Scott Fleming et al v. The City Of New York , et al
Plaintiff: Patricia Scott Fleming
Defendant: New York City Department Of Corrections, Mary Lynn Nierodzik, Elmhurst Hospital Center, Nicole Lanatra, Timothy Owens, Jorel Ward, Jennifer Wu, John Wisti, Fred Rolle, Richard Holman, The City Of New York,, Desmond Blake, David Whitaker, Corizon Health, Inc., Bellevue Hospital Center, Aaron Stern, Roopalekha Shenoy, Physician Affiliate Group of New York P.C, Curlee Williams, Johanne Saint-Fleur, City Of New York, Physician Affiliate Group of New York, Captain Desmond Blake, Captain Johanne Saint-Fleur, Correctional Officer Timothy Owens, Correctional Officer Fred Rolle, Correctional Officer Jorel Ward, Correctional Officer David Whitaker, Correctional Officer John Wisti, Correctional Officer Curlee Williams, John Does 1-38, Endo International PLC, Endo Health Solutions, Inc., Maung Maungoo, M.D., M.D. Joon Park, P.A. Christopher Larosa, Nurse Mahmood, Commissioner Joseph Ponte, Correctional Officer Reyes, M.D. Myat Win, M.D. Antonio Martinez and New York City Health And Hospitals Corporation
Case Number: 1:2018cv04866
Filed: June 1, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: George B Daniels
Referring Judge: Jennifer E Willis
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 20, 2022 Opinion or Order Filing 221 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Jennifer Willis from Susan Scharfstein dated July 20, 2022 re: #210 LETTER MOTION for Discovery Permission to Exceed 10 Depositions addressed to Magistrate Judge Jennifer Willis from Eden P. Quainton dated 06/21/2022. . Document filed by Desmond Blake, City Of New York, Joseph Ponte, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti..(Scharfstein, Susan)
July 19, 2022 Opinion or Order Filing 220 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Jennifer Willis from Doreen Dufficy, Esq. dated July 19, 2022 re: #210 LETTER MOTION for Discovery Permission to Exceed 10 Depositions addressed to Magistrate Judge Jennifer Willis from Eden P. Quainton dated 06/21/2022. Fleming - opposition to letter motion re EBTs. Document filed by Corizon Health, Inc., Nicole Lanatra, Antonio Martinez, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu..(Dufficy, Doreen)
July 11, 2022 Opinion or Order Filing 219 DECLARATION of Patricia Scott Fleming in Support re: #217 MOTION to Amend/Correct Third Amended Complaint.. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Quainton, Eden)
July 11, 2022 Opinion or Order Filing 218 DECLARATION of Eden P. Quainton in Support re: #217 MOTION to Amend/Correct Third Amended Complaint.. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Attachments: #1 Exhibit Exhibit A - Third Amended Complaint, #2 Exhibit Exhibit B - Third Amended Complaint Redlined).(Quainton, Eden)
July 11, 2022 Opinion or Order Filing 217 MOTION to Amend/Correct Third Amended Complaint. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Quainton, Eden)
July 7, 2022 Opinion or Order Filing 216 DECLARATION of Eden P. Quainton in Support re: #214 MOTION to Compel The City of New York to Produce Monell-Related Discovery .. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Attachments: #1 Exhibit Exhibit A - First Document Request, #2 Exhibit Exhibit B - Second Document Request, #3 Exhibit Exhibit C - First Deficiency Letter, #4 Exhibit Exhibit D - Second Set of Responses, #5 Exhibit Exhibit E - Second Deficiency Letter).(Quainton, Eden)
July 5, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Eden Quainton to RE-FILE Document #214 MOTION to Compel The City of New York to Produce Monell-Related Discovery .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Select Declaration in Support found under the event list. (kj)
July 5, 2022 Opinion or Order Filing 215 LETTER MOTION to Compel The City of New York to Produce Discovery addressed to Magistrate Judge Jennifer Willis from Eden P. Quainton dated 7/5/2022. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Attachments: #1 Affidavit Declaration of Eden P. Quainton, #2 Exhibit Exhibit A - Third Document Request, #3 Exhibit Exhibit B - Amended Third Document Request).(Quainton, Eden)
July 5, 2022 Opinion or Order Filing 214 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel The City of New York to Produce Monell-Related Discovery . Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Attachments: #1 Supplement Declaration of Eden P. Quainton, #2 Exhibit Exhibit A - First Document Request, #3 Exhibit Exhibit B - Second Document Request, #4 Exhibit Exhibit C - First Deficiency Letter, #5 Exhibit Exhibit D - Second Set of Responses, #6 Exhibit Exhibit E - Second Deficiency Letter).(Quainton, Eden) Modified on 7/7/2022 (kj).
June 24, 2022 Opinion or Order Filing 213 ORDER granting #212 Letter Motion for Extension of Time to File - The Court grants the parties amended briefing schedule and notes that Plaintiff may file a reply in support of her motion for permission to file a Third Amended Complaint, as listed in the schedule. The Court respectfully directs the Clerk of Court to close Dkt. Nos. 211 and 212. SO ORDERED. (HEREBY ORDERED by Magistrate Judge Jennifer E Willis)(Text Only Order) Transmission to Office of the Clerk of Court for processing.
June 24, 2022 Opinion or Order Filing 212 AMENDED LETTER MOTION for Extension of Time to File Motions and Responses Pursuant to Briefing Schedule Submitted for Approval addressed to Magistrate Judge Jennifer Willis from Eden P. Quainton dated 6/24/2022. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Quainton, Eden)
June 24, 2022 Opinion or Order Filing 211 LETTER MOTION for Extension of Time to File Motions and Responses Pursuant to Briefing Schedule Submitted for Approval addressed to Magistrate Judge Jennifer Willis from Eden P. Quainton dated 06/24/2022. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Quainton, Eden)
June 21, 2022 Opinion or Order Filing 210 LETTER MOTION for Discovery Permission to Exceed 10 Depositions addressed to Magistrate Judge Jennifer Willis from Eden P. Quainton dated 06/21/2022. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Quainton, Eden)
June 21, 2022 Opinion or Order Filing 209 ORDER granting #208 Letter Motion for Extension of Time - Plaintiff's letter motion for leave to take additional depositions is due June 21, 2022 and Defendants' oppositions to the letter motion are due July 22, 2022. SO ORDERED. (HEREBY ORDERED by Magistrate Judge Jennifer E Willis)(Text Only Order)
June 15, 2022 Opinion or Order Filing 208 LETTER MOTION for Extension of Time for filing Letter Motion to Take Additional Depositions addressed to Magistrate Judge Jennifer Willis from Eden P. Quainton dated 06/15/2022. Document filed by Patricia Scott Fleming(individually)..(Quainton, Eden)
April 29, 2022 Opinion or Order Filing 207 Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Status Conference held on 4/29/2022. Discovery deadline extended and Motion schedule set for Discovery & Motion to Compel. See Order (docket # 206). (cda)
April 29, 2022 Opinion or Order Filing 206 ORDER:For the reasons stated on the record at the parties' April 29, 2022 conference, the Court sets the following schedule: Plaintiff shall provide all undisputed responsive documents to Defendants' document requests by May 31, 2022. Plaintiff's letter motion for additional depositions is due June 15, 2022. Plaintiff's letter motion shall be no longer than three pages. Plaintiff shall provide a draft third amended complaint, along with a redline comparing the second amended complaint, to Defendants by June 16, 2022. Plaintiff's letter motion to compel discovery unrelated to Monell is due June 24, 2022. Plaintiffs letter motion shall be no longer than three pages. Plaintiff's motion to compel Monell discovery is due June 24, 2022. Plaintiff's motion shall be no longer than 25 pages. Plaintiff's motion for leave to file a third amended complaint is due June 30, 2022. Plaintiff's motion shall be no longer than 25 pages. Defendants' responses, if any, to Plaintiff's letter motion for additional depositions are due July 13, 2022. Defendants' responses shall be no longer than three pages each. Defendants' responses, if any, to Plaintiff's letter motion to compel discovery unrelated to Monell are due July 25, 2022. Defendants' responses shall be no longer than three pages each. Defendants' responses, if any, to Plaintiff's motion for leave to file a third amended complaint are due July 28, 2022. Defendants' responses shall be no longer than 25 pages each. Defendants' responses, if any, to Plaintiff's motion to compel Monell discovery are due August 5, 2022. Defendants' responses shall be no longer than 25 pages each. Plaintiff's reply, if any, in support of its motion to compel Monell discovery is due August 19, 2022. Plaintiff's reply shall be no longer than ten pages. Fact discovery closes on December 31, 2022. Expert discovery closes on March 31, 2023. The parties' summary judgment motions are due May 31, 2023. SO ORDERED. ( Expert Discovery due by 3/31/2023., Fact Discovery due by 12/31/2022., Motions due by 5/31/2023., Responses due by 8/5/2022, Replies due by 8/19/2022.) (Signed by Magistrate Judge Jennifer E Willis on 4/29/2022) (tg)
March 28, 2022 Opinion or Order Filing 205 ORDER TO STRIKE:The Court respectfully directs the Clerk of Court to strike document number 204 from the docket. The parties shall appear for a conference in person on Tuesday, April 29, 2022 at 10:30 a.m. in Courtroom 228, United States Courthouse, 40 Foley Square, New York, New York. The parties should be prepared to provide a status update regarding any deadlines, pending motions, and outstanding discovery disputes, and discuss whether further extension of the discovery deadline is warranted. SO ORDERED. ( Status Conference set for 4/29/2022 at 10:30 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Jennifer E Willis.) (Signed by Magistrate Judge Jennifer E Willis on 3/28/2022) (tg)
March 28, 2022 Opinion or Order Filing 204 *** STRICKEN DOCUMENT. Document number #204 has been stricken from the case record. The document was stricken from this case pursuant to #205 Order. ORDER: In light of the parties' failure to inform the Court of three mutually agreeable dates for a conference pursuant to ECF No. 203, the parties shall appear for a conference in person on Tuesday, April 19, 2022 at 10:00 a.m. in Courtroom 228, United States Courthouse, 40 Foley Square, New York, New York. The parties should be prepared to provide a status update regarding any deadlines, pending motions, and outstanding discovery disputes, and discuss whether further extension of the discovery deadline is warranted. SO ORDERED. ( Status Conference set for 4/19/2022 at 10:00 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Jennifer E Willis.) (Signed by Magistrate Judge Jennifer E Willis on 3/28/2022) (tg) Modified on 3/28/2022 (tg).
