 Exhibit 122, #150 Exhibit 123, #151 Exhibit 124, #152 Exhibit 125, #153 Exhibit 126, #154 Exhibit 127, #155 Exhibit 128, #156 Exhibit 129, #157 Exhibit 130, #158 Exhibit 131, #159 Exhibit 132, #160 Exhibit 133, #161 Exhibit 134, #162 Exhibit 135, #163 Exhibit 136, #164 Exhibit 137, #165 Exhibit 138, #166 Exhibit 139, #167 Exhibit 140, #168 Exhibit 141, #169 Exhibit 142, #170 Exhibit 143, #171 Exhibit 144, #172 Exhibit 145, #173 Exhibit 146, #174 Exhibit 147, #175 Exhibit 148, #176 Exhibit 149, #177 Exhibit 150, #178 Exhibit 151, #179 Exhibit 152, #180 Exhibit 153, #181 Exhibit 154, #182 Exhibit 155, #183 Exhibit 156, #184 Exhibit 157, #185 Exhibit 158, #186 Exhibit 159, #187 Exhibit 160, #188 Exhibit 161, #189 Exhibit 162, #190 Exhibit 163, #191 Exhibit 164, #192 Exhibit 165, #193 Exhibit 166, #194 Exhibit 167, #195 Exhibit 168 (Part 1), #196 Exhibit 168 (Part 2), #197 Exhibit 168 (Part 3), #198 Exhibit 169, #199 Exhibit 170, #200 Exhibit 171, #201 Exhibit 172, #202 Exhibit 173, #203 Exhibit 174, #204 Exhibit 175)(Raskin, Debra) |
Filing 76 LETTER MOTION to Seal Document addressed to Judge J. Paul Oetken from Shawn Matthew Clark dated November 6, 2017. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Clark, Shawn) |
Filing 75 ORDER granting #74 Letter Motion for Extension of TimeGRANTED. PLAINTIFF SHALL FILE HIS OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON OR BEFORE NOVEMBER 6, 2017. DEFENDANT SHALL FILE ITS REPLY ON OR BEFORE DECEMBER 8, 2017. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 74 FIRST LETTER MOTION for Extension of Time addressed to Judge J. Paul Oetken from Debra L. Raskin dated 10/4/17. Document filed by Adam Sandler. (Attachments: #1 Text of Proposed Order Proposed Revised Briefing Schedule Order)(Grant, Yannick) |
Filing 73 MEMORANDUM OF LAW in Support re: #71 MOTION to Strike Plaintiff's Expert Report. . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 72 DECLARATION of Jean L. Schmidt in Support re: #71 MOTION to Strike Plaintiff's Expert Report.. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schmidt, Jean) |
Filing 71 MOTION to Strike Plaintiff's Expert Report. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Schmidt, Jean) |
Filing 70 MEMORANDUM OF LAW in Support re: #57 MOTION for Summary Judgment . . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 69 DECLARATION of Jean L. Schmidt in Support re: #57 MOTION for Summary Judgment .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit JJJ, #2 Exhibit KKK, #3 Exhibit LLL, #4 Exhibit MMM, #5 Exhibit NNN, #6 Exhibit OOO, #7 Exhibit PPP, #8 Exhibit QQQ)(Schmidt, Jean) |
Filing 68 DECLARATION of Catherine Skae, M.D. in Support re: #57 MOTION for Summary Judgment .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit RR, #2 Exhibit SS, #3 Exhibit TT, #4 Exhibit UU, #5 Exhibit VV, #6 Exhibit WW, #7 Exhibit XX, #8 Exhibit YY, #9 Exhibit ZZ, #10 Exhibit AAA, #11 Exhibit BBB, #12 Exhibit CCC, #13 Exhibit DDD, #14 Exhibit EEE, #15 Exhibit FFF, #16 Exhibit GGG, #17 Exhibit HHH, #18 Exhibit III)(Schmidt, Jean) |
Filing 67 DECLARATION of Nrupen Y. Baxi, M.D. in Support re: #57 MOTION for Summary Judgment .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 66 DECLARATION of Merritt D. Kinon, M.D. in Support re: #57 MOTION for Summary Judgment .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit PP, #2 Exhibit QQ)(Schmidt, Jean) |
Filing 65 DECLARATION of David J. Altschul, M.D. in Support re: #57 MOTION for Summary Judgment .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit NN, #2 Exhibit OO)(Schmidt, Jean) |
Filing 64 DECLARATION of David Gordon, M.D. in Support re: #57 MOTION for Summary Judgment .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit JJ, #2 Exhibit KK, #3 Exhibit LL, #4 Exhibit MM)(Schmidt, Jean) |
Filing 63 DECLARATION of James T. Goodrich, M.D. in Support re: #57 MOTION for Summary Judgment .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit II)(Schmidt, Jean) |
Filing 62 DECLARATION of Ira Richmond Abbott, M.D. in Support re: #57 MOTION for Summary Judgment .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit Z, #2 Exhibit AA, #3 Exhibit BB, #4 Exhibit CC, #5 Exhibit DD, #6 Exhibit EE, #7 Exhibit FF, #8 Exhibit GG, #9 Exhibit HH)(Schmidt, Jean) |
