Moore v. Shahine
Plaintiff: Serina Moore
Defendant: Ayman A. Shahine
Case Number: 1:2018cv00463
Filed: January 17, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Kevin Nathaniel Fox
Presiding Judge: Analisa Torres
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1932
Jury Demanded By: Plaintiff
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Date Filed Document Text
March 4, 2021 Opinion or Order Filing 113 CLERK'S JUDGMENT re: 112 Order on Motion for Summary Judgment. in favor of Ayman A. Shahine against Serina Angellica Moore. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 4, 2021, Defendant's motion for summary judgment is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/4/2021) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.
January 21, 2021 Opinion or Order Filing 111 ORDER re: 110 Letter, filed by Serina Angellica Moore. The plaintiff filed a letter with the court, Docket Entry No.110, dated January 6, 2021, through which she appears to request that the Court reconsider its December 4, 2020 order denyi ng the plaintiff's motions to amend her complaint. Local Civil Rule 6.3 of this court requires that a motion for reconsideration be made 14 days after entry of the relevant determination of a court. Therefore, the plaintiff's applicatio n for reconsideration is untimely. The Rule also requires that reconsideration be requested via a Notice of Motion filed with a memorandum of law setting forth concisely the matters or controlling decisions the movant believes a court has overloo ked. The plaintiff filed neither a Notice of Motion nor a memorandum identifying the matters or controlling decisions she contends the Court overlooked. Therefore, even if the plaintiff's request for reconsideration had been made timely and properly, her failure to set forth the matters and controlling decisions she believes the Court overlooked dooms her reconsideration request. For the above-stated reasons, the plaintiff's request for reconsideration, Docket Entry No. 110, is denied with prejudice. The Clerk of Court is directed to mail a copy of this order to the plaintiff. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/21/2021) (va) Transmission to Docket Assistant Clerk for processing.
September 14, 2020 Opinion or Order Filing 101 ORDER: The September 3, 2020 order of the Court respecting the preparation and submission of the parties' joint pretrial order is hereby vacated. A schedule for submission of the joint pretrial order, if warranted, will be determined afte r the outstanding summary judgment motion is resolved. The Clerk of Court is directed to mail a copy of this order to the plaintiff. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/14/2020) (va) Transmission to Docket Assistant Clerk for processing.
September 3, 2020 Opinion or Order Filing 98 ORDER, By a letter, Docket Entry No. 96, the plaintiff, who is proceeding pro se, requested that the: 1) time for her to submit material to the defendant in connection with the parties' preparation of their joint pretrial order be enlarged; a nd 2) time for the parties to submit their joint pretrial order be enlarged. The plaintiff's requests are granted. On or before September 18, 2020, she shall submit the requisite material to the defendant. The parties shall submit their joint pretrial order to the court on or before October 2, 2020. The Clerk of Court is directed to mail a copy of this order to the plaintiff. SO ORDERED. ( Pretrial Order due by 10/2/2020.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/3/20) (yv) Transmission to Docket Assistant Clerk for processing.
August 31, 2020 Opinion or Order Filing 97 ORDER: In a letter, Docket Entry No. 95, the plaintiff, who is proceeding pro se, indicated that she wishes to modify her pleadings. The plaintiff's request to modify her pleadings must be made via a motion, pursuant to the relevant provisio n(s) of the Federal Rules of Civil Procedure and Local Civil Rule 7.1 of this court. The plaintiff shall review the relevant rules and proceed accordingly. The Clerk of Court is directed to mail a copy of this order to the plaintiff. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/31/2020) (va) Transmission to Docket Assistant Clerk for processing.
June 10, 2020 Opinion or Order Filing 94 MEMORANDUM AND ORDER denying 81 Motion to Stay. For the foregoing reasons, the defendant's motion to stay this action, Docket Entry No. 81, is denied. The Clerk of Court is directed to mail a copy of this Order to the plaintiff. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/10/2020) (va) Transmission to Docket Assistant Clerk for processing.