March 28, 2022 Opinion or Order Minute Entry Parties have agreed to the date of 4/29/2022 at 10:30am for their conference. Conference will take place at the Thurgood Marshall US Courthouse at 40 Foley Square New York, NY 10007 in courtroom 228. (cda)
March 22, 2022 Opinion or Order Filing 203 ORDER: This case was referred to Magistrate Judge Willis on March 21, 2022 for general pretrial and specific non-dispositive motion ECF No. 200. ECF No. 201. The parties are directed to contact Courtroom Deputy Christopher Davis via e-mail at WillisNYSDChambers@nysd.uscourts.gov and provide three mutually agreeable dates for a conference by Thursday, March 24, 2022. Proposed dates should be in the last two weeks of April for an in-person conference to allow the parties to provide a status update regarding any deadlines, pending motions, and outstanding discovery disputes. The discovery deadline will be extended until the date of the conference. At the conference, the parties should be prepared to discuss whether further extension is warranted. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 3/22/2022) (tg)
March 21, 2022 Opinion or Order Filing 202 ORDER: The status conference scheduled to occur on March 22, 2022 is hereby cancelled in light of this Court's referral to Magistrate Judge Willis for General Pretrial Supervision. (Signed by Judge George B. Daniels on 3/21/2022) (ate)
March 21, 2022 Opinion or Order Filing 201 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Specific Non-Dispositive Motion/Dispute (ECF No. 200). Referred to Magistrate Judge Jennifer E Willis. Motions referred to Jennifer E Willis. (Signed by Judge George B. Daniels on 3/21/2022) (ate)
March 18, 2022 Opinion or Order Filing 200 LETTER MOTION for Conference re: #198 Order on Motion for Conference,, addressed to Judge George B. Daniels from Eden Quainton dated 03/18/2022. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Quainton, Eden)
March 15, 2022 Opinion or Order Filing 199 LETTER MOTION for Conference requesting leave to appear remotely if March 22, 2022 conference takes place addressed to Judge George B. Daniels from Susan Scharfstein dated March 15, 2022. Document filed by Desmond Blake, City Of New York, Joseph Ponte, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti..(Scharfstein, Susan)
February 17, 2022 Opinion or Order Filing 198 ORDER: granting #197 Letter Motion for Conference re: #197 LETTER MOTION for Conference (requesting leave to appear remotely if conference takes place). addressed to Judge George B. Daniels from Susan Scharfstein dated February 17, 2022. The status conference scheduled to occur on February 22, 2022 is adjourned to March 22, 2022 at 9:45am. SO ORDERED. Status Conference set for 3/22/2022 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 2/17/2022) (ama)
February 17, 2022 Opinion or Order Filing 197 LETTER MOTION for Conference (requesting leave to appear remotely if conference takes place) addressed to Judge George B. Daniels from Susan Scharfstein dated February 17, 2022. Document filed by Desmond Blake, City Of New York, Joseph Ponte, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti..(Scharfstein, Susan)
February 8, 2022 Opinion or Order Magistrate Judge Jennifer Willis is so redesignated. (sjo)
January 11, 2022 Opinion or Order Filing 196 ORDER: The status conference scheduled to occur on January 18, 2022 is adjourned to February 22, 2022 at 9:45 a.m. SO ORDERED., ( Status Conference set for 2/22/2022 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/11/2022) (ama)
December 1, 2021 Opinion or Order Filing 195 MEMO ENDORSEMENT on re: #194 Letter filed by Endo Health Solutions, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 12/1/2021) (ate)
November 17, 2021 Opinion or Order Filing 194 LETTER addressed to Judge George B. Daniels from Angela R. Vicari dated November 17, 2021 re: Request Removal from ECF Notifications. Document filed by Endo Health Solutions, Inc...(Vicari, Angela)
November 8, 2021 Opinion or Order Filing 193 ORDER: The status conference scheduled to occur on November 9, 2021 is adjourned to January 18, 2022 at 9:45am. (Status Conference set for 1/18/2022 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 11/8/2021) (rro)
November 4, 2021 Opinion or Order Filing 192 JOINT LETTER addressed to Judge George B. Daniels from Eden P. Quainton dated 11/4/2021 re: Request for Adjournment of Conference. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Quainton, Eden)
November 4, 2021 Opinion or Order Filing 191 NOTICE of Change of Firm. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Quainton, Eden)
October 20, 2021 Opinion or Order Filing 190 NOTICE OF APPEARANCE by Tracy Felicia Solomon on behalf of Corizon Health, Inc., Nicole Lanatra, Antonio Martinez, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu..(Solomon, Tracy)
August 17, 2021 Opinion or Order Filing 189 ORDER granting #188 Letter Motion to Adjourn Conference Status Conference set for 11/9/2021 at 09:45 AM before Judge George B. Daniels. The status conference is adjourned from August 17, 2021 to November 9, 2021 at 9:45 a.m. (Signed by Judge George B. Daniels on 8/17/2021) (ate)
August 11, 2021 Opinion or Order Filing 188 JOINT LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Susan P. Scharfstein dated August 11, 2021., JOINT LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from Susan P. Scharfstein dated August 11, 2021. Document filed by Desmond Blake, City Of New York, Joseph Ponte, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti..(Scharfstein, Susan)
July 20, 2021 Opinion or Order Filing 187 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material..., Motions terminated: #186 LETTER MOTION for Discovery (request that Court "So Order" confidentiality stipulation and proposed protective order) addressed to Judge George B. Daniels from Susan P. Scharfstein dated July 12, 2021. filed by Desmond Blake, John Wisti, City Of New York, Curlee Williams, Jorel Ward, Joseph Ponte, Fred Rolle. So Ordered. (Signed by Judge George B. Daniels on 7/20/21) (yv)
July 12, 2021 Opinion or Order Filing 186 LETTER MOTION for Discovery (request that Court "So Order" confidentiality stipulation and proposed protective order) addressed to Judge George B. Daniels from Susan P. Scharfstein dated July 12, 2021. Document filed by Desmond Blake, City Of New York, Joseph Ponte, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti. (Attachments: #1 Exhibit Confidentiality Stipulation and Proposed Protective Order).(Scharfstein, Susan)
June 23, 2021 Opinion or Order Filing 185 ORDER: granting #184 Letter Motion to Adjourn Conference. The status conference is adjourned from June 29, 2021 to August 17, 2021 at 9:45 a.m. SO ORDERED. Status Conference set for 8/17/2021 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 6/23/2021) (ama)
June 23, 2021 Opinion or Order Filing 184 LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Eden P. Quainton dated June 23, 2021. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Quainton, Eden)
May 3, 2021 Opinion or Order Filing 183 ORDER granting #182 Letter Motion to Adjourn Conference. The status conference is adjourned from May 4, 2021 to June 29, 2021 at 9:45 a.m. Status Conference set for 6/29/2021 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 5/3/2021) (mro)
April 29, 2021 Opinion or Order Filing 182 LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Doreen Dufficy dated April 29, 2021. Document filed by Corizon Health, Inc., Nicole Lanatra, Christopher Larosa, Mahmood, Antonio Martinez, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu..(Dufficy, Doreen)
February 18, 2021 Opinion or Order Set/Reset Hearings: Status Conference set for 5/4/2021 at 09:45 AM before Judge George B. Daniels. (va)
February 18, 2021 Opinion or Order Filing 181 ORDER granting #180 Letter Motion to Adjourn Conference. SO ORDERED. The status conference is adjourned from February 23, 2021 to May 4, 2021 at 9:45 a.m. Status Conference set for 5/4/2021 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 2/18/2021) (va) Modified on 3/23/2021 (va).
