Kairam, M.D. v. West Side GI, LLC
Plaintiff: Indira Kairam, M.D.
Defendant: West Side GI, LLC
Case Number: 1:2018cv01005
Filed: February 5, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Analisa Torres
Nature of Suit: Other Labor Litigation
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
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Date Filed Document Text
January 30, 2024 Opinion or Order Filing 407 ORDER On January 26, 2024, Plaintiff moved for reconsideration pursuant to Local Civil Rule 6.3. ECF No. 401. By February 13, 2024, Defendants shall file their opposition papers, if any. SO ORDERED. (Responses due by 2/13/2024) (Signed by Judge Analisa Torres on 1/30/2024) (jca)
January 29, 2024 Opinion or Order Filing 402 ORDER with respect to 401 Motion for Reconsideration re 400 Order Adopting Report and Recommendations. By order dated January 12, 2024, the Court overruled Plaintiff's objections to the HonorableStewart D. Aaron's report and recomme ndation, and dismissed Plaintiffs fraud and negligent-misrepresentation claims. See ECF No. 400. On January 26, 2024, Plaintiff moved forreconsideration pursuant to Local Civil Rule 6.3. ECF No. 401. Local Civil Rule 6.3 requires themoving party to "serve[] with the notice of motion a memorandum setting forth concisely the mattersor controlling decisions which counsel believes the Court has overlooked." Plaintiff has not done so.By January 30, 2024, at 12 p.m., Plaintiff shall file her memorandum of law in support.SO ORDERED. (Signed by Judge Analisa Torres on 1/29/2024) (va)
January 12, 2024 Opinion or Order Filing 400 ORDER: Adopting REPORT AND RECOMMENDATION: for 372 Report and Recommendation. Plaintiff's objections are otherwise conclusory and general or restate the parties' original arguments. Wallace, 2014 WL 2854631, at *1; Bailey, 2014 WL 2855 041, at *1. Thus, the Court has reviewed the remainder of the thorough and well-reasoned R&R for clear error and finds none. For the foregoing reasons, the Court OVERRULES Plaintiff's objections to the R&R and ADOPTS the R&R in its entirety. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 329 and 383. SO ORDERED. (Signed by Judge Analisa Torres on 1/12/2024) (ama) Transmission to Orders and Judgments Clerk for processing.
June 26, 2023 Opinion or Order Filing 346 ORDER: Following a telephone conference with the parties today regarding the discovery disputes set forth in the parties' letters filed at ECF Nos. 342 and 343, and for the reasons stated on the record, it is hereby Ordered as follows: Defendant s' request for an adjournment of deadlines set forth in the Scheduling Order (see ECF No. 343 at p. 2) is granted as follows: Discovery due by 7/20/2023., Expert Discovery due by 3/11/2024., Fact Discovery due by 12/1/2023. and as set forth herein. No later than Monday, July 3, 2023, the parties shall file a joint letter indicating whether they would like to participate in a settlement conference (in which case, they shall provideproposed dates) or would like to be referred to mediation. The parties shall file another joint letter regarding the status of discovery on August 10, 2023. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/26/2023) (ama)
June 6, 2023 Opinion or Order Filing 339 ORDER Accordingly, it is hereby Ordered that Plaintiffs request is GRANTED IN PART and DENIED IN PART. The Court will require unsealing of the percentage interest column in Schedule A of the WSGI Operating Agreement. (See RSACC Ex. 2, ECF No. 318- 1, at 87). No later than Friday, June 9, 2023, Plaintiff shall email to the Court, at Aaron_NYSDChambers@nysd.uscourts.gov, a newly redacted version of RSACC Ex. 2, which the Court will arrange to have replaced on the ECF docket. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/6/2023) (jca)
June 1, 2023 Opinion or Order Filing 332 ORDER: It is hereby Ordered that, no later than June 8, 2023, Plaintiff shall file a redline comparing the Amended Consolidated Complaint (ECF No. 187) and the Revised Second Amended Consolidated Complaint ("RSACC") (ECF No. 318). It is further Ordered that, no later than June 15, 2023, Defendants shall file a Partial Answer responding to each and every paragraph of the RSACC, except the substantive paragraphs contained in Counts 8 and 9 (i.e., RSACC Paragraphs 190-91, 193-95). I n addition, Defendants shall assert in their Partial Answer any and all defenses to Counts 1 through 7 and 10 through 33, and shall assert any counterclaims. SO ORDERED. West Side GI, LLC answer due 6/15/2023. (Signed by Magistrate Judge Stewart D. Aaron on 6/1/2023) (vfr)
