Kerr v. Physician Affiliate Group of New York P.C. et al
| Andrew Kerr |
| Physician Affiliate Group of New York P.C. and Hussein Matari |
| 1:2017cv01777 |
| March 9, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E. Caproni |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing
277
ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the pa rties' settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 7.A of the Court's Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/25/2022) (tg)
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Filing
273
ORDER: IT IS HEREBY ORDERED THAT the parties must submit a joint update regarding the status of settlement negotiations not later than August 17, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/10/2022) (tg)
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Filing
271
ORDER: A representative from the Office of the New York City Comptroller with full settlement authority is required to attend the settlement conference in the above-captioned case on June 14, 2022, at 9:30am in Courtroom 18D, 500 Pearl Street, New York, NY 10007. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 6/7/2022) (mml)
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Filing
249
ORDER: IT IS HEREBY ORDERED that, for the reasons discussed on the record at the close of trial on Friday, April 29, 2022, the parties must submit a joint status report not later than Friday, May 6, 2022, with Plaintiff's proposed form of j udgment and a suggested timetable for Plaintiff's fee application and Defendants' anticipated post-trial motion. If Defendants do not consent to the proposed form of judgment, they must file their objections with the Court not later than May 13, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/2/2022) (tg)
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Filing
241
ORDER: IT IS HEREBY ORDERED THAT the parties must appear for a telephonic conference on April 28, 2022, at 11:00 a.m. The parties must appear for the proceeding by calling (888) 363-4749 // Access Code: 3121171# // Security Code 1777#. The parties must be prepared to discuss the jury charge and verdict sheet at the conference. All of those accessing the conference are reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED., ( Telephone Conference set for 4/28/2022 at 11:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/27/2022) (ama)
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Filing
238
ORDER: IT IS HEREBY ORDERED THAT the parties must, in advance of the Final Pre-trial Conference scheduled for April 8, 2022 at 10:30 a.m., review their lists of proposed witnesses and exhibits and determine whether any should be removed from the l ist. Each party must inform the Court, not later than 5:30 p.m. on April 7, 2022, of any proposed witness or exhibit that is being withdrawn. IT IS FURTHER ORDERED that the parties must be prepared to discuss at the Final Pre-Trial Conference the ir objections to the opposing party's exhibits and their answers to their opponent's objections to any proposed exhibit, as the Court expects to rule on the admissibility of most exhibits at the conference. IT IS FURTHER ORDERED that the parties must be prepared to discuss the approximate length of the direct examination of any witness that party plans to call in its case in chief. SO ORDERED. ( Final Pretrial Conference set for 4/8/2022 at 10:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/6/2022) (tg)
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Filing
237
ORDER: IT IS HEREBY ORDERED THAT the parties must be prepared to discuss at the Final Pre-Trial Conference why the Court should not preclude proposed witnesses who appear to be providing cumulative testimony. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/31/2022) (tg)
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Filing
230
ORDER: WHEREAS the Court is prepared to request an in-person trial date for the first quarter of 2022; IT IS HEREBY ORDERED THAT, no later than 12:00 p.m. EST on November 12, 2021, the parties must confer and provide the Court with three mutually convenient dates in the first quarter of 2022 to begin trial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/10/2021) (tg)
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Filing
229
ORDER: IT IS HEREBY ORDERED THAT the final pretrial conference is CANCELLED. The Court will set a new conference date after it has determined a new date for trial. SO ORDERED. ***Hearings Terminated*** The following hearing(s) was terminated: Final Pretrial Conference. (Signed by Judge Valerie E. Caproni on 10/14/2021) (jca)
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Filing
228