February 16, 2021 Opinion or Order Filing 180 LETTER MOTION to Adjourn Conference set for February 23, 2021 addressed to Judge George B. Daniels from Susan Scharfstein dated February 16, 2021. Document filed by Desmond Blake, City Of New York, Joseph Ponte, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti..(Scharfstein, Susan)
January 29, 2021 Opinion or Order Filing 179 NOTICE OF APPEARANCE by Samuel Asher Blaustein on behalf of Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Blaustein, Samuel)
January 29, 2021 Opinion or Order Filing 178 STATUS REPORT. Joint Status Report Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Quainton, Eden)
January 13, 2021 Opinion or Order Filing 177 AFFIDAVIT OF SERVICE of Initial Rule 26(a) Disclosures served on Eden Quainton, Esq., Dunnington & Susan Sharfstein, Esq., NYC Corporation Counsel on January 6, 7, 2021. Service was made by Regular Mail and Email. Document filed by Corizon Health, Inc., Nicole Lanatra, Antonio Martinez, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu..(Dufficy, Doreen)
November 30, 2020 Opinion or Order Filing 176 MEMO ENDORSEMENT on re: #163 LETTER MOTION to Adjourn Conference. ENDORSEMENT: The status conference scheduled for December 8, 2020 is adjourned to February 23, 2021 at 9:45 a.m. The parties shall submit a joint status letter within 60 days. (Status Conference set for 2/23/2021 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 11/30/2020) (jwh)
November 30, 2020 Opinion or Order Filing 175 SCHEDULING ORDER granting #163 Letter Motion to Adjourn Conference; granting #163 Letter Motion for Discovery: IT IS HEREBY ORDERED that the following Scheduling Order is entered: Close of Fact Discovery: September 15, 2021. Completion of Expert Discovery: December 30, 2021. Summary Judgment Motions No later than 30 days following completion of all discovery. Pretrial Conference: To be determined on a date no later than 60 days prior to the date set for trial. Trial: To be determined by the Court. (Signed by Judge George B. Daniels on 11/30/2020) (jwh)
November 30, 2020 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 12/30/2021. Fact Discovery due by 9/15/2021. (jwh)
November 23, 2020 Opinion or Order Filing 174 ANSWER to #157 Amended Complaint,,, with JURY DEMAND. Document filed by New York City Health And Hospitals Corporation..(Dufficy, Doreen)
November 23, 2020 Opinion or Order Filing 173 ANSWER to #161 Amended Complaint,,, with JURY DEMAND. Document filed by Jennifer Wu..(Dufficy, Doreen)
November 23, 2020 Opinion or Order Filing 172 ANSWER to #161 Amended Complaint,,, with JURY DEMAND. Document filed by Myat Win..(Dufficy, Doreen)
November 23, 2020 Opinion or Order Filing 171 ANSWER to #161 Amended Complaint,,, with JURY DEMAND. Document filed by Aaron Stern..(Dufficy, Doreen)
November 23, 2020 Opinion or Order Filing 170 ANSWER to #157 Amended Complaint,,, with JURY DEMAND. Document filed by Roopalekha Shenoy..(Dufficy, Doreen)
November 23, 2020 Opinion or Order Filing 169 ANSWER to #161 Amended Complaint,,, with JURY DEMAND. Document filed by Physician Affiliate Group of New York..(Dufficy, Doreen)
November 23, 2020 Opinion or Order Filing 168 ANSWER to #161 Amended Complaint,,, with JURY DEMAND. Document filed by Mary Lynn Nierodzik..(Dufficy, Doreen)
November 23, 2020 Opinion or Order Filing 167 ANSWER to #161 Amended Complaint,,, with JURY DEMAND. Document filed by Maung Maungoo, M.D...(Dufficy, Doreen)
November 23, 2020 Opinion or Order Filing 166 ANSWER to #161 Amended Complaint,,, with JURY DEMAND. Document filed by Antonio Martinez..(Dufficy, Doreen)
November 23, 2020 Opinion or Order Filing 165 ANSWER to #161 Amended Complaint,,, with JURY DEMAND. Document filed by Nicole Lanatra..(Dufficy, Doreen)
November 23, 2020 Opinion or Order Filing 164 ANSWER to #161 Amended Complaint,,, with JURY DEMAND. Document filed by Corizon Health, Inc...(Dufficy, Doreen)
November 23, 2020 Opinion or Order Filing 163 LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Eden P. Quainton dated 11/23/2020., LETTER MOTION for Discovery Plan Consideration addressed to Judge George B. Daniels from Eden P. Quainton dated 11/23/2020. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Attachments: #1 Joint Rule 26(f) Conference Report and Discovery Plan).(Quainton, Eden)
November 23, 2020 Opinion or Order Filing 162 ANSWER to #161 Amended Complaint,,, with JURY DEMAND. Document filed by Desmond Blake, City Of New York, Joseph Ponte, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti..(Scharfstein, Susan)
October 28, 2020 Opinion or Order Filing 161 SECOND AMENDED COMPLAINT amending #155 Amended Complaint,,, #157 Amended Complaint,,, against Desmond Blake, City Of New York, Corizon Health, Inc., John Does 1-38, Nicole Lanatra, Antonio Martinez, Maung Maungoo, M.D., Mary Lynn Nierodzik, Timothy Owens, Physician Affiliate Group of New York, Joseph Ponte, Reyes, Fred Rolle, Johanne Saint-Fleur, Patricia Scott Fleming(individually), Roopalekha Shenoy, Aaron Stern, Jorel Ward, David Whitaker, Curlee Williams, Myat Win, John Wisti, Jennifer Wu with JURY DEMAND.Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). Related document: #155 Amended Complaint,,, #157 Amended Complaint,,,. (Attachments: #1 Exhibit Exhibit A - Letters of Administration, #2 Affidavit Certificate of Merit, #3 Affidavit Verification).(Quainton, Eden)
October 28, 2020 Opinion or Order Filing 160 ORDER granting #159 Letter Motion for Leave to File Document: Plaintiff's unopposed motion for leave to file a corrected second amended complaint, (ECF No. 159), is GRANTED. Defendants will answer or otherwise respond to the second amended complaint on or before November 23, 2020. (Signed by Judge George B. Daniels on 10/28/2020) (jwh)
October 27, 2020 Opinion or Order Filing 159 LETTER MOTION for Leave to File Letter Motion for Permission to Make Corrective Filing addressed to Judge George B. Daniels from Eden Quainton dated 10/27/2020. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Quainton, Eden)
October 26, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eden P. Quainton to RE-FILE re: Document No. #157 Amended Complaint,,,. The filing is deficient for the following reason(s): Court's leave has not been granted. The amended complaint was correctly filed after the due date. Permission from Chambers will be needed to approve the Amended Complaint. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc)
October 23, 2020 Opinion or Order Filing 158 EXHIBIT TO PLEADING re: #157 Amended Complaint,,. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Quainton, Eden)
October 23, 2020 Opinion or Order Filing 157 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE -SECOND AMENDED COMPLAINT amending #155 Amended Complaint,,, against Desmond Blake, City Of New York, Corizon Health, Inc., John Does 1-38, Nicole Lanatra, Antonio Martinez, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Timothy Owens, Physician Affiliate Group of New York, Joseph Ponte, Reyes, Fred Rolle, Johanne Saint-Fleur, Roopalekha Shenoy, Aaron Stern, Jorel Ward, David Whitaker, Curlee Williams, Myat Win, John Wisti, Jennifer Wu with JURY DEMAND.Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). Related document: #155 Amended Complaint,,,..(Quainton, Eden) Modified on 10/26/2020 (pc).
October 23, 2020 Opinion or Order Filing 156 NOTICE of Change of Firm. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Quainton, Eden)
October 23, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eden P. Quainton to RE-FILE Document No. #155 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Bellevue Hospital Center and Elmhurst Hospital Center are not listed in Amended Pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
October 22, 2020 Opinion or Order Filing 155 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT amending #6 Amended Complaint against Bellevue Hospital Center, Desmond Blake, City Of New York, Corizon Health, Inc., John Does 1-38, Elmhurst Hospital Center, Nicole Lanatra, Antonio Martinez, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Timothy Owens, Physician Affiliate Group of New York, Joseph Ponte, Reyes, Fred Rolle, Johanne Saint-Fleur, Roopalekha Shenoy, Aaron Stern, Jorel Ward, David Whitaker, Curlee Williams, Myat Win, John Wisti, Jennifer Wu with JURY DEMAND.Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). Related document: #6 Amended Complaint.(Quainton, Eden) Modified on 10/23/2020 (sj).