May 22, 2023 Opinion or Order Filing 322 ORDER re: 321 Letter, filed by Indira Kairam, M.D., West Side GI, LLC, 320 Letter filed by Indira Kairam, M.D.. It is hereby Ordered that Defendants shall file any objection to Plaintiff's request for unsealing (see ECF Nos. 320 & 321) no later than Friday, May 26, 2023. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/22/2023) (kv)
May 10, 2023 Opinion or Order Filing 319 ORDER: Following a telephone conference with the parties today regarding the discovery disputes set forth in the Joint Letter filed at ECF No. 316, and for the reasons stated on the record, it is hereby Ordered as follows: 1. The parties shall co ntinue to meet and confer regarding the production of documents from Dr. Crespin. 2. With respect to ERISA documents, Defendants are directed to review documents returned using the original search term (see Joint Letter, ECF No. 316, at 4) limited to custodians Dr. Nash and Dr. Seecoomar. 3. The parties shall file a joint letter regarding the status of discovery on June 5, 2023. 4. The parties are directed to appear for a telephone conference on June 7, 2023, at 2:00 p.m. At the scheduled tim e, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/10/2023) ( Telephone Conference set for 6/7/2023 at 02:00 PM before Magistrate Judge Stewart D. Aaron.) (ks)
April 18, 2023 Opinion or Order Filing 315 ORDER granting in part and denying in part 249 Motion for Reconsideration re 249 MOTION for Reconsideration re; (241 in 1:18-cv-01005-AT-SDA) Order Adopting Report and Recommendations,, . filed by Indira Kairam, M.D., 241 Order Adopting Report and Recommendations. For the reasons stated above, Plaintiff's motion for reconsideration is GRANTED in part and DENIED in part. Upon reconsideration, the Court SUSTAINS Plaintiff's objection to the R&R's reco mmendation to deny leave to amend her fraud claim, REJECTS the R&R in part, and GRANTS Plaintiff's request for leave to amend her fraud claim. Also upon reconsideration, to the extent that the September 14 Order decided that Plaintiff is a sophi sticated party based on the allegations in the complaint, that portion of the September 14 Order is VACATED. Plaintiff's motion for reconsideration is otherwise DENIED. This order does not otherwise alter the September 14 Order, which adopted th e majority of Judge Aaron's recommendations in the R&R. The SACC includes claims that were dismissed in the September 14 Order and is, therefore, improper. By May 9, 2023, Plaintiff shall file a revised second amended complaint that is consisten t with the September 14 Order and this order in accordance with Rule III.H of the Court's Individual Practices in Civil Cases. By May 30, 2023, Defendants shall respond to the revised second amended complaint. The Clerk of Court is directed to terminate the motion at ECF No. 249. SO ORDERED.. (Signed by Judge Analisa Torres on 4/18/2023) (kv)
February 24, 2023 Opinion or Order Filing 305 ORDER: For the reasons set forth above, it is hereby Ordered as follows: 1. Defendants shall run the Court-directed search terms set forth in Section I above and commence a diligent review of the documents generated by the searches. 2. No later t han Friday, March 3, 2023, Defendants shall provide to Plaintiff and the Court an updated hit count of all "DeDuped Docs w/Family" for each of the search terms set forth above. 3. The parties shall continue to meet and confer regarding the issues set forth in Section II above and any other remaining discovery disputes, including Plaintiffs proposed search terms 18 and 23. With respect to the timing of production, it is the Court's expectation that Defendants shall make rolling pro ductions of documents, and not wait until their review is complete before commencing production. 4. No later than 6:00 p.m. on Friday, March 10, 2023, the parties shall file a joint letter regarding the status of any remaining disputes. The joint let ter also shall set forth a proposed revised discovery schedule, including a deadline for substantial completion of document production. If the parties are unable to agree on a schedule, the joint letter shall set forth the parties' respective po sitions. The joint letter shall not exceed six pages. 