ORDER: IT IS HEREBY ORDERED THAT the parties must appear for a teleconference on October 14, 2021 at 5:30 p.m. to discuss the schedule. The parties must appear for the conference by dialing 888-363-4749, using the access code: 3121171 and the security code 1777. SO ORDERED. (Telephone Conference set for 10/14/2021 at 05:30 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/13/2021) (jca)
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Filing
227
ORDER: On June 8, 2021, the Court informed the parties that it would request an in-person trial date in late October or early November 2021, subject to availability and the status of the COVID-19 pandemic. See Dkt. 221. The Clerks Office has now n otified the Court that this case has been placed on the standby jury trial list for the week of October 25, 2021. This case is number three on the standby list. This means that the case will not proceed the week of October 25, 2021, if the other t rials scheduled for that week go forward. If the case cannot proceed during the week of October 25, 2021, the Court will seek another jury trial date for as soon as possible thereafter. The parties must be prepared for trial to commence at any tim e between October 25, 2021 and November 12, 2021. As soon as the Court receives a firm trial date during that two-week window, it will inform the parties. Unless the Court orders otherwise, the final pretrial conference will be held in person on October 21, 2021 at 2:00 p.m. ( Final Pretrial Conference set for 10/21/2021 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/30/2021) (tg)
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Filing
224
ORDER : WHEREAS trial in this case is scheduled to commence in the fourth quarter of 2021; IT IS HEREBY ORDERED THAT: 1. The final pretrial conference scheduled for July 1, 2021 is adjourned sine die. The Court will set a new date for th e final pretrial conference when it receives a firm trial date for this case. 2. No later than August 1, 2021, the parties must submit a letter indicating whether all parties, attorneys, and witnesses have been fully vaccinated against COVID-19 or will be by October 1, 2021. (Signed by Judge Valerie E. Caproni on 6/30/2021) (vfr)
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Filing
219
ORDER: IT IS HEREBY ORDERED THAT: The parties must appear for a teleconference on June 4, 2021 at 3:30 p.m. The parties must appear for the conference by dialing 888-363-4749, using the access code: 3121171 and the security code 1777. SO ORDERED. (Telephone Conference set for 6/4/2021 at 03:30 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/4/2021) (anc)
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Filing
218
ORDER: WHEREAS trial in this case is tentatively scheduled to commence on July 26, 2021 at 10:00 a.m.; IT IS HEREBY ORDERED THAT: In light of the CDC's announcement dated May 16, 2021, that fully vaccinated people can remove their masks indoors , the Court strongly urges all lawyers and parties to get vaccinated as soon as possible. Although the Southern District of New York has not yet changed its mask requirements, it is conceivable that the requirements will change by the time this case begins trial so that persons who have been vaccinated need not be masked in court. SO ORDERED., ( Jury Trial set for 7/26/2021 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 5/28/2021) (ama)
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Filing
217
ORDER: IT IS HEREBY ORDERED THAT: The parties should be prepared to begin trial on July 26, 2021 at 10:00 a.m. On March 24, 2021, counsel for Mr. Kerr indicated that she would be unavailable "from July 9 to July 20." Counsel did not indic ate that she had any scheduling conflicts after July 20, 2021. Dkt. 208 at 14-18. Following the conference, in an email to all counsel dated March 24, 2021, the Court directed the parties to inform the Court immediately if counsel's travel pla ns or availability in July changed at any point in the subsequent months. The Court did not receive notice from any attorney regarding unavailability after July 20, 2021. The Court will inform the parties as soon as it receives a firm trial date. A final pretrial conference will be held on July 1, 2021 at 10:00 a.m. The conference will be held in person at 40 Foley Square in Courtroom 443. The Court reminds the parties to review the relevant standing orders regarding courthouse entry and to c omply with the requirement to wear either (i) one disposable mask underneath a cloth mask with the edges of the inner mask pushed against the face; or (ii) one properly-fitted, FDA-authorized KN95 (or N95) mask. Gaiters, bandannas, and masks with val ves are not permitted. SO ORDERED., ( Final Pretrial Conference set for 7/1/2021 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni., Jury Trial set for 7/26/2021 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 5/13/2021) (ama)