Filing 61 DECLARATION of Patrick A. LaSala, M.D. in Support re: #57 MOTION for Summary Judgment .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit W, #2 Exhibit X, #3 Exhibit Y)(Schmidt, Jean) |
Filing 60 DECLARATION of Eugene S. Flamm, M.D. in Support re: #57 MOTION for Summary Judgment .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit S, #2 Exhibit T, #3 Exhibit U, #4 Exhibit V)(Schmidt, Jean) |
Filing 59 DECLARATION of Reza Yassari, M.D. in Support re: #57 MOTION for Summary Judgment .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Schmidt, Jean) |
Filing 58 RULE 56.1 STATEMENT. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 57 MOTION for Summary Judgment . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Schmidt, Jean) |
Filing 56 ORDER granting #55 Letter Motion for Leave to File Excess Pages. GRANTED. THE PARTIES MAY SUBMIT MEMORANDA OF LAW OF UP TO 35 PAGES IN SUPPORT OF AND IN OPPOSITION TO DEFENDANTS' SUMMARY JUDGMENT MOTION. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 55 JOINT LETTER MOTION for Leave to File Excess Pages with respect to Defendants' summary judgment motion addressed to Judge J. Paul Oetken from Shawn Matthew Clark dated September 1, 2017. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Clark, Shawn) |
Filing 54 NOTICE OF APPEARANCE by Yannick Allan Grant on behalf of Adam Sandler. (Grant, Yannick) |
Filing 53 ORDER granting #52 Letter Motion for Extension of Time to Complete Discovery: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Amended pleadings may not be filed and additional parties my not be joined except with leave of the court. All fact discovery shall be completed no later than 5/1/2017, except for any currently outstanding document requests. Depositions shall be completed by 6/1/2017. All expert discovery, including expert depositions, shall be completed no later 8/11/2017, except for depositions of the parties' financial damages experts. Those depositions shall be taken within 30 days of the Court's decision on SJ. The parties shall be ready for trial on TBD after the Court's decision on SJ. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 7-10 days. (Deposition due by 8/11/2017.) (Signed by Judge J. Paul Oetken on 7/19/2017) (jwh) |
Filing 52 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Debra L. Raskin dated July 18, 2017. Document filed by Adam Sandler. (Attachments: #1 Revised Civil Case Management Plan and Scheduling Order)(Raskin, Debra) |
NOTICE: THE CASE MANAGEMENT CONFERENCE SCHEDULED FOR JUNE 6, 2017, IS HEREBY ADJOURNED PENDING FURTHER ORDER FROM THE COURT. (bh) |
Filing 51 ANSWER to #1 Complaint,. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Clark, Shawn) |
Filing 50 OPINION AND ORDER: re: #30 SECOND MOTION for Leave to File Amended Answer filed by Montefiore Medicine Academic Health System, Inc., Montefiore Medical Center, Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Reza Yassari, #17 MOTION for Leave to File Amended Answer . filed by Montefiore Medicine Academic Health System, Inc., Montefiore Medical Center, Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Reza Yassari. For the foregoing reasons, Defendants' motions to amend are GRANTED. Defendants are directed to file their amended answer on or before May 29, 2017. The Clerk of Court is directed to close the motions at Docket Number 17 and 30. SO ORDERED., Albert Einstein College of Medicine, Inc. answer due 5/29/2017; Montefiore Health System, Inc. answer due 5/29/2017; Montefiore Medical Center answer due 5/29/2017; Montefiore Medicine Academic Health System, Inc. answer due 5/29/2017; Reza Yassari answer due 5/29/2017. (Signed by Judge J. Paul Oetken on 5/22/2017) (ama) |
Filing 49 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). All Fact Discovery due by 5/1/2017. (except for agreed open depositions and any currently outstanding document requests). Deposition due by 6/1/2017. All Expert Discovery due by 8/11/2017. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 7-10 days. The next Case Management Conference set for 6/6/2017 at 11:00 AM before Judge J. Paul Oetken. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/18/2017) (ama) |