5. Per the Stipulation and Order filed on July 7, 2021, the related cases, i.e., Case Nos. 19- cv-00923 and 20-cv-09141, were administratively closed, and "[a]ll papers filed in the Consolida ted Action [were to] be filed under Case No. 18-cv-01005 (AT) (SDA)." (7/7/21 Stip. & Order, ECF No. 160, paragraph 4-5.) However, the parties have continued to file documents to the ECF dockets in Case Nos. 19-cv-00923 and 20-cv-09141. Going fo rward, the parties shall cease and desist from filing documents in Case Nos. 19 cv-00923 and 20- cv-09141, and shall only file documents in this case. The Clerk of Court is respectfully directed to terminate the open motions in Case Nos. 19-cv-00923 and 20-cv-09141, since they are redundant of motions filed in this case and since those cases have been administratively closed. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 2/24/2023) Filed In Associated Cases: 1:18-cv-01005-AT-SDA, 1:19-cv-00953-AT-SDA, 1:20-cv-09141-AT-SDA (kv)
February 8, 2023 Opinion or Order Filing 294 ORDER: The Court having reviewed the letters filed by the parties late yesterday evening (ECF Nos. 292 and 293), it is hereby ORDERED that, no later than Friday, February 10, 2023, Defendants shall file a letter (1) confirming whether Dr. Distler us ed the email address peterdistler6@gmail.com to conduct WSGI business; (2) stating the service address for outside counsel representing WSGI in connection with Dr. Goldberg's retirement/separation; and (3) showing cause why the Court should not direct Defendants to utilize the search terms proposed by Plaintiff in the letter filed at ECF No. 293. Any response by Plaintiff may be filed by Tuesday, February 14, 2023. In her letter, Plaintiff may include any further response to Defendants' letter filed at ECF No. 292. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 2/8/2023) (Aaron, Stewart)
January 31, 2023 Opinion or Order Filing 291 ORDER: Following an in-person conference with the parties, and for the reasons stated on the record, it is hereby Ordered as follows: 1. No later than Tuesday, February 7, 2023, Defendants shall file a letter setting forth: a. Whether Defendants coun sel will represent Physicians Endoscopy, Frontier Healthcare and/or Mount Sinai for purposes of document production in this action and, if not, Defendants shall provide addresses where those entities may be served with a subpoena. b. Whether there ar e any documents responsive to Plaintiff's Request No. 33 (see Pl.'s Letter, ECF No. 290, at 5) regarding discrimination on the basis of national origin. c. Whether Dr. Distler, Dr. Pou and/or Dr. Shim used the additional email addresses id entified by Plaintiff to conduct WSGI business. d. The names of counsel for Dr. Goldberg with whom WSGI communicated regardinghis retirement/separation from WSGI, if any, and whether Defendants are willingto produce documents within the possession, c ustody or control of the outside counsel representing WSGI in connection with Dr. Goldberg's retirement/separation or whether Plaintiff will need to subpoena such documents. e. Any remaining disputes regarding search term negotiations. This por tion of the letter shall be a joint letter with Plaintiff or Plaintiff shall file a separate letter regarding remaining disputes regarding search terms. 2. With respect to the collection of documents from Dr. DeLopez, Dr. Lu, Dr. Linden andDr. Crespi n, Plaintiff agrees to first review documents produced from other custodians, but reserves her right to seek additional documents from these individuals. 3. Defendants shall produce to Plaintiff documents responsive to Plaintif's Request No. 33 limited to accusations by Dr. Goldberg of age discrimination and accusations by women of gender discrimination. 4. Defendants shall change the search term for King /10 "business valuation" to King /10"valuation" and produce responsive documents to Plaintiff. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/31/2023) (ama)
January 27, 2023 Opinion or Order Filing 288 ORDER denying 287 Letter Motion to Adjourn Conference. Defendants' request is DENIED. Defendants shall appear for the January 31st conference as scheduled through Copatrick Thomas and/or another attorney from the law firm of Gordon & Rees Sc ully Mansukhani, LLP. Mr. Thomas is one of the counsel of record for Defendants in this case, and based upon publicly available information, is an experienced federal court litigator. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/27/2023) (kl)