September 28, 2020 Opinion or Order Filing 154 ORDER: The status conference scheduled on October 20, 2020 at 9:45am is hereby adjourned to December 8, 2020 at 9:45am. Plaintiff's counsel will file the SAC before or on October 22, 2020; Defendants will answer or otherwise respond to the SAC before or on November 16, 2020; as further set forth in this Order. (Amended Pleadings due by 10/22/2020., Status Conference set for 12/8/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/25/2020) (cf)
September 24, 2020 Opinion or Order Filing 153 LETTER addressed to Judge George B. Daniels from Eden P. Quainton dated 09/24/2020 re: Adjournment of October 20 Conference. Document filed by Patricia Scott Fleming(individually)..(Quainton, Eden)
August 10, 2020 Opinion or Order Filing 152 ORDER granting #151 Letter Motion to Adjourn Conference: The status conference scheduled for August 11, 2020 is adjourned to October 20, 2020 at 9:45 a.m. (Status Conference set for 10/20/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/10/2020) (jwh)
August 5, 2020 Opinion or Order Filing 151 LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Doreen Dufficy dated August 5, 2020. Document filed by Corizon Health, Inc., Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Antonio Martinez, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu..(Dufficy, Doreen)
July 29, 2020 Opinion or Order Filing 150 LETTER MOTION to Compel to modify decision addressed to Judge George B. Daniels from Doreen Dufficy dated July 29, 2020. Document filed by Corizon Health, Inc., Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Antonio Martinez, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu..(Dufficy, Doreen)
July 23, 2020 Opinion or Order Filing 149 MEMORANDUM DECISION AND ORDER granting #137 Letter Motion for Leave to File Document: Plaintiff's motion for leave to file second amended complaint, (ECF No. 137), is GRANTED as to Plaintiff's claim of deliberate indifference (1) against C.O. Defendants and Drs. Maungoo and Win for failing to make mental health referrals, (2) against C.O. Defendants and Drs. Maungoo, Mmiinez, and Win for failing to provide Fleming's medically prescribed diet, and (3) against C.O. Defendants for failing to take Fleming to medical appointments, as well as Plaintiff's Monell Claim against the City for Fourth Amendment excessive force violations. The Clerk of Court is directed to close the motion accordingly. (Signed by Judge George B. Daniels on 7/23/2020) (jwh) (Main Document 149 replaced on 7/29/2020) (jwh). Modified on 7/29/2020 (jwh).
June 29, 2020 Opinion or Order Filing 148 ORDER: granting #147 Letter Motion to Adjourn Conference. The status conference scheduled for July 9, 2020 is adjourned to August 11, 2020 at 9:45 a.m. SO ORDERED. Status Conference set for 8/11/2020 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 6/29/2020) (ama)
June 26, 2020 Opinion or Order Filing 147 LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Eden P. Quainton dated 06/26/2020. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming)..(Quainton, Eden)
May 5, 2020 Opinion or Order Filing 146 MEMORANDUM DECISION AND ORDER denying #129 Motion for Reconsideration: Plaintiff's motion for reconsideration, (ECF No. 129), is DENIED. The Clerk of Court is instructed to close the motion accordingly. (Signed by Judge George B. Daniels on 5/5/2020) (jwh)
March 31, 2020 Opinion or Order Filing 145 ORDER: The April 23, 2020 conference is adjourned to July 9, 2020 at 9:45 a.m. (Status Conference set for 7/9/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/24/2020) (jwh)
March 26, 2020 Opinion or Order Filing 144 NOTICE OF APPEARANCE by Mandy Nguyen on behalf of Corizon Health, Inc...(Nguyen, Mandy)
March 16, 2020 Opinion or Order Filing 143 ORDER granting #142 Letter Motion to Adjourn Conference: The status conference scheduled for March 17, 2020 is adjourned to April 23, 2020 at 9:45 a.m. (Status Conference set for 4/23/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/16/2020) (jwh)
March 16, 2020 Opinion or Order Filing 142 LETTER MOTION to Adjourn Conference scheduled for tomorrow, March 17, 2020, in light of the COVID-19 coronavirus public health emergency addressed to Judge George B. Daniels from Susan Scharfstein dated March 16, 2020. Document filed by Desmond Blake, City Of New York, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti..(Scharfstein, Susan)
March 16, 2020 Opinion or Order Terminate Transcript Deadlines (jwh)
March 6, 2020 Opinion or Order Filing 141 REPLY MEMORANDUM OF LAW in Opposition re: #137 LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge George B. Daniels from Eden P. Quainton dated 01/17/2020. . Document filed by Patricia Scott Fleming(individually). (Attachments: #1 Affidavit Declaration of Eden P. Quainton, #2 Exhibit Comparewrite of FAC and SAC, #3 Text of Proposed Order Proposed Order).(Quainton, Eden)
February 21, 2020 Opinion or Order Filing 140 ORDER granting #139 Letter Motion for Extension of Time to Answer: SO ORDERED. (Signed by Judge George B. Daniels on 2/21/2020) (jwh)
February 20, 2020 Opinion or Order Filing 139 LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from Susan Scharfstein dated February 20,2020., LETTER MOTION for Extension of Time to File Answer addressed to Judge George B. Daniels from Susan Scharfstein dated February 20,2020. Document filed by Desmond Blake, City Of New York, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti..(Scharfstein, Susan)
February 19, 2020 Opinion or Order Filing 138 FIRST MEMORANDUM OF LAW in Opposition re: #137 LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge George B. Daniels from Eden P. Quainton dated 01/17/2020. MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION TO AMEND THE COMPLAINT. Document filed by Corizon Health, Inc., Nicole Lanatra, Mahmood, Antonio Martinez, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu..(Dufficy, Doreen)
January 17, 2020 Opinion or Order Filing 137 LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge George B. Daniels from Eden P. Quainton dated 01/17/2020. Document filed by Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Exhibit Comparewrite of Proposed Second Amended Complaint and First Amended Complaint)(Quainton, Eden)
January 13, 2020 Opinion or Order Filing 136 MEMO ENDORSEMENT on re: #135 Letter, filed by Patricia Scott Fleming. ENDORSEMENT: SO ORDERED. The status conference scheduled for February 25, 2020 is adjourned to March 17, 2020 at 9:45 a.m. ( Status Conference set for 3/17/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/13/2020) (va)
January 9, 2020 Opinion or Order Filing 135 LETTER addressed to Judge George B. Daniels from Eden P. Quainton dated 01/09/2020 re: Extension of Time/Briefing Schedule. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming).(Quainton, Eden)
December 19, 2019 Opinion or Order Filing 134 MEMO ENDORSEMENT on re: #133 Letter. ENDORSEMENT: SO ORDERED. (Amended Pleadings due by 1/10/2020. Status Conference set for 2/25/2020 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 12/19/2019) (jwh)
December 18, 2019 Opinion or Order Filing 133 LETTER addressed to Judge George B. Daniels from Eden P. Quainton dated December 18, 2019 re: Extension of Time for Proposed Second Amended Complaint. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming).(Quainton, Eden)
October 14, 2019 Opinion or Order Filing 132 MOTION for Reconsideration re; #129 MOTION for Reconsideration re; #127 Order on Motion to Dismiss,,,,,,, . Memorandum in Reply to Opposition to Motion for Reconsideration. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming).(Quainton, Eden)
October 2, 2019 Opinion or Order Filing 131 MEMORANDUM OF LAW in Opposition re: #129 MOTION for Reconsideration re; #127 Order on Motion to Dismiss,,,,,,, . . Document filed by Desmond Blake, City Of New York, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti. (Scharfstein, Susan)
