Wellner, M.D. v. Montefiore Medical Center
| Dr. Rachel Wellner, M.D. |
| Montefiore Medical Center |
| 1:2017cv03479 |
| May 10, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Katherine Polk Failla |
| Americans with Disabilities - Employment |
| 42 U.S.C. ยง 12101 |
| Plaintiff |
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Filing
100
ORDER OF DISCONTINUANCE.... Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within sixty (60) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement i s not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinua nce of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 60-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/3/2023) (vfr)
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Filing
98
ORDER: In light of a conflict with the Court's schedule, the trial in this matter is hereby ADJOURNED to July 10, 2023. The parties are ordered to appear on that date at 9:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 F oley Square, New York, New York. Accordingly, the following schedule will now be in effect: The parties are to exchange drafts of their portions of the Joint Pretrial Order on or before June 5, 2023; The parties' Joint Pretrial Order, motion s in limine, requests to charge, proposed voir dire questions, and any pretrial memoranda of law will be due June 12, 2023; Any opposition papers will be due June 19, 2023; The final pretrial conference will be scheduled for June 27, 2023, at 11: 30 a.m., in Courtroom 618 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. ( Pretrial Order due by 6/12/2023., Responses due by 6/19/2023), ( Final Pretrial Conference set for 6/27/2023 at 11:30 AM in Courtr oom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla., Jury Trial set for 7/10/2023 at 09:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/14/2022) (ate)
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Filing
97
ORDER granting 96 Letter Motion to Adjourn Conference. Application GRANTED. Following the Court's discussion with the parties, the trial in this matter is hereby ADJOURNED to June 20, 2023. The parties are ordered to appear on that date at 9 :00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Accordingly, the parties' deadline to exchange drafts of theirportions of the Joint Pretrial Order is hereby ADJOURNED to May 16, 2023. The parti es' deadline to file the Joint Pretrial Order, motions in limine, requests to charge, proposed voir dire questions, and pretrial memoranda of law (if any), is hereby ADJOURNED to May 23, 2023. Any opposition papers shall be filed by May 30, 2023 . Additionally, the final pretrial conference previously set for April 12, 2023, is hereby ADJOURNED to June 1, 2023, at 2:30 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The Clerk of Court is directed to terminate the pending motion at docket number 96. (Signed by Judge Katherine Polk Failla on 12/2/2022) (rro)
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Filing
86
ORDER denying 72 Motion to Dismiss; denying 84 Letter Motion for Oral Argument. For the reasons stated on the record on March 23, 2022, Defendant's motion to dismiss the case on judicial estoppel grounds, limit damages, and impose sanc tions is DENIED. Furthermore, the Court is hereby reopening discovery for the limited purpose of allowing Defendant to investigate Plaintiff's back condition. Accordingly, the discovery period shall be extended to May 23, 2022, during which ti me Defendant may perform an independent medical examination of Plaintiff and prepare an expert witness report relating to any connection that might exist between Plaintiff's physical condition and her termination. Following the close of thi s extended discovery period, the parties are directed to file a joint letter on or before June 13, 2022, indicating Defendant's intent to file a second motion for summary judgment. If Defendant does not contemplate filing such a motion, the j oint letter shall propose dates in early 2023 on which the parties are available for trial. The Clerk of Court is directed to terminate the pending motions at docket entries 72 and 84. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/23/2022) (tg)
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Filing
62
ORDER, It is hereby ORDERED that the following trial schedule will be in effect: Trial will be set to begin on April 26, 2021, at 9:00 a.m.; The parties' Joint Pretrial Order, motions in limine, requests to charge, proposed voir dire questio ns, and any pretrial memoranda of law will be due March 29, 2021; Any opposition papers will be April 5, 2021; and The final pretrial conference will be scheduled for April 14, 2021, at 4:00 p.m., in Courtroom 618 of the Thurgood Marshall Courthous e, 40 Foley Square, New York, New York. SO ORDERED. ( Motions due by 3/29/2021., Pretrial Order due by 3/29/2021., Responses due by 4/5/2021, Final Pretrial Conference set for 4/14/2021 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla., Jury Trial set for 4/26/2021 at 09:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 9/10/20) (yv)
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Filing
61
ORDER: There is currently a jury trial scheduled in this action for the week of September 21, 2020. However, given the ongoing pandemic, the Court believes it unlikely that a jury trial will be able to proceed in the month of September. Moreover, t he parties have indicated that they do not wish to proceed with a bench trial. Therefore, the Court ADJOURNS the scheduled trial sine die. The Court further ADJOURNS sine die the various deadlines and the final pretrial conference in this action. The Court will contact the parties when it has a sense of when jury trials will be possible. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/14/2020) (rro)
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Filing
58
OPINION AND ORDER: re: 43 MOTION for Summary Judgment filed by Montefiore Medical Center. The Court observes that had Plaintiff been terminated immediately after her arrest and the publication of the news stories, Defendant would almost certainl y face no liability for disability discrimination or retaliation. In this telling, which a jury may very well conclude is the correct one, Defendant's mistake would not be discrimination towards Plaintiff, but excessive generosity in providing h er time to clear her name. Nevertheless, the Court cannot conclude that no reasonable jury could find Plaintiff's allegations of impermissible discrimination and retaliation to be true. For the reasons stated in this Opinion, Defendant's mo tion for summary judgment is DENIED with respect to the claims for disability discrimination and retaliation under the ADA, the NYSHRL, and the NYCHRL. Defendant's motion for summary judgment is GRANTED with respect to Plaintiff's NYSHRL &# 167; 296(16) claim for wrongful termination on the basis of her arrest record. The Clerk of Court is directed to terminate the motion at docket entry 43. The parties are ORDERED to submit a letter to the Court, on or before September 20, 2019, to advise the Court of their availability for trial in the third quarter of 2020, or alternatively, if they wish to proceed with a method of alternative dispute resolution. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/29/2019) (ama)
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