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Filing
215
ORDER: WHEREAS trial in this case is scheduled to begin on August 2, 2021; IT IS HEREBY ORDERED THAT: No later than May 13, 2021, the parties are directed to submit a letter indicating whether there have been any changes in the attorneys' personal schedules such that this case could commence trial in July 2021. (Signed by Judge Valerie E. Caproni on 5/11/2021) (nb)
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Filing
207
ORDER: WHEREAS trial in this case is scheduled to begin on June 21, 2021; IT IS HEREBY ORDERED THAT: 1. The trial is adjourned sine die. The parties should be prepared to go to trial some time in August, 2021. As soon as the Court receives a firm tr ial date, it will inform the parties. 2. The joint pretrial order, requests to charge, and proposed voir dire questions are due by April 30, 2021. SO ORDERED., ( Pretrial Order due by 4/30/2021.) (Signed by Judge Valerie E. Caproni on 3/24/2021) (ama)
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Filing
202
ORDER: The Clerk's Office has now notified the Court that this case has been placed on the jury trial list for June 21, 2021. The case must be trial-ready for that date. The case is second on the list for jury trials for that day. This means that the case will not proceed on June 21, 2021, if the other trial scheduled for that date goes forward. The Court has considered Mr. Flannery's request that the trial date in this case be adjusted in light of a potential conflict with the t rial before Judge Briccetti (16-CV-5900), but it cannot accommodate the request. See Dkt. 201. In light of the fact that both trials are more than three months away, the Court is confident that a law firm as large as Wilson Elser can accommodate staffing for both trials. A final pretrial conference will be held in person on June 17, 2021 at 2:00 p.m. As previously directed, the joint pretrial order, requests to charge, and proposed voir dire questions are due by March 31, 2021. ( Pretrial Order due by 3/31/2021., Ready for Trial by 6/21/2021., Final Pretrial Conference set for 6/17/2021 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/5/2021) (cf)
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Filing
198
ORDER: granting in part and denying in part 172 Motion in Limine; granting in part and denying in part 173 Motion in Limine. IT IS HEREBY ORDERED THAT: For the reasons stated at oral argument, Plaintiff's motion is granted in part and den ied in part. Defendants motion is also granted in part and denied in part. As previously directed, the joint pretrial order, requests to charge, and proposed voir dire questions are due by March 31, 2021. Trial in this case will begin on June 28, 202 1 at 10:00 a.m. A final pretrial conference will be held in person on June 24, 2021 at 2:00 p.m. The Clerk of Court is directed to close the open motions at docket entries 172 and 173. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 2/01/2021) (ama)
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Filing
197
ORDER: WHEREAS oral argument on the parties' motions in limine is scheduled for February 1, 2021 at 10:00 a.m.; IT IS HEREBY ORDERED THAT: Oral argument will take place through Skpe video. Links to appear via video will be sent to counsel directly. Members of the public may attend the hearing by dialing 917-933-2166, using the conference ID 548198048. (Signed by Judge Valerie E. Caproni on 1/27/2021) (cf)
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Filing
195
ORDER: IT IS HEREBY ORDERED THAT: No later than January 26, 2021, Plaintiff must submit a letter, no more than four pages single-spaced, responding to the following issues raised in Defendants' reply brief. First, Plaintiff must respond to Defen dants' request to exclude evidence regarding the dismissed discrimination claim. See Dkt. 194 at 1-4. Plaintiff should simply indicate whether he intends to introduce the evidence that Defendants are moving to exclude; the Court will give Plaint iff ample time during oral argument to explain why he disagrees with Defendants. Second, Plaintiff must explain the basis for Dr. Leslie Kerr's opinion that Dr. Matari's treatment of Plaintiff caused his injuries. Plaintiff should also respond to Defendants' claim that Plaintiff failed to comply with Federal Rule of Civil Procedure 26(a)(2)(C). SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/19/2021) (ama)
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Filing
190