September 11, 2019 Opinion or Order Filing 130 ORDER: The briefing schedule on the motion for reconsideration is as follows: September 11, 2019: Plaintiff's motion for reconsideration. October 2, 2019: Defendants' opposition to Plaintiff's motion. October 14, 2019: Plaintiff's reply, if any. A status conference is scheduled for February 11, 2020 at 9:30 a.m. Plaintiff may move to amend the complaint by December 27, 2019. Defendants shall file a response or an answer to the amended complaint by January 27, 2020. (Set Deadlines/Hearing as to #129 MOTION for Reconsideration: Responses due by 10/2/2019, Replies due by 10/14/2019. Status Conference set for 2/11/2020 at 09:30 AM before Judge George B. Daniels. Motions due by 12/27/2019. Responses due by 1/27/2020) (Signed by Judge George B. Daniels on 9/11/2019) (jwh)
September 11, 2019 Opinion or Order Filing 129 MOTION for Reconsideration re; #127 Order on Motion to Dismiss,,,,,,, . Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Attachments: #1 Memorandum in Support of Motion for Reconsideration)(Quainton, Eden)
September 10, 2019 Opinion or Order Filing 128 LETTER addressed to Judge George B. Daniels from Eden P. Quainton dated September 10, 2019 re: Extension of Time/Briefing Schedule. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming).(Quainton, Eden)
August 27, 2019 Opinion or Order Filing 127 MEMORANDUM DECISION AND ORDER granting #72 Motion to Dismiss; granting #85 Motion to Dismiss: Defendants' motions to dismiss Counts Nine and Ten (negligent hiring and detention), Eleven and Eighteen ( 1983 Monell claims), Sixteen ( 1983 claims for malicious prosecution pursuant to Brady v. Maryland, 373 U.S. 83 (1963)), Seventeen ( 1983 claim for loss of familial relationship), and Nineteen (declaratory judgment) are GRANTED. The Medical Defendants' motion to dismiss Counts Two (ADA claims) and Three (RA claims) is GRANTED. The Medical Defendants' motion to dismiss Counts Fourteen (medical malpractice) and Fifteen (wrongful death) against Dr. Richard Holman, Nurse Mahmood, and PA Larosa, and Count One ( 1983 claims for deliberate indifference to medical needs) against Dr. Joon Park is GRANTED. Accordingly, the Clerk of Court is instructed to close the motions at ECF Nos. 72 and 85. (Signed by Judge George B. Daniels on 8/27/2019) (jwh)
August 27, 2019 Opinion or Order Filing 126 MEMORANDUM DECISION AND ORDER granting #76 Motion to Dismiss: Endo's motion to dismiss all claims against it, ECF No. 76, is GRANTED. Accordingly, the Clerk of Court is instructed to close the motion. (Signed by Judge George B. Daniels on 8/27/2019) (jwh)
July 10, 2019 Opinion or Order Filing 125 LETTER addressed to Judge George B. Daniels from Doreen Dufficy dated July 10, 2019 re: Request that the Court disregard supplemental submission. Document filed by Bellevue Hospital Center, Elmhurst Hospital Center, Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu.(Dufficy, Doreen)
June 26, 2019 Opinion or Order Filing 124 LETTER addressed to Judge George B. Daniels from Eden P. Quainton dated 06/26/2019 re: Supplemental Authority. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming).(Quainton, Eden)
June 7, 2019 Opinion or Order Filing 123 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/21/19 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)
June 7, 2019 Opinion or Order Filing 122 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/21/2019 before Judge George B. Daniels. Court Reporter/Transcriber: Elizabeth Chan, (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 6/28/2019. Redacted Transcript Deadline set for 7/8/2019. Release of Transcript Restriction set for 9/5/2019.(McGuirk, Kelly)
May 30, 2019 Opinion or Order Filing 121 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/30/19 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)
May 30, 2019 Opinion or Order Filing 120 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/30/2019 before Judge George B. Daniels. Court Reporter/Transcriber: Steven Greenblum, (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 6/20/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/28/2019.(McGuirk, Kelly)
May 21, 2019 Opinion or Order Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 5/21/2019 re: #76 MOTION to Dismiss Plaintiff's First Amended Verified Complaint. filed by Endo Health Solutions, Inc., #85 MOTION to Dismiss . filed by Desmond Blake, John Wisti, City Of New York, Curlee Williams, Jorel Ward, Joseph Ponte, New York City Department Of Corrections, Fred Rolle, #72 MOTION to Dismiss FIRST AMENDED COMPLAINT. filed by Maung Maungoo, M.D., Christopher Larosa, Mary Lynn Nierodzik, Physician Affiliate Group of New York, Elmhurst Hospital Center, Mahmood, New York City Health And Hospitals Corporation, Joon Park, Nicole Lanatra, Bellevue Hospital Center, Aaron Stern, Myat Win, Roopalekha Shenoy, Jennifer Wu, Richard Holman. Plaintiff Counsel: Eden P. QuaintonDefense Counsel: Susan P. Scharfstein, Ana Maria Vizzo, Angela Rosalee Vicari and Court Reporter present. (Vega, Elizabeth)
April 30, 2019 Opinion or Order Minute Entry for proceedings held before Judge George B. Daniels: Initial Pretrial Conference held on 4/30/2019, ( Oral Argument set for 5/21/2019 at 10:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Oral argument on motions to dismiss (ECF Nos. 72, 76, and 85)Plaintiff Counsel: Eden P. QuaintonDefense Counsel: Susan P. Scharfstein, Doreen Dufficy, Angela Rosalee Vicari and Court Reporter present. (Vega, Elizabeth)
April 29, 2019 Opinion or Order Filing 119 LETTER MOTION for Oral Argument addressed to Judge George B. Daniels from Eden P. Quainton dated April 29, 2019. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming).(Quainton, Eden)
April 26, 2019 Opinion or Order Filing 118 REPLY MEMORANDUM OF LAW in Support re: #85 MOTION to Dismiss . . Document filed by Desmond Blake, City Of New York, New York City Department Of Corrections, Joseph Ponte, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti. (Scharfstein, Susan)
April 26, 2019 Opinion or Order Filing 117 REPLY MEMORANDUM OF LAW in Support re: #76 MOTION to Dismiss Plaintiff's First Amended Verified Complaint. . Document filed by Endo Health Solutions, Inc.. (Vicari, Angela)
April 23, 2019 Opinion or Order Filing 116 REPLY MEMORANDUM OF LAW in Support re: #72 MOTION to Dismiss FIRST AMENDED COMPLAINT. . Document filed by Bellevue Hospital Center, Corizon Health, Inc., Elmhurst Hospital Center, Richard Holman, Nicole Lanatra, Christopher Larosa, Antonio Martinez, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu. (Paxson, Daryl)
March 20, 2019 Opinion or Order Filing 115 MEMO ENDORSEMENT on re: #110 Letter, filed by Maung Maungoo, M.D., Christopher Larosa, Mary Lynn Nierodzik, Physician Affiliate Group of New York, Elmhurst Hospital Center, Mahmood, New York City Health And Hospitals Corporation, Joon Park, Nicole Lanatra, Bellevue Hospital Center, Aaron Stern, Myat Win, Roopalekha Shenoy, Jennifer Wu, Richard Holman. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 3/20/2019) (ks)
March 19, 2019 Opinion or Order Filing 114 NOTICE OF APPEARANCE by Daryl Paxson on behalf of Antonio Martinez. (Paxson, Daryl)
March 19, 2019 Opinion or Order Filing 113 MEMORANDUM OF LAW in Opposition re: #76 MOTION to Dismiss Plaintiff's First Amended Verified Complaint. . Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
March 19, 2019 Opinion or Order Filing 112 MEMORANDUM OF LAW in Opposition re: #72 MOTION to Dismiss FIRST AMENDED COMPLAINT. . Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
March 19, 2019 Opinion or Order Filing 111 NOTICE OF APPEARANCE by Ana Maria Vizzo on behalf of Antonio Martinez. (Vizzo, Ana)
March 19, 2019 Opinion or Order Filing 110 LETTER addressed to Judge George B. Daniels from Doreen Dufficy dated March 18, 2019 re: Antonia Martinez joins the pending motion to dismiss. Document filed by Bellevue Hospital Center, Elmhurst Hospital Center, Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu.(Dufficy, Doreen)
March 19, 2019 Opinion or Order Filing 109 NOTICE OF APPEARANCE by Doreen Dufficy on behalf of Antonio Martinez. (Dufficy, Doreen)
March 15, 2019 Opinion or Order Filing 108 FILING ERROR - DEFICIENT DOCKET ENTRY - (See Doc #113) BRIEF re: #76 MOTION to Dismiss Plaintiff's First Amended Verified Complaint. . Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming).(Quainton, Eden) Modified on 3/19/2019 (kj).
March 15, 2019 Opinion or Order Filing 107 FILING ERROR - DEFICIENT DOCKET ENTRY - (See Doc #112) BRIEF re: #72 MOTION to Dismiss FIRST AMENDED COMPLAINT. . Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming).(Quainton, Eden) Modified on 3/19/2019 (kj).