January 25, 2023 Opinion or Order Filing 286 ORDER denying without prejudice 285 Letter Motion to Adjourn Conference. Application DENIED WITHOUT PREJUDICE. Defendants may renew their motion after consulting with Plaintiff's counsel. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/25/2023) (kl)
December 24, 2022 Opinion or Order Filing 278 ORDER granting 276 Letter Motion for Extension of Time to File: Request GRANTED. No later than January 16, 2023, the parties shall file a joint letter regarding any remaining disputes with respect to ESI, including document collection and search terms. If the parties are unable to agree on the wording of a joint letter, they shall file separate letters by the same date. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 12/24/2022) (Aaron, Stewart)
November 1, 2022 Opinion or Order Filing 265 ORDER: granting in part and denying in part 259 Letter Motion for Extension of Time; granting in part and denying in part 261 Letter Motion for Discovery. Following a telephone conference with the parties, and for the reasons stated on the reco rd, it is hereby Ordered that the Letter Motions filed at ECF Nos. 259 and 261 are GRANTED IN PART and DENIED IN PART as follows: The deadlines set forth in the Court's May 20, 2022 Order (ECF No. 210) are adjourned sine die. No later than Novem ber 4, 2022, Defendants shall provide to Plaintiff their proposed search terms. Thereafter, the parties shall meet and confer and, if any disputes exist regarding search terms, the parties shall address them in the joint letter to be filed on Novembe r 18, 2022, as set forth in paragraph 4. No later than November 7, 2022, Defendants shall serve revised document requests on Plaintiff. As set forth during today's telephone conference, Defendants shall consolidate requests regarding the allegat ions in the Amended Consolidated Complaint into one request listing the relevant paragraphs with the understanding that Plaintiff will not object to such requests as overbroad. Moreover, if Plaintiff objects to the consolidated request, Plaintiff mus t specifically identity the relevant paragraphs regarding which she objects to producing documents. If any disputes regarding Defendants' document requests remain, the parties shall address them in the joint letter to be filed on November 18, 20 22, as set forth in paragraph 4. No later than November 18, 2022, the parties shall file a joint letter setting forth a proposed schedule for the production of documents by both sides (as to the issues currently in the case) and setting forth any remaining discovery disputes regarding, inter alia, search terms and/or Defendants' document requests. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/01/2022) (ama)
October 27, 2022 Opinion or Order Filing 264 ORDER re: 253 LETTER MOTION for Extension of Time to File Response/Reply as to (50 in 1:20-cv-09141-AT-SDA, 109 in 1:19-cv-00953-AT-SDA, 249 in 1:18-cv-01005-AT-SDA) MOTION for Reconsideration re; (241 in 1:18 cv-01005-AT-SDA) Order Adopting Report and Re filed by Ricardo E Pou, M.D., Peter Distler, M.D., West Side GI, LLC. Accordingly, Defendants' request to "stay [their] time to respond to the [SACC]," ECF No. 253, is GRANTED pending further order of the Court. The Court shall provide further guidance on the SACC and Defendants' time to answer following its decision on Plaintiff's motion for reconsideration. SO ORDERED. (Signed by Judge Analisa Torres on 10/27/2022) (kv)
October 26, 2022 Opinion or Order Filing 263 ORDER FOR TELEPHONE CONFERENCE: The parties are directed to appear for a telephone conference on Tuesday, November 1, 2022, at 11:30 a.m. to discuss the Letter Motions filed at ECF Nos. 259 and 261. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. SO ORDERED. ( Telephone Conference set for 11/1/2022 at 11:30 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 10/26/2022) (va)
October 12, 2022 Opinion or Order Filing 257 ORDER: In view of the dispute set forth at ECF Nos. 253 and 255, it is hereby Ordered that the telephone conference scheduled for tomorrow, October 13, 2022 (see ECF No. 247) is adjourned sine die, pending resolution of such dispute. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/12/2022) (kl)