Filing 48 ORDER: on BRIEFING SCHEDULE WITH RESPECT TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT: granting #47 Letter Motion for Extension of Time to Complete Discovery. The parties having conferred amongst themselves hereby propose the following briefing schedule for Defendants' anticipated motion for summary judgment: Defendants' summary judgment motion to be filed on or before: 9/11/2017. Plaintiff's opposition to Defendants' motion for summary judgment to be filed on or before 10/16/2017. Defendants' reply to be filed on or before 11/6/2017. Motions due by 9/11/2017. Response due by 10/16/2017. Reply due by 11/6/2017. (Signed by Judge J. Paul Oetken on 5/18/2017) (ap) |
Set/Reset Deadlines: Responses due by 10/16/2017. Replies due by 11/6/2017. (ap) |
Filing 47 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Debra L. Raskin dated 05/17/17. Document filed by Adam Sandler. (Attachments: #1 Supplement Case Management Plan, #2 Supplement Briefing Schedule)(Raskin, Debra) |
Set/Reset Deadlines: Deposition due by 7/14/2017. (ap) |
Filing 46 BRIEFING SCHEDULE WITH RESPECT TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT: The parties having conferred amongst themselves hereby propose the following briefing schedule for Defendants' anticipated motion for summary judgment: Motions due by 8/1/2017. Responses due by 9/1/2017 Replies due by 9/25/2017. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/27/2017) (ama) |
Filing 45 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: granting #44 Letter Motion for Extension of Time to Complete Discovery. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery All fact discovery shall be completed no later than May 1, 2017, except for agreed upon depositions and any currently outstanding discovery requests. Depositions due 7/14/2017. Expert Discovery due by 7/14/2017. This case is to be tried to a jury. Best estimate of the length of trial is 7-10 days. The status conference scheduled for May 17, 2017, is adjourned to June 6, 2017, at 11:00 AM. Deposition due by 6/1/2017. (Signed by Judge J. Paul Oetken on 4/27/2017) (ap) Modified on 5/15/2017 (ap). |
Set/Reset Deadlines: (Expert Discovery due by 7/14/2017. Fact Discovery due by 5/1/2017.) Set/Reset Hearings: (Status Conference set for 6/6/2017 at 11:00 AM before Judge J. Paul Oetken.) (ap) |
Filing 44 THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Jean L. Schmidt dated April 25, 2017. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Proposed Revised Civil Case Management Plan and Scheduling Order, #2 Proposed Briefing Schedule With Respect to Defendants' Motion for Summary Judgment)(Clark, Shawn) |
Filing 43 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 5/1/2017. Deposition due by 6/14/2017. Expert Discovery due by 6/14/2017. This case is to be tried to a jury. Best estimate of the length of trial is 7-10 days. Case Management Conference set for 5/17/2017, at 10:45 AM, before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 03/10/2017) (ap) Modified on 3/17/2017 (ap). |
Filing 42 ORDER granting #41 Letter Motion for Extension of Time to Complete Discovery. GRANTED. THE CONFERENCE SCHEDULED FOR APRIL 17, 2017, IS HEREBY ADJOURNED TO MAY 17, 2017, AT 10:45 AM. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 41 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Jean L. Schmidt dated March 9, 2017. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Proposed Civil Case Management Plan and Scheduling Order)(Schmidt, Jean) |
Filing 40 LETTER addressed to Judge J. Paul Oetken from Debra L. Raskin dated December 29, 2016 re: Defendants' Reply Motion to Amend. Document filed by Adam Sandler. (Attachments: #1 Exhibit A)(Raskin, Debra) |
Filing 39 DECLARATION of Reza Yassari, M.D. in Support re: #30 SECOND MOTION for Leave to File Amended Answer .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Clark, Shawn) |
Filing 38 REPLY MEMORANDUM OF LAW in Support re: #30 SECOND MOTION for Leave to File Amended Answer . . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Clark, Shawn) |