March 15, 2019 Opinion or Order Filing 106 DECLARATION of Eden P. Quainton in Opposition re: #85 MOTION to Dismiss .. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Attachments: #1 Exhibit August 4, 2014 SDNY Rikers Report, #2 Exhibit November 18, 2014 Board of Corrections Open Meeting Minutes, #3 Exhibit January 15, 2015 NYC Department of Investigation Report)(Quainton, Eden)
March 15, 2019 Opinion or Order Filing 105 MEMORANDUM OF LAW in Opposition re: #85 MOTION to Dismiss . . Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
March 13, 2019 Opinion or Order Filing 104 MEMO ENDORSEMENT on re: #103 Letter. ENDORSEMENT: SO ORDERED. The initial conference is adjourned to April 30, 2019 at 9:30 a.m. (Set Deadlines/Hearing as to #72 MOTION to Dismiss FIRST AMENDED COMPLAINT; #85 MOTION to Dismiss; #76 MOTION to Dismiss Plaintiff's First Amended Verified Complaint: Replies due by 4/26/2019. Initial Conference set for 4/30/2019 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/13/2019) (jwh)
March 12, 2019 Opinion or Order Filing 103 LETTER addressed to Judge George B. Daniels from Eden P. Quainton dated 03/12/2019 re: Letter Request for Extension of Time to File Reply Briefs and Adjournment of Preliminary Conference. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming).(Quainton, Eden)
March 12, 2019 Opinion or Order Filing 102 MEMO ENDORSEMENT on re: #100 Letter, filed by Patricia Scott Fleming. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 3/12/2019) (jca)
March 12, 2019 Opinion or Order Filing 101 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Antonio Martinez served on 3/7/2019, answer due 3/28/2019. Service was accepted by Dr. Antonio Martinez. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
March 11, 2019 Opinion or Order Filing 100 LETTER addressed to Judge George B. Daniels from Eden P. Quainton dated 03/11/2019 re: Letter Request for Permission to File Overlength Opposition Briefs. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming).(Quainton, Eden)
February 25, 2019 Opinion or Order Filing 99 LETTER addressed to Judge George B. Daniels from Doreen Dufficy dated February 25, 2019 re: affidavit of service filed for Dr. Martinez does not reflect proper service. Document filed by Corizon Health, Inc., Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu.(Dufficy, Doreen)
February 16, 2019 Opinion or Order Filing 98 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Service was accepted by Dr. Antonio Martinez. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
February 13, 2019 Opinion or Order Filing 97 MEMO ENDORSEMENT on re: #96 LETTER addressed to Judge George B. Daniels from Eden P. Quainton dated 02/12/2019 re: Letter Request for Extension of Time to File Opposition Briefs. Document filed by Patricia Scott Fleming (individually), Patricia Scott Fleming (as Administratrix of the Estate of Patrick Fleming). ENDORSEMENT: So ordered. The conference is adjourned to April 16, 2019 at 9:30 a.m. (Responses due by 3/15/2019. Replies due by 4/12/2019.) (Initial Conference set for 4/16/2019 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 2/13/2019) (rjm)
February 12, 2019 Opinion or Order Filing 96 LETTER addressed to Judge George B. Daniels from Eden P. Quainton dated 02/12/2019 re: Letter Request for Extension of Time to File Opposition Briefs. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming).(Quainton, Eden)
January 29, 2019 Opinion or Order Filing 95 NOTICE OF APPEARANCE by Ana Maria Vizzo on behalf of Corizon Health, Inc.. (Vizzo, Ana)
January 29, 2019 Opinion or Order Filing 94 NOTICE OF APPEARANCE by Daryl Paxson on behalf of Corizon Health, Inc.. (Paxson, Daryl)
January 25, 2019 Opinion or Order Filing 93 NOTICE OF APPEARANCE by Doreen Dufficy on behalf of Corizon Health, Inc.. (Dufficy, Doreen)
January 23, 2019 Opinion or Order Filing 92 MEMO ENDORSEMENT on re: #91 Letter, filed by Maung Maungoo, M.D., Christopher Larosa, Mary Lynn Nierodzik, Physician Affiliate Group of New York, Elmhurst Hospital Center, Mahmood, New York City Health And Hospitals Corporation, Joon Park, Nicole Lanatra, Bellevue Hospital Center, Aaron Stern, Myat Win, Roopalekha Shenoy, Jennifer Wu, Richard Holman. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 1/23/2019) (mro)
January 22, 2019 Opinion or Order Filing 91 LETTER addressed to Judge George B. Daniels from Daryl Paxson, Esq. dated January 22, 2019 re: Service of Corizon Health, Inc.. Document filed by Bellevue Hospital Center, Elmhurst Hospital Center, Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu.(Paxson, Daryl)
January 17, 2019 Opinion or Order Filing 90 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Corizon Health, Inc. served on 1/7/2019, answer due 1/28/2019. Service was accepted by Dawn Lamb, Authorized Agent. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
January 17, 2019 Opinion or Order Filing 89 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Corizon Health, Inc. served on 8/27/2018, answer due 9/17/2018. Service was accepted by Dristol, Authorized Agent. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
January 7, 2019 Opinion or Order Filing 88 ORDER granting #83 LETTER MOTION to Adjourn Conference scheduled for January 8, 2019 addressed to Judge George B. Daniels from Doreen Dufficy dated January 4, 2019. Document filed by Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu. So ordered. The initial conference is scheduled for March 19, 2019 at 9:30 a.m. Granting #84 LETTER MOTION to Adjourn Conference scheduled for January 8, 2019 addressed to Judge George B. Daniels from Doreen Dufficy dated January 4, 2019. Document filed by Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu. (Initial Conference set for 3/19/2019 at 09:30 AM before Judge George B. Daniels). (Signed by Judge George B. Daniels on 1/7/2019) (rjm)
January 7, 2019 Opinion or Order Filing 87 LETTER addressed to Judge George B. Daniels from Susan Scharfstein dated January 7, 2019 re: courtesy copies of motion papers. Document filed by Desmond Blake, City Of New York, New York City Department Of Corrections, Joseph Ponte, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti.(Scharfstein, Susan)
January 7, 2019 Opinion or Order Filing 86 MEMORANDUM OF LAW in Support re: #85 MOTION to Dismiss . . Document filed by Desmond Blake, City Of New York, New York City Department Of Corrections, Joseph Ponte, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti. (Scharfstein, Susan)
January 7, 2019 Opinion or Order Filing 85 MOTION to Dismiss . Document filed by Desmond Blake, City Of New York, New York City Department Of Corrections, Joseph Ponte, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti. Responses due by 2/21/2019(Scharfstein, Susan)
January 4, 2019 Opinion or Order Filing 84 LETTER MOTION to Adjourn Conference scheduled for January 8, 2019 addressed to Judge George B. Daniels from Doreen Dufficy dated January 4, 2019. Document filed by Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu.(Dufficy, Doreen)
January 4, 2019 Opinion or Order Filing 83 LETTER MOTION to Adjourn Conference scheduled for January 8, 2019 addressed to Judge George B. Daniels from Doreen Dufficy dated January 4, 2019. Document filed by Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu.(Dufficy, Doreen)
January 3, 2019 Opinion or Order Filing 82 MEMO ENDORSEMENT on #80 Letter granting #81 Letter Motion for Extension of Time. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 1/3/2019) (mro) Modified on 1/4/2019 (mro).
January 3, 2019 Opinion or Order Set/Reset Deadlines: Motions due by 1/7/2019. Responses due by 2/21/2019 Replies due by 3/14/2019. (mro)
December 31, 2018 Opinion or Order Filing 81 LETTER MOTION for Extension of Time To File Opposing Papers and Approval of Briefing Schedule addressed to Judge George B. Daniels from Eden P. Quainton dated 12/31/2018. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming).(Quainton, Eden)
December 20, 2018 Opinion or Order Filing 80 LETTER addressed to Judge George B. Daniels from Eden P. Quainton dated 12/20/2018 re: Proposed Briefing Schedule. Document filed by Patricia Scott Fleming(individually).(Quainton, Eden)
December 20, 2018 Opinion or Order Filing 79 LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from Susan Scharfstein dated December 20, 2018. Document filed by Desmond Blake, City Of New York, New York City Department Of Corrections, Joseph Ponte, Fred Rolle, Jorel Ward, Curlee Williams, John Wisti.(Scharfstein, Susan)
December 18, 2018 Opinion or Order Filing 78 MEMORANDUM OF LAW in Support re: #76 MOTION to Dismiss Plaintiff's First Amended Verified Complaint. . Document filed by Endo Health Solutions, Inc.. (Vicari, Angela)
December 18, 2018 Opinion or Order Filing 77 DECLARATION of Angela R. Vicari in Support re: #76 MOTION to Dismiss Plaintiff's First Amended Verified Complaint.. Document filed by Endo Health Solutions, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Vicari, Angela)
December 18, 2018 Opinion or Order Filing 76 MOTION to Dismiss Plaintiff's First Amended Verified Complaint. Document filed by Endo Health Solutions, Inc..(Vicari, Angela)
December 17, 2018 Opinion or Order Filing 75 DECLARATION of Daryl Paxson, Esq. in Support re: #72 MOTION to Dismiss FIRST AMENDED COMPLAINT.. Document filed by Bellevue Hospital Center, Elmhurst Hospital Center, Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu. (Attachments: #1 Exhibit A)(Paxson, Daryl)
December 17, 2018 Opinion or Order Filing 74 MEMORANDUM OF LAW in Support re: #72 MOTION to Dismiss FIRST AMENDED COMPLAINT. . Document filed by Bellevue Hospital Center, Elmhurst Hospital Center, Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu. (Paxson, Daryl)
December 17, 2018 Opinion or Order Filing 73 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #75 Declaration) - DECLARATION of Daryl Paxson, Esq. in Support re: #72 MOTION to Dismiss FIRST AMENDED COMPLAINT. Document filed by Bellevue Hospital Center, Elmhurst Hospital Center, Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu. (Attachments: #1 Exhibit A)(Paxson, Daryl) Modified on 12/18/2018 (db).