ORDER: IT IS HEREBY ORDERED THAT: Trial in this case will begin on June 28, 2021 at 10:00 a.m. The Court is hopeful that the number of COVID-19 cases will be sufficiently low by that point that the trial can proceed, given the COVID precautions that are in place in this district. All parties, attorneys, and any anticipated witnesses are encouraged to get vaccinated as soon as possible in their state. A final pretrial conference will be held on June 24, 2021 at 2:00 p.m. The joint pretrial order, requests to charge, and proposed voir dire questions are due by March 31, 2021. Oral argument on the parties' motions in limine will proceed as scheduled on February 1, 2021. See Dkt. 189. SO ORDERED., ( Joint Pretrial Order due by 3/31/2021., Final Pretrial Conference set for 6/24/2021 at 02:00 PM before Judge Valerie E. Caproni., Jury Trial set for 6/28/2021 at 10:00 AM before Judge Valerie E. Caproni., Oral Argument set for 2/1/2021 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/14/2021) (ama)
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Filing
189
ORDER: IT IS HEREBY ORDERED THAT: Oral argument on the parties motions will be held on February 1, 2021 at 10:00 a.m. The parties must appear for the hearing by dialing 888-363-4749, using the access code 3121171 and the security code 1777. No later than January 15, 2021, Defendants must submit a reply brief, no more than ten pages double-spaced, addressing the following three issues as set forth in this order. So Ordered. (Oral Argument set for 2/1/2021 at 10:00 AM before Judge Valerie E. Caproni.), (Replies due by 1/15/2021.) (Signed by Judge Valerie E. Caproni on 1/5/2021) (js)
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Filing
188
ORDER: WHEREAS trial in this case is scheduled to begin on January 26, 2021; IT IS HEREBY ORDERED THAT: 1. The trial date is adjourned sine die. The parties will receive at least one month notice of the new trial date. 2. The deadline to submit a joint pretrial order, requests to charge, and proposed voir dire questions is adjourned sine die. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/16/2020) (ks)
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Filing
187
ORDER: IT IS HEREBY ORDERED THAT: A teleconference will be held on December 16, 2020 at 2:00 p.m. The parties must appear for the hearing by dialing (888) 363-4749, using the access code 3121171 and the security code 1777. Any recording of the hearing is strictly prohibited. SO ORDERED., ( Telephone Conference set for 12/16/2020 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 12/10/2020) (ama)
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Filing
186
ORDER: WHEREAS the Court previously informed the parties that they would receive at least one month notice of the trial date; IT IS HEREBY ORDERED THAT: 1. Trial in this case will begin on January 26, 2021 at 10:00 a.m. 2. A final pretrial conference will be held in person on January 21, 2021 at 2:00 p.m.3. A joint pretrial order, requests to charge, and proposed voir dire questions remain due December 31, 2020. SO ORDERED., ( Pretrial Order due by 12/31/2020., Final Pretrial Conference set for 1/21/2021 at 02:00 PM before Judge Valerie E. Caproni., Jury Trial set for 1/26/2021 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 12/08/2020) (ama)
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Filing
177
ORDER granting 176 Letter Motion for Extension of Time to File. Application GRANTED. Responses to motions in limine are due by December 2, 2020. The joint pretrial order, requests to charge, and proposed voir dire questions remain due December 16, 2020. As previously indicated, the parties will receive at least one month notice of the trial date. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/13/2020) (rro)
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Filing
171
ORDER: Whereas Defendants moved against Plaintiff for spoliation sanctions; and whereas the Honorable Valerie E. Caproni, U.S.D.J., granted Defendants' motion with an award of attorneys fee (Dkt. 140); and whereas Judge Caproni referred deter mination of the amount of attorneys fees to the undersigned (Dkt. 146); and whereas the parties subsequently agreed to have the matter resolved by the undersigned; and whereas the Court has received and reviewed the parties' submissions and d iscussed the matter with the parties; The attorneys' fees issue is hereby resolved as follows: the amount of attorneys' fees, to be paid by Plaintiff to Defendants within 30 days of this Order, is $40,000. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/15/2020) Copies transmitted to all counsel of record. (mml)
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Filing
170