June 3, 2020 Opinion or Order Filing 92 ORDER with respect to 81 Motion to Stay. On March 31, 2020, the defendant made a motion to stay this action "pending resolution of a parallel filed and nearly identical proceeding currently pending in the Supreme Court of the State of N ew York, County of New York. See Serina Moore v. Ayman Shahine, M.D., index No. 100188/2018." On or before June 8, 2020, the defendant shall file and serve a letter informing the Court of the status of the state-court proceeding referenced in his motion. The Clerk of Court is directed to mail a copy of this Order to the plaintiff. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/3/2020) (va) Transmission to Docket Assistant Clerk for processing.
February 28, 2020 Opinion or Order Filing 74 ORDER: On February 24, 2020, Defendant filed a motion to stay this action. ECF No. 70. It is ORDERED that: 1. By March 27, 2020, Plaintiff shall file her opposition, if any; 2. By April 10, 2020, Defendant shall file any reply. The Clerk of Court is directed to mail a copy of this order to the Plaintiff pro se. ( Responses due by 3/27/2020, Replies due by 4/10/2020.) (Signed by Judge Analisa Torres on 2/28/2020) (cf) Transmission to Docket Assistant Clerk for processing.
December 10, 2019 Opinion or Order Filing 61 ORDER re: 60 Letter filed by Serina Angellica Moore. The Clerk of Court shall seal the paper version of the document associated with Docket Entry No. 60; that document is in the file maintained by the Clerk of Court for this action. The Clerk of Court shall also seal ECF Docket Entry No. 60. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/10/2019) Copies Mailed By Chambers. (ks) Transmission to Sealed Records Clerk for processing.
December 4, 2019 Opinion or Order Filing 59 MEMORANDUM AND ORDER denying 53 Motion to Compel. The Court notes that the defendant's opposition to the motion does not include a memorandum oflaw as required by Local Civil Rule 7.1(b) of this court. Instead, the defendant made, impr operly, citation to case law and legal arguments through his counsel's affirmation, a document that should contain factual information only. Therefore, the defendant's opposition to Moore's motion was also procedurally defective . Owing to the procedural deficiencies in Moore's "Motion to Compel," granting Moore the relief she seeks, through that document, is not warranted. Therefore, Moore's "Motion to Compel," Docket Entry No. 53, is denied. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/4/2019) Copies mailed by Chambers. (ks)
November 14, 2019 Opinion or Order Filing 56 ORDER: A settlement conference was scheduled to be held in the above-captioned action on November 14, 2019, at 2:30 p.m., in courtroom 228, 40 Centre Street, New York, New York. Defendant's counsel has advised the Court that the defendant no w resides in China and is unable to attend the conference. Consequently, the settlement conference is cancelled. Should the parties wish to reschedule the settlement conference, they are directed to provide to the Court, through a joint writing, three dates on which all parties are available to participate in the conference. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/14/2019) Copies Mailed By Chambers. (ks)
May 31, 2019 Opinion or Order Filing 45 MEMORANDUM AND ORDER: Plaintiff Serina Moore ("Moore"), who is proceeding pro se in this action brought pursuant to the court's diversity jurisdiction, 28 U.S.C. § 1332, has made an application for the Court to appoint counse l to assist her in prosecuting this case; as further set forth herein. Having considered the various factors outlined in Hodge, supra, the Court finds that it would be reasonable and appropriate to grant Moore's application for appointm ent of counsel. Therefore, the Office of Pro Se Litigation for this judicial district is directed to request pro bono counsel for plaintiff in accordance with the applicable procedures. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/30/2019) Copies Mailed By Chambers. (mro)
February 27, 2019 Opinion or Order Filing 41 ORDER for 29 Motion to Dismiss filed by Ayman A. Shahine, 38 Report and Recommendations. The Court has reviewed de novo those portions of the R&R to which Defendant properly objects and has reviewed the remainder of the R&R for clear error. For the reasons stated above, Defendant's objections are OVERRULED and the Court ADOPTS the R&R in its entirety. Defendant's motion to dismiss under Rule 12(b)(6) is DENIED as untimely. Additionally, Defendant's motion for judgment on the pleadings under Rule 12(c) is GRANTED with respect to any cause of action based on intentional tort and DENIED with respect to the cause of action for negligence based on lack of informed consent. The Clerk of Court is directed to terminate the motion at ECF No. 29 and to mail a copy of this order to Plaintiff pro se. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 2/27/2019) (cf) Transmission to Docket Assistant Clerk for processing.
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