December 17, 2018 Opinion or Order Filing 72 MOTION to Dismiss FIRST AMENDED COMPLAINT. Document filed by Bellevue Hospital Center, Elmhurst Hospital Center, Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu.(Paxson, Daryl)
November 19, 2018 Opinion or Order Filing 71 NOTICE OF APPEARANCE by Daryl Paxson on behalf of Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu. (Paxson, Daryl)
November 16, 2018 Opinion or Order Filing 70 NOTICE OF APPEARANCE by Ana Maria Vizzo on behalf of Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu. (Vizzo, Ana)
November 14, 2018 Opinion or Order Filing 69 MEMO ENDORSEMENT on re: #68 Letter, filed by Maung Maungoo, M.D., Christopher Larosa, Mary Lynn Nierodzik, Physician Affiliate Group of New York, Mahmood, New York City Health And Hospitals Corporation, Joon Park, Nicole Lanatra, Aaron Stern, Myat Win, Roopalekha Shenoy, Jennifer Wu, Richard Holman. ENDORSEMENT: The conference is adjourned to January 8, 2019 at 9:30 a.m. SO ORDERED. (Initial Conference set for 1/8/2019 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 11/14/2018) (jca)
November 13, 2018 Opinion or Order Filing 68 LETTER addressed to Judge George B. Daniels from Doreen Dufficy dated November 13, 2018 re: Request uniform deadline to respond to complaint and rescheduling of conference. Document filed by Richard Holman, Nicole Lanatra, Christopher Larosa, Mahmood, Maung Maungoo, M.D., New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Joon Park, Physician Affiliate Group of New York, Roopalekha Shenoy, Aaron Stern, Myat Win, Jennifer Wu.(Dufficy, Doreen)
November 13, 2018 Opinion or Order Filing 67 NOTICE OF APPEARANCE by Doreen Dufficy on behalf of Christopher Larosa, Mahmood, Maung Maungoo, M.D., Joon Park, Physician Affiliate Group of New York, Myat Win. (Dufficy, Doreen)
October 31, 2018 Opinion or Order Filing 66 NOTICE OF APPEARANCE by Angela Rosalee Vicari on behalf of Endo Health Solutions, Inc.. (Vicari, Angela)
October 19, 2018 Opinion or Order Filing 65 MEMO ENDORSEMENT on re: #64 Letter. ENDORSEMENT: SO ORDERED. (Nicole Lanatra answer due 11/20/2018; Mary Lynn Nierodzik answer due 11/20/2018; Jennifer Wu answer due 11/20/2018.) (Signed by Judge George B. Daniels on 10/19/2018) (jwh)
October 18, 2018 Opinion or Order Filing 64 LETTER addressed to Judge George B. Daniels from Doreen Dufficy dated October 18, 2018 re: Request 11/20/18 deadline to respond to Complaint be applicable to 3 additional defendants. Document filed by Richard Holman, Nicole Lanatra, New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Roopalekha Shenoy, Aaron Stern, Jennifer Wu.(Dufficy, Doreen)
October 18, 2018 Opinion or Order Filing 63 NOTICE OF APPEARANCE by Doreen Dufficy on behalf of Nicole Lanatra, Mary Lynn Nierodzik, Jennifer Wu. (Dufficy, Doreen)
September 26, 2018 Opinion or Order Filing 62 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Myat Win served on 9/7/2018, answer due 9/28/2018. Service was accepted by Rene Tarver, person of suitable age and discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 26, 2018 Opinion or Order Filing 61 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Antonio Martinez served on 9/7/2018, answer due 9/28/2018. Service was accepted by Rene Tarver, person of suitable age and discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 26, 2018 Opinion or Order Filing 60 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Maung Maungoo, M.D. served on 9/7/2018, answer due 9/28/2018. Service was accepted by Rene Tarver, person of suitable age and discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 26, 2018 Opinion or Order Filing 59 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Joon Park served on 9/7/2018, answer due 9/28/2018. Service was accepted by Rene Tarver, person of suitable age and discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 26, 2018 Opinion or Order Filing 58 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Mahmood served on 9/10/2018, answer due 10/1/2018. Service was accepted by Marella Lerve, person of suitable age and discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 26, 2018 Opinion or Order Filing 57 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Jorel Ward served on 9/10/2018, answer due 10/1/2018. Service was accepted by Captain Holmes, person of suitable age and discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 26, 2018 Opinion or Order Filing 56 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Christopher Larosa served on 9/7/2018, answer due 9/28/2018. Service was accepted by Rene Tarver, Person of Suitable Age and Discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 20, 2018 Opinion or Order Filing 55 NOTICE OF APPEARANCE by Doreen Dufficy on behalf of Richard Holman, Roopalekha Shenoy, Aaron Stern. (Dufficy, Doreen)
September 17, 2018 Opinion or Order Filing 54 ORDER granting #53 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge George B. Daniels on 9/17/2018) (jca)
September 14, 2018 Opinion or Order Filing 53 FIRST LETTER MOTION for Extension of Time To Respond To Complaint addressed to Judge George B. Daniels from Doreen Dufficy dated September 14, 2018. Document filed by New York City Health And Hospitals Corporation.(Dufficy, Doreen)
September 14, 2018 Opinion or Order Filing 52 NOTICE OF APPEARANCE by Doreen Dufficy on behalf of New York City Health And Hospitals Corporation. (Dufficy, Doreen)
September 12, 2018 Opinion or Order Filing 51 ELECTRONIC AMENDED SUMMONS ISSUED as to Johanne Saint-Fleur. (sj)
September 11, 2018 Opinion or Order Filing 50 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Captain Johanne Saint-Fleur, re: #6 Amended Complaint,,,,. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 49 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. New York City Department Of Corrections served on 8/29/2018, answer due 9/19/2018. Service was accepted by Officer Bayley, Designated Agent. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 48 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Joon Park served on 8/29/2018, answer due 9/19/2018. Service was accepted by Rene Tarver, Person of Suitable Age and Discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 47 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Johanne Saint-Fleur served on 8/29/2018, answer due 9/19/2018. Service was accepted by Officer Rosario, Person of Suitable Age and Discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 46 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Christopher Larosa served on 8/29/2018, answer due 9/19/2018. Service was accepted by Rene Tarver, Person of Suitable Age and Discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 45 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Antonio Martinez served on 8/29/2018, answer due 9/19/2018. Service was accepted by ReneTarver, Person of Suitable Age and Discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 44 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Fred Rolle served on 8/29/2018, answer due 9/19/2018. Service was accepted by Officer Rosario, Person of Suitable Age and Discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 43 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. John Wisti served on 8/23/2018, answer due 9/13/2018. Service was accepted by Officer Linek, Person of Suitable Age and Discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 42 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Jorel Ward served on 8/29/2018, answer due 9/19/2018. Service was accepted by Captain Holmes, Person of Suitable Age and Discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 41 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Timothy Owens served on 8/29/2018, answer due 9/19/2018. Service was accepted by Officer Rosario, Person of Suitable Age and Discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 40 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Jennifer Wu served on 8/24/2018, answer due 9/14/2018. Service was accepted by Iris Lopez, Person of Suitable Age and Discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 39 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Mary Lynn Nierodzik served on 8/24/2018, answer due 9/14/2018. Service was accepted by Iris Lopez, Person of Suitable Age and Discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 38 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Maung Maungoo, M.D. served on 8/29/2018, answer due 9/19/2018. Service was accepted by Rene Tarver, Person of Suitable Age and Discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 37 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Myat Win served on 8/29/2018, answer due 9/19/2018. Service was accepted by Rene Tarver, Person of Suitable Age and Discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 36 CERTIFICATE OF SERVICE of Summons and Amended Complaint,,,,. Mahmood served on 8/29/2018, answer due 9/19/2018. Service was accepted by Marella Lerve, Person of Suitable Age and Discretion. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 35 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Curlee Williams served on 8/25/2018, answer due 9/17/2018. Service was accepted by Curlee Williams, Correctional Officer. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 34 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Aaron Stern served on 8/27/2018, answer due 9/17/2018. Service was accepted by Oma Ghamandy, Person of Suitable Age. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 33 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Nicole Lanatra served on 8/24/2018, answer due 9/14/2018. Service was accepted by Iris Lopez, Person of Suitable Age. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 32 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Roopalekha Shenoy served on 8/27/2018, answer due 9/17/2018. Service was accepted by Oma Ghamandy, Person of Suitable Age. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 31 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Richard Holman served on 8/27/2018, answer due 9/17/2018. Service was accepted by Oma Ghamandy, Person of Suitable Age. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 30 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Bellevue Hospital Center served on 8/24/2018, answer due 9/14/2018. Service was accepted by Iris Lopez, Designated Agent. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 29 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Elmhurst Hospital Center served on 8/29/2018, answer due 9/19/2018. Service was accepted by Blanche Greenfield, Senior Counsel Legal Affairs. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 28 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Joseph Ponte served on 8/29/2018, answer due 9/19/2018. Service was accepted by Bayley, Officer. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 27 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Physician Affiliate Group of New York served on 8/24/2018, answer due 9/14/2018. Service was accepted by Christine Riley, Designated Agent. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 26 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Endo Health Solutions, Inc. served on 8/29/2018, answer due 9/19/2018. Service was accepted by Helen Howlett, Senior Litigation Paralegal. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 25 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Desmond Blake served on 8/30/2018, answer due 9/20/2018. Service was accepted by Desmond Blake, Captain. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 24 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. City Of New York served on 8/30/2018, answer due 9/20/2018. Service was accepted by B. Mazyck, Authorized Agent. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 10, 2018 Opinion or Order Filing 23 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. New York City Health And Hospitals Corporation served on 8/29/2018, answer due 9/19/2018. Service was accepted by Blanche Greenfield, Chief Employment Counsel. Document filed by Patricia Scott Fleming(individually); Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 7, 2018 Opinion or Order Filing 22 ELECTRONIC AMENDED SUMMONS ISSUED as to Jorel Ward. (pne)
September 7, 2018 Opinion or Order Filing 21 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Correctional Officer Jorel Ward, re: #6 Amended Complaint,,,,. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
September 5, 2018 Opinion or Order Filing 20 ORDER granting #19 Letter Motion for Extension of Time. The time for Defendants to move, answer, or otherwise respond to the Complaint is extended to November 20, 2018. The September 11, 2018 initial conference is adjourned to November 27, 2018, at 9:30 a.m. (Signed by Judge George B. Daniels on 9/5/2018) (mro)
September 5, 2018 Opinion or Order Set/Reset Hearings: Initial Conference set for 11/27/2018 at 09:30 AM before Judge George B. Daniels. (mro)
September 4, 2018 Opinion or Order Filing 19 LETTER MOTION for Extension of Time to respond to Amended Complaint and to adjourn September 11, 2018 initial conference addressed to Judge George B. Daniels from Susan Scharfstein dated September 4, 2018. Document filed by City Of New York, New York City Department Of Corrections, Joseph Ponte.(Scharfstein, Susan)
September 4, 2018 Opinion or Order Filing 18 NOTICE OF CHANGE OF ADDRESS by Susan P. Scharfstein on behalf of City Of New York, New York City Department Of Corrections, Joseph Ponte. New Address: New York City Law Department, 100 Church Street, New York, New York, 10007, (212) 356-2355. (Scharfstein, Susan)
August 31, 2018 Opinion or Order Filing 17 NOTICE OF APPEARANCE by Susan P. Scharfstein on behalf of City Of New York. (Scharfstein, Susan)
August 30, 2018 Opinion or Order Filing 16 ELECTRONIC AMENDED SUMMONS ISSUED as to Christopher Larosa, Nurse Mahmood, Antonio Martinez, Maung Maungoo, Joon Park, Myat Win. (pne)
August 30, 2018 Opinion or Order Filing 15 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to MAUNG MAUNGOO, M.D., MYAT WIN, M.D., ANTONIO MARTINEZ, M.D., JOON PARK, M.D., CHRISTOPHER LAROSA, P.A. NURSE MAHMOOD,, re: #6 Amended Complaint,,,,. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
August 30, 2018 Opinion or Order Filing 14 ELECTRONIC AMENDED SUMMONS ISSUED as to Desmond Blake, City Of New York. (jgo)
August 30, 2018 Opinion or Order Filing 13 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to City of New York, Captain Desmond Blake, re: #6 Amended Complaint,,,,. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
August 30, 2018 Opinion or Order Filing 12 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to City of New York, Captain Desmond Blake, re: #6 Amended Complaint,,,,. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden) Modified on 8/30/2018 (jgo).