September 16, 2022 Opinion or Order Filing 242 ORDER: Plaintiff having been granted leave to amend her negligent misrepresentations claims (9/14/2022 Order, ECF No. 241), it is hereby Ordered that Plaintiff shall file any amended pleading no later than Friday, September 30, 2022. ( Amended Pleadings due by 9/30/2022.) (Signed by Magistrate Judge Stewart D. Aaron on 9/16/2022) (ate)
September 14, 2022 Opinion or Order Filing 241 ORDER for 215 Report and Recommendations, 195 Motion to Dismiss filed by West Side GI, LLC. For the foregoing reasons, the Court OVERRULES Plaintiff's objections to the R&R, except that it SUSTAINS Plaintiff's objection to the d enial of leave to amend her negligent misrepresentation claims. Accordingly, the Court ADOPTS the R&R in part and REJECTS it in part. Further, the Court DENIES Plaintiff's request for oral argument. The Clerk of Court is directed to terminate the pending motion at No. 18 Civ. 1005, ECF No. 195. SO ORDERED. (Signed by Judge Analisa Torres on 9/14/2022) (kv)
August 17, 2022 Opinion or Order Filing 240 ORDER: Following a telephone conference with the parties, and for the reasons stated on the record, it is hereby Ordered that no later than Friday, August 19, 2022, Defendants shall serve written responses and objections to Plaintiff's second set of document requests and begin production of responsive documents. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/17/2022) (kv)
August 2, 2022 Opinion or Order Filing 236 ORDER granting (235) Letter Motion to Seal in case 1:18-cv-01005-AT-SDA; granting (102) Letter Motion to Seal in case 1:19-cv-00953-AT-SDA; granting (43) Letter Motion to Seal in case 1:20-cv-09141-AT-SDA. Therefore, Defendants' request for l imited redactions to exhibits 3 and 4 is GRANTED. The document filed at ECF No. 235-1, shall service as the public version of exhibits 3 and 4 of the affidavit of Elizabeth Shieldkret, filed at ECF No. 230-2. The Clerk of Court is directed to terminate the pending motion at ECF No. 235. SO ORDERED.. (Signed by Judge Analisa Torres on 8/2/2022) Filed In Associated Cases: 1:18-cv-01005-AT-SDA, 1:19-cv-00953-AT-SDA, 1:20-cv-09141-AT-SDA (kv)
July 18, 2022 Opinion or Order Filing 233 ORDER re: (40 in 1:20-cv-09141-AT-SDA, 99 in 1:19-cv-00953-AT-SDA, 231 in 1:18-cv-01005-AT-SDA) Letter, filed by Indira Kairam, M.D.. On July 14, 2022, Plaintiff filed a letter indicated that she filed certain exhibits under seal because Defen dants may assert that sealing would be appropriate. See, e.g., 18 Civ. 1005, ECF No. 231. By July 25, 2022, Defendants shall file a letter setting fo1th the basis for sealing the exhibits. If they fail to do so, the exhibits shall be unsealed on July 26, 2022. SO ORDERED. (Signed by Judge Analisa Torres on 7/18/2022) Filed In Associated Cases: 1:18-cv-01005-AT-SDA, 1:19-cv-00953-AT-SDA, 1:20-cv-09141-AT-SDA (kv)
July 13, 2022 Opinion or Order Filing 229 ORDER re: (96 in 1:19-cv-00953-AT-SDA, 37 in 1:20-cv-09141-AT-SDA, 228 in 1:18-cv-01005-AT-SDA) Letter, filed by Indira Kairam, M.D.. Accordingly, Plaintiff may file an updated objections as set forth in the July 7, 2022 order. ECF No. 227. No extension will be granted to either party to the deadlines set forth in that order absent a showing of good cause. SO ORDERED. (Signed by Judge Analisa Torres on 7/13/2022) Filed In Associated Cases: 1:18-cv-01005-AT-SDA, 1:19-cv-00953-AT-SDA, 1:20-cv-09141-AT-SDA (kv)
July 7, 2022 Opinion or Order Filing 227 ORDER re: (226 in 1:18-cv-01005-AT-SDA, 35 in 1:20-cv-09141-AT-SDA, 94 in 1:19-cv-00953-AT-SDA) Letter, filed by Indira Kairam, M.D.. Accordingly, 1. Plaintiffs request to file a motion to strike portions of Defendants' motion to dismiss is DENIED. 2. By July 14, 2022, Plaintiff shall file an amended version of her objections incorporating the issues she raised in her letter. ECF No. 226. This version of the objections shall be the only objections considered by the Court. 3. By July 21, 2022, Defendants shall file their response to the revised version of Plaintiffs objections. This version of the response shall be the only response considered by the Court. 4. The Court shall permit the parties an additional five pages, for a tot al of twenty-five pages, for their filings. SO ORDERED. (Responses due by 7/14/2022, Replies due by 7/21/2022.) (Signed by Judge Analisa Torres on 7/7/2022) Filed In Associated Cases: 1:18-cv-01005-AT-SDA, 1:19-cv-00953-AT-SDA, 1:20-cv-09141-AT-SDA (kv)