Filing 37 ORDER: terminating #27 Letter Motion for Discovery. Having reviewed Plaintiff's November 30, 2016, letter motion for discovery (Dkt. No. 27), and Defendants' response opposing that motion (Dkt. No. 29), it is hereby ORDERED that: Plaintiff's request to compel the production of documents concerning the Neurosurgery Department's monthly "Morbidity and Mortality" meetings, pursuant to Plaintiff's Document Request No. 19, is GRANTED; Plaintiff's request to compel the production of personnel files of attending physicians who supervised him, pursuant to Plaintiff's Document Request No. 23, is GRANTED in part. Defendants shall produce any complaints of discrimination based on either race or religion made against (i) all attending physicians in the Neurosurgery Department and (ii) all attending physician who directly supervised Plaintiff during the relevant time period; Plaintiff's request to compel the production of documents related to Defendants' litigation hold is DENIED without prejudice. The Clerk of Court is directed to close the motion at Docket Number 27.SO ORDERED. (Signed by Judge J. Paul Oetken on 12/21/2016) (ama) |
Filing 36 DECLARATION of Adam Sandler in Opposition re: #30 SECOND MOTION for Leave to File Amended Answer .. Document filed by Adam Sandler. (Raskin, Debra) |
Filing 35 DECLARATION of Ming-Qi Chu in Opposition re: #30 SECOND MOTION for Leave to File Amended Answer .. Document filed by Adam Sandler. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Raskin, Debra) |
Filing 34 MEMORANDUM OF LAW in Opposition re: #30 SECOND MOTION for Leave to File Amended Answer . . Document filed by Adam Sandler. (Raskin, Debra) |
Filing 33 DECLARATION of Jean L. Schmidt in Support re: #30 SECOND MOTION for Leave to File Amended Answer .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit A: Proposed Second Amended Answer)(Schmidt, Jean) |
Filing 32 DECLARATION of Reza Yassari, M.D. in Support re: #30 SECOND MOTION for Leave to File Amended Answer .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 31 MEMORANDUM OF LAW in Support re: #30 SECOND MOTION for Leave to File Amended Answer . . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 30 SECOND MOTION for Leave to File Amended Answer . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Schmidt, Jean) |
Filing 29 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Jean L. Schmidt dated December 5, 2016 re: #27 LETTER MOTION for Discovery addressed to Judge J. Paul Oetken from Debra L. Raskin dated November 30, 2016. . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 28 ORDER granting #26 Letter Motion for Extension of Time. GRANTED. ALL FACT DISCOVERY SHALL BE COMPLETED BY MARCH 31, 2017. THE CONFERENCE SCHEDULED FOR JANUARY 13, 2017, IS HEREBY ADJOURNED TO APRIL 17, 2017, AT 10:30 A.M. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 27 LETTER MOTION for Discovery addressed to Judge J. Paul Oetken from Debra L. Raskin dated November 30, 2016. Document filed by Adam Sandler. (Attachments: #1 Exhibit A, #2 Exhibit B)(Raskin, Debra) |
Filing 26 LETTER MOTION for Extension of Time addressed to Judge J. Paul Oetken from Debra L. Raskin dated November 30, 2016. Document filed by Adam Sandler. (Attachments: #1 Exhibit A)(Raskin, Debra) |
Filing 25 NOTICE OF APPEARANCE by Ming-Qi Chu on behalf of Adam Sandler. (Chu, Ming-Qi) |
Filing 24 NOTICE OF APPEARANCE by Shawn Matthew Clark on behalf of Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Clark, Shawn) |
Filing 23 STIPULATION AND PROTECTIVE ORDER OF CONFIDENTIALITY AND FRE 502(D) AND (E) CLAW BACK AGREEMENT AND ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/07/2016) (ama) |
Filing 22 REPLY MEMORANDUM OF LAW in Support re: #17 MOTION for Leave to File Amended Answer . . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 21 MEMORANDUM OF LAW in Opposition re: #17 MOTION for Leave to File Amended Answer . . Document filed by Adam Sandler. (Raskin, Debra) |
Filing 20 DECLARATION of Debra L. Raskin in Opposition re: #17 MOTION for Leave to File Amended Answer .. Document filed by Adam Sandler. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Raskin, Debra) |
Filing 19 DECLARATION of Jean L. Schmidt in Support re: #17 MOTION for Leave to File Amended Answer .. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Attachments: #1 Exhibit A: Proposed Amended Answer)(Schmidt, Jean) |
Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION for Leave to File Amended Answer . . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 17 MOTION for Leave to File Amended Answer . Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Schmidt, Jean) |