ORDER: As discussed during the conference held on September 3, 2020, regarding the procedure for resolving the issue of attorneys' fees associated with Defendants' successful spoliation motion, no later than Thursday, September 10, 2020: ( 1) Defendants shall provide the Court with the material previously provided to Plaintiff in support of Defendants' application for attorneys' fees; (2) Plaintiff shall provide the Court and Defendants with a concise letter setting forth Pla intiff's challenges to the fee application (Plaintiff need only provide examples of each type of challenge, and need not identify every example); and (3) both Plaintiff and Defendants, at their option, shall separately submit a letter to Court providing any information they think would be useful for the Court to know in resolving the dispute. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/3/2020) Copies transmitted to all counsel of record. (mml)
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Filing
167
ORDER: Whereas the issue of the amount of attorney's fees to be awarded in connection with Defendants' motion for spoliation sanctions was deferred pending a settlement conference, and whereas that conference took place but the case rema ins unresolved, by September 1, 2020, the parties shall submit a joint proposal for resolving the attorney's fees issues in an efficient manner and a schedule for same. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/20/2020) Copies transmitted to all counsel of record. (mml)
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Filing
157
ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Cler k of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. So Ordered. (Signed by Judge Valerie E. Caproni on 6/11/2020) (js)
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Filing
154
ORDER granting 153 Letter Motion to Stay. Application GRANTED. Trial in this case will begin on October 5, 2020 at 10:00 a.m. The parties must appear for a final pretrial conference on October 1, 2020 at 2:30 p.m. No later than August 21, 2020, t he parties must submit a joint pretrial order, joint requests to charge, and proposed voir dire questions. Motions in limine must be filed August 21, 2020. Responses are due by September 4, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/26/2020) (va)
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Filing
143
ORDER: IT IS HEREBY ORDERED THAT: 1. Trial will commence with jury selection on June 9, 2020 at 10:00 a.m. The parties must appear for a Final Pretrial Conference on May 28, 2020 at 2:30 p.m. No later than April 24, 2020, the parties must submit a joint pretrial order, joint requests to charge, and proposed voir dire questions, following this Court's Individual Practices in Civil Cases, Rule 8. 2. Motions in limine must be filed no later than April 24, 2020. Responses must be filed no l ater than May 8, 2020. There will be no replies. 3. By separate order today, the Court will refer the parties to a settlement conference with Magistrate Judge Lehrburger. SO ORDERED. ( Motions due by 4/24/2020., Pretrial Order due by 4/24/2020., Responses due by 5/8/2020, Final Pretrial Conference set for 5/28/2020 at 02:30 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 2/18/2020) (va)
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Filing
140
ORDER: granting in part 99 Motion for Sanctions; granting in part and denying in part 103 Motion for Summary Judgment; granting in part and denying in part 104 Motion for Summary Judgment. IT IS HEREBY ORDERED THAT: 1. For the reasons stated on the record at the hearing, Defendants' motion for summary judgment is granted in part and denied in part. Defendants' motion for spoliation sanctions is granted in part. 2. No later than February 18, 2020, the parties must submit a join t letter indicating whether they request a referral to Magistrate Judge Lehrburger for a settlement conference and providing the Court with three mutually agreeable trial dates in May 2020 or June 2020. The Clerk of Court is respectfully directed to close the open motions at dockets 99, 103, and 104. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/11/2020) (ama)
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Filing
139
ORDER: IT IS HEREBY ORDERED THAT: The parties must appear for oral argument on Defendants' motion on February 11, 2020 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse. The parties must be prepared to discuss, inter alia: (1) what evidence in the record, if any, describes the exact requirements for the certification exam Dr. Mousavi was preparing to take and when exactly Dr. Mousavi fulfilled those requirements; and (2) the evidence in the record, if any, supporting P laintiff's claim that he was denied daily IR procedures after April 2017. SO ORDERED., ( Oral Argument set for 2/11/2020 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/23/2020) (ama)
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