April 26, 2022 Opinion or Order Filing 203 ORDER: It is hereby Ordered that, no later than May 10, 2022, the parties shall file a joint letter regarding the status of discovery and a proposed schedule for the completion of discovery. The Court is aware that Defendants' partial motion to dismiss remains pending and will issue its Report & Recommendation in due course. The parties may address in the joint letter any impact that disposition of the pending motion may have on their proposed discovery schedule. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/26/2022) (rro)
December 8, 2021 Opinion or Order Filing 192 ORDER granting 191 Letter Motion to Seal. Application GRANTED. In accordance with Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 {2d Cir. 2006}, the Court has balanced the presumption of public access against competing considerations raised by Defendants and finds that the proposed redactions are narrowly tailored to prevent unauthorized dissemination of sensitive business information. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 12/8/2021) (jca)
November 12, 2021 Opinion or Order Filing 185 ORDER: In view of Defendants' letter consenting to Plaintiffs filing of the proposed Amended Consolidated Complaint (see Letter, ECF No. 184), it is hereby Ordered that Plaintiffs motion to amend (ECF No. 180) is GRANTED. Accordin gly, Defendants prior motion to dismiss (ECF No. 170) is deemed moot. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 170. It is further Ordered as follows: No later than November 19, 2021, Plaintiff shall file, as a separate docket entry, the Amended Consolidated Complaint. Defendants shall file their response to the Amended Consolidated Complaint no later than December 13, 2021. If Defendants file a motion to dismiss the Amended Consolidate Comp laint, in whole or in part, no later than December 17, 2021, the parties shall file a proposed schedule for Plaintiff to respond to Defendants' motion and for Defendants to file any reply. If the parties cannot agree on a schedule, they shall file, by the same date, a joint letter setting forth their separate proposals. SO ORDERED. (Amended Pleadings due by 11/19/2021., Responses due by 12/13/2021) (Signed by Magistrate Judge Stewart D. Aaron on 11/12/2021) (js)
October 21, 2021 Opinion or Order Filing 181 ORDER: In accordance with the Court's October 8, 2021 Order, Plaintiff was to file a redline along with her proposed amended pleading. (10/8/2021 Order, ECF No. 176.) It is hereby Ordered that Plaintiff shall file a redline no later than Monday, October 25, 2021. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 10/21/2021) (js)
October 8, 2021 Opinion or Order Filing 176 ORDER: Following a telephone conference with the parties, it is hereby Ordered as follows: No later than October 20, 2021, Plaintiff shall file her motion, pursuant to Federal Rule of Civil Procedure 15, for leave to file an Amended Consolidated Complaint. With her motion, Plaintiff shall include her proposed amended pleading and a redline. Defendants shall file their opposition no later than November 10, 2021. Plaintiff shall file any reply no later than November 17, 2021. So Ordered. (Motions due by 10/20/2021., Responses due by 11/10/2021, Replies due by 11/17/2021.) (Signed by Magistrate Judge Stewart D. Aaron on 10/8/2021) (js)
October 5, 2021 Opinion or Order Filing 175 ORDER FOR TELEPHONE CONFERENCE regarding re: 174 Letter, filed by Indira Kairam, M.D., 173 Letter filed by West Side GI, LLC. The parties are directed to appear for a telephone conference on Friday, October 8, 2021, at 11:00 a.m. to discuss the parties proposed schedules. (See ECF Nos. 173 & 174.) At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214 ) 765-0479) and enter access code 6489745. SO ORDERED. (Telephone Conference set for 10/8/2021 at 11:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 10/5/2021) (tg)