Filing 16 ORDER granting #15 Letter Motion for Extension of Time. GRANTED. DEFENDANTS SHALL FILE THEIR MOTION TO AMEND DEFENDANTS' ANSWER ON OR BEFORE SEPTEMBER 13, 2016. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 15 LETTER MOTION for Extension of Time to File Motion to Amend Defendants' Answer addressed to Judge J. Paul Oetken from Jean L. Schmidt dated September 9, 2016. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Schmidt, Jean) |
Filing 14 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All Parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). All Fact Discovery due by 1/9/2017. Deposition due by 1/9/2017. All Expert Discovery due by 2/23/2017. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 7-10 days. The next Case Management Conference set for 1/13/2016 at 10:30 AM before Judge J. Paul Oetken. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/10/2016) (ama) |
Minute Entry for proceedings held before Judge J. Paul Oetken: Initial Pretrial Conference held on 8/10/2016. Next PTC set for Jan. 13th, 2017, at 10:30am. (See transcript). (Court Reporter Steven Greenblum) (Skolnik, Brandon) |
Filing 13 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Chatlani, Hema) |
Filing 12 ORDER: Initial Conference set for 8/10/2016 at 11:00 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 7/22/2016) (kko) |
MEDIATOR SESSION NOT HELD Mediator Session scheduled for 7/21/2016 at 40 Foley Square was NOT held.(mf) |
MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 7/21/2016, 10:00 AM at the U.S. Courthouse located at 40 Foley Square New York, NY 10007.(cda) |
Mediator Session Held on 6/28/2016 at Office of Defendant's Counsel.(mf) |
MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 6/28/2016, 10:00 AM at the Offices of Defendant's Counsel.(cda) |
Filing 10 NOTICE OF APPEARANCE by Jonathan Krop on behalf of Adam Sandler. (Krop, Jonathan) |
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 7/1/2016.(cda) |
Filing 9 ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (http://nysd.uscourts.gov/mediation). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 6/10/2016. (Signed by Judge Loretta A. Preska on 10/1/15) (mf) |
Filing 8 NOTICE OF APPEARANCE by Hema Chatlani on behalf of Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Chatlani, Hema) |
Filing 7 ANSWER to #1 Complaint,. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari.(Schmidt, Jean) |
Filing 6 NOTICE OF APPEARANCE by Jean L. Schmidt on behalf of Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Schmidt, Jean) |
Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Montefiore Health System, Inc. for Albert Einstein College of Medicine, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc.; Corporate Parent Montefiore Medicine Academic Health System, Inc. for Montefiore Health System, Inc.. Document filed by Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc..(Schmidt, Jean) |
Filing 4 ELECTRONIC SUMMONS ISSUED as to Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (rch) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Debra L. Raskin. The party information for the following party/parties has been modified: Adam Sandler. The information for the party/parties has been modified for the following reason/reasons: party title omitted. (rch) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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. (rch) |
Case Designated ECF. (rch) |
Magistrate Judge Kevin Nathaniel Fox is so designated. (rch) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Montefiore Health System, Inc.; Montefiore Medical Center; Montefiore Medicine Academic Health System, Inc.; Albert Einstein College of Medicine, Inc.; and Reza Yassari, re: #1 Complaint,. Document filed by Adam Sandler. (Attachments: #1 Rider for Summons)(Raskin, Debra) |
Filing 2 CIVIL COVER SHEET filed. (Raskin, Debra) |
Filing 1 COMPLAINT against Albert Einstein College of Medicine, Inc., Montefiore Health System, Inc., Montefiore Medical Center, Montefiore Medicine Academic Health System, Inc., Reza Yassari. (Filing Fee $ 400.00, Receipt Number 0208-12114820)Document filed by Adam Sandler. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Raskin, Debra) |
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