September 22, 2021 Opinion or Order Filing 169 ORDER: Given the lengthy amount of time defendants already have had to respond to the Consolidated Complaint, it is hereby Ordered that Defendants shall file their anticipated partial motion to dismiss no later than Wednesday Septemb er 29, 2021. Thereafter, the parties shall confer and, no later than Monday, October 4, 2021, file a joint letter setting forth an agreed-upon schedule for the remaining briefing or, if they cannot agree, setting forth separate proposals. SO ORDERED. (Motions due by 9/29/2021.) (Signed by Magistrate Judge Stewart D. Aaron on 9/22/2021) (js)
August 26, 2021 Opinion or Order Filing 165 ORDER granting 164 Letter Motion for Extension of Time to file their response to the Consolidated Complaint. Application Granted. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 8/26/2021) (js)
July 27, 2021 Opinion or Order Filing 163 ORDER granting 162 Letter Motion for Extension of Time to File. Application GRANTED. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 7/27/2021) (js)
June 29, 2021 Opinion or Order Filing 158 ORDER: NOW, THEREFORE, it is hereby ORDERED that, no later than July 6, 2021, the parties shall either: File a Stipulation in Case No. 18-cv-01005 containing the following terms (mirroring the prior Stipulation): Case Nos. 18-cv-01005, 19-cv- 00953 and 20-cv-09141 are consolidated for thepurposes of pleading, discovery and other pre-trial matters, and trial (hereafter the "Consolidated Action"; Plaintiff shall file a consolidated complaint in Case No. 18-cv-01005 within seven (7) days of the Court's approval of this Stipulation; Nothing herein waives any party's rights, claims, remedies, defenses, objections, or legal arguments; Once the Court approves this Stipulation, the Clerk of Court shall file this Stip ulation on the ECF docket of Case Nos. 18-cv-01005, 19-cv-00953 and 20-cv-09141 and then administratively close Case Nos. 19-cv-00953 and 20-cv-09141; andAll papers in the Consolidated Action shall be filed under Case No. 18-cv-01005; OR Each party i n each of the three above-captioned actions shall file a letter explaining with specificity any disagreements with the Stipulation set forth in paragraph 1 above and the legal basis for any such disagreements. (Signed by Magistrate Judge Stewart D. Aaron on 6/29/2021) (rro)
May 3, 2021 Opinion or Order Filing 151 ORDER: Having reviewed the parties' letters filed at ECF Nos. 149 and 150 in Case No. 18-cv-01005, it is hereby Ordered as follows: 1. If Plaintiff wishes to file an amended pleading in 20-cv-09141 prior to Defendants' anticipated motion to consolidate, she must do so no later than May 17, 2021. Thereafter, Plaintiff may amend as of right, or by appropriate motion, but the Court will not further delay resolution of the anticipated consolidation motion. 2. Defendants shall file their anticipated motion to consolidate on May 24, 2021. If Plaintiff files an amended pleading that adds new defendants, Defendants may seekan extension of time to accommodate the newly-added defendants. SO ORDERED., ( Amended Pleadings due by 5/17/2021., Motions due by 5/24/2021.) (Signed by Magistrate Judge Stewart D. Aaron on 5/03/2021) (ama)
March 31, 2021 Opinion or Order Filing 139 ORDER: Following a telephone conference with the parties, it is hereby Ordered as follows: Defendant shall file its anticipated motion, pursuant to Federal Rule of Civil Procedure 42(a), to consolidate this action with the two related cases (1 9-cv-00953 and 20-cv- 9141) no later than April 20, 2021. Plaintiff shall file her response to Defendant's motion no later than May 11, 2021. Defendant shall file any reply no later than May 11, 2021. (Motions due by 4/20/2021., Responses due by 5/4/2021, Replies due by 5/11/2021.) (Signed by Magistrate Judge Stewart D. Aaron on 3/31/2021) (js)
March 15, 2021 Opinion or Order Filing 135 ORDER FOR TELEPHONE CONFERENCE: The parties are directed to appear for a telephone conference on Wednesday, March 31 2021, at 11:00 a.m. EST to discuss the status of this action. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. So Ordered. (Telephone Conference set for 3/31/2021 at 11:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 3/15/2021) (js)
March 12, 2021 Opinion or Order Filing 134 ORDER. The Court has reviewed de novo those portions of the R&R to which the parties properly objected and has reviewed the remainder of the R&R for clear error. For the reasons stated above, the Court ADOPTS in part and REJECTS in part the R&R. By M arch 26, 2021, Plaintiff shall file her fourth amended complaint. The Clerk of Court is directed to terminate the motion at ECF No. 114. SO ORDERED. Re 123 Report and Recommendations. 114 Motion to Dismiss filed by West Side GI, LLC. (Signed by Judge Analisa Torres on 3/12/2021) (rjm)
November 12, 2020 Opinion or Order Filing 125 ORDER granting 124 Letter Motion for Extension of Time to File. GRANTED. By December 1, 2020, Defendant shall file its objections. By December 18, 2020, Plaintiff shall respond. SO ORDERED. (Signed by Judge Analisa Torres on 11/12/2020) (ks)
May 11, 2020 Opinion or Order Filing 113 ORDER granting 112 Letter Motion for Extension of Time to File. GRANTED. 1. By May 14, 2020, Defendant shall file its motion to dismiss; 2. By June 4, 2020, Plaintiff shall file her response; and 3. By June 18, 2020, Defendant shall file its reply, if any. (Signed by Judge Analisa Torres on 5/11/2020) (cf)
April 14, 2020 Opinion or Order Filing 111 ORDER granting 110 Letter Motion for Extension of Time to File. GRANTED. 1. By May 11, 2020, Defendant shall file its motion to dismiss;m2. By June1, 2020, Plaintiff shall file her response, and 3. By June 15, 2020, Defendant shall file reply, if any. (Signed by Judge Analisa Torres on 4/14/2020) (rj)
March 20, 2020 Opinion or Order Filing 108 ORDER denying without prejudice to renewal by formal motion 104 Letter Motion to Consolidate Cases ; denying without prejudice to renewal by formal motion 105 Letter Motion for Leave to File Document. Having reviewed the parties' letters, ECF Nos. 104-107, it is hereby ORDERED that: 1. By April 20, 2020, Defendant shall file its motion to dismiss; 2. By May 11, 2020, Plaintiff shall file her opposition; and 3. By May 25, 2020, Defendant shall file its reply, if any. It is further ORD ERED that Defendant's motion to consolidate is DENIED without prejudice to renewal after the Court issues a decision on the pending motion to dismiss in Kairam v. WestSide GL LLC, Civil Action No. 1:19-cv-00953. The Clerk of Court is directed to terminate the motions at ECF Nos. 104 and 105. (Signed by Judge Analisa Torres on 3/20/2020) (cf)
February 18, 2020 Opinion or Order Filing 102 ORDER: Plaintiff's time to file her amended complaint is EXTENDED to February 20, 2020. ( Amended Pleadings due by 2/20/2020.) (Signed by Judge Analisa Torres on 2/18/2020) (mro)
January 15, 2020 Opinion or Order Filing 100 ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file her amended complaint by February 14, 2020. (As further set forth in this Order.) (Amended Pleadings due by 2/14/2020.) (Signed by Judge Analisa Torres on 1/15/2020) (cf)
January 31, 2019 Opinion or Order Filing 93 ORDER for 82 Report and Recommendations,, 39 Motion for Preliminary Injunction filed by Indira Kairam, M.D., 34 Motion to Dismiss filed by West Side GI, LLC. The Court has reviewed de novo those portions of the R&R to which Plaintiff pr operly objects and has reviewed the remainder of the R&R for clear error. For the reasons stated above, the Court ADOPTS the R&R in its entirety. Defendant's motion is dismiss is GRANTED as to Plaintiff's federal claims. Because the Cour t declines to exercise supplemental jurisdiction over Plaintiff's state law claims, those claims are DISMISSED without prejudice to renewal in state court. Additionally, Plaintiff's request for leave to amend is DENIED as futile. Having granted Defendant's motion to dismiss, Plaintiff's motion for a preliminary injunction is DENIED as moot. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 1/31/2019) (cf) Transmission to Orders and Judgments Clerk for processing.
November 29, 2018 Opinion or Order Filing 91 OPINION AND ORDER: Before the Court is Defendants Letter-Motion to seal (ECF No. 83) portions of the transcript from the October 30, 2018 Oral Argument on Defendants motion to dismiss. (See ECF No. 79.) Plaintiff filed an opposition on November 16, 2018 (ECF No. 85) and Defendant replied on November 26, 2018. (ECF No. 90.) For the reasons set forth below, Defendants motion is DENIED. (Signed by Magistrate Judge Stewart D. Aaron on 11/29/2018) (jca)
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Plaintiff: Indira Kairam, M.D.
Represented By: Elizabeth Shieldkret
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Defendant: West Side GI, LLC
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