August 20, 2018 Opinion or Order Filing 11 ELECTRONIC SUMMONS ISSUED as to Bellevue Hospital Center, Desmond Blake, City Of New York, Corizon Health, Inc., John Does 1-38, Elmhurst Hospital Center, Richard Holman, Nicole Lanatra, New York City Department Of Corrections, New York City Health And Hospitals Corporation, Mary Lynn Nierodzik, Timothy Owens, Physician Affiliate Group of New York, Fred Rolle, Johanne Saint-Fleur, Roopalekha Shenoy, Aaron Stern, Jorel Ward, David Whitaker, Curlee Williams, John Wisti, Jennifer Wu. (pc)
August 17, 2018 Opinion or Order Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF CORRECTIONS, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, CORIZON HEALTH, INC., PHYSICIAN AFFILIATE GROUP OF NEW YORK, ELMHURST HOSPITAL CENTER, BELLEVUE HOSPITAL CENTER, RICHARD HOLMAN, M.D., NICOLE LANATRA, M.D., MARY LYNN NIERODZIK, M.D., ROOPALEKHA SHENOY, M.D., AARON STERN, M.D., JENNIFER WU, M.D., CAPTAIN DESMOND BLAKE, CAPTAIN JOHANNE SAINT-FLEUR, CORRECTIONAL OFFICER TIMOTHY OWENS, CORRECTIONAL OFFICER FRED ROLLE, CORRECTIONAL OFFICER JOREL WARD, CORRECTIONAL OFICER JOHN WISTI, CORRECTIONAL OFFICER DAVID WHITAKER, CORRECTIONAL OFFICER CURLEE WILLIAMS, JOHN DOES 1-38, re: #6 Amended Complaint,,,,. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
August 17, 2018 Opinion or Order Filing 9 ELECTRONIC SUMMONS ISSUED as to Endo Health Solutions, Inc., Endo International PLC, Christopher Larosa, Mahmood, Antonio Martinez, Maung Maungoo, M.D., Joon Park, Joseph Ponte, Reyes, Myat Win. (pc)
August 17, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eden P. Quainton. The party information for the following party/parties has been modified: JOON PARK, M.D., CHRISTOPHER LAROSA, P.A., NURSE MAHMOOD, JOSEPH PONTE, Correctional Officer REYES, MYAT WIN, M.D., ANTONIO MARTINEZ, M.D. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (pc)
August 17, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Eden P. Quainton to RE-FILE Document No. #8 Request for Issuance of Amended Summons,,,,. The filing is deficient for the following reason(s): An amended summons can only be issued to parties that were already issued one. Remove the words "First Amended" from "Summons in a civil action". Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
August 16, 2018 Opinion or Order Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF CORRECTIONS, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, CORIZON HEALTH, INC., PHYSICIAN AFFILIATE GROUP OF NEW YORK, ELMHURST HOSPITAL CENTER, BELLEVUE HOSPITAL CENTER, RICHARD HOLMAN, M.D., NICOLE LANATRA, M.D., MARY LYNN NIERODZIK, M.D., ROOPALEKHA SHENOY, M.D., AARON STERN, M.D., JENNIFER WU, M.D., CAPTAIN DESMOND BLAKE, CAPTAIN JOHANNE SAINT-FLEUR, CORRECTIONAL OFFICER TIMOTHY OWENS, CORRECTIONAL OFFICER FRED ROLLE, CORRECTIONAL OFFICER JOREL WARD, CORRECTIONAL OFICER JOHN WISTI, CORRECTIONAL OFFICER DAVID WHITAKER, CORRECTIONAL OFFICER CURLEE WILLIAMS, JOHN DOES 1-38, re: #6 Amended Complaint,,,,. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden) Modified on 8/17/2018 (pc).
August 16, 2018 Opinion or Order Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to ENDO INTERNATIONAL PLC, ENDO HEALTH SOLUTIONS, INC., MAUNG MAUNGOO, M.D., MYAT WIN, M.D., ANTONIO MARTINEZ, M.D., JOON PARK, M.D., CHRISTOPHER LAROSA, P.A., NURSE MAHMOOD, COMMISSIONER JOSEPH PONTE, CORRECTIONAL OFFICER REYES, re: #6 Amended Complaint,,,,. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden)
August 16, 2018 Opinion or Order Filing 6 FIRST AMENDED COMPLAINT amending #1 Complaint,,, against Bellevue Hospital Center, Desmond Blake, City Of New York, Corizon Health, Inc., John Does 1-38, Elmhurst Hospital Center, Richard Holman, Nicole Lanatra, New York City Department Of Corrections, Mary Lynn Nierodzik, Timothy Owens, Physician Affiliate Group of New York, Fred Rolle, Johanne Saint-Fleur, Roopalekha Shenoy, Aaron Stern, Jorel Ward, David Whitaker, Curlee Williams, John Wisti, Jennifer Wu, Endo International PLC, Endo Health Solutions, Inc., Maung Maungoo, M.D., JOON PARK, M.D., CHRISTOPHER LAROSA, P.A., NURSE MAHMOOD, JOSEPH PONTE, Correctional Officer REYES, MYAT WIN, M.D., ANTONIO MARTINEZ, M.D., New York City Health And Hospitals Corporation with JURY DEMAND.Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). Related document: #1 Complaint,,,. (Attachments: #1 Exhibit Letters of Administration, #2 Affidavit Certificate of Merit of Eden P. Quainton, #3 Affidavit Verification of Patricia Fleming of First Amended Complaint)(Quainton, Eden)
June 5, 2018 Opinion or Order Filing 5 INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/11/2018 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels, as further set forth in this order. (Signed by Judge George B. Daniels on 6/5/2018) (jwh)
June 5, 2018 Opinion or Order Filing 4 OATH of Eden P. Quainton Certificate of Merit. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming).(Quainton, Eden)
June 4, 2018 Opinion or Order Case Designated ECF. (pne)
June 4, 2018 Opinion or Order Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne)
June 4, 2018 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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. (pne)
June 4, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eden P. Quainton. The party information for the following party has been modified: Physician Affiliate Group of New York P.C. The information for the party has been modified for the following reason: party name contained a typographical error. (pne)
June 4, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Eden P. Quainton to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason: Addresses were not entered for several defendants listed on the attached rider. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
June 4, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eden P. Quainton to RE-FILE re: Document No. #1 Complaint,,,. The filing is deficient for the following reasons: all of the parties listed on the pleading were not entered on CM ECF; John Does 1-38 must be added to CM ECF; all parties whom the pleading is against were not entered/selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
June 4, 2018 Opinion or Order ADD PARTY FOR PLEADING. Defendants/Respondents All Defendants added. Party added pursuant to #1 Complaint,,,.Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). Related document: #1 Complaint,,,.(Quainton, Eden)
June 1, 2018 Opinion or Order Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF CORRECTIONS, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, CORIZON HEALTH, INC., PHYSICIAN AFFILIATE GROUP OF NEW YORK, ELMHURST HOSPITAL CENTER, BELLEVUE HOSPITAL CENTER, RICHARD HOLMAN, M.D., NICOLE LANATRA, M.D. MARY LYNN NIERODZIK, M.D. ROOPALEKHA SHENOY, M.D., AARON STERN, M.D., JENNIFER WU, M.D., CAPTAIN DESMOND BLAKE, CAPTAIN JOHANNE SAINT-FLEUR, CORRECTIONAL OFFICER TIMOTHY OWENS, CORRECTIONAL OFFICER FRED ROLLE, CORRECTIONAL OFFICER JOREL WARD, CORRECTIONAL OFFICER DAVID WHITAKER, CORRECTIONAL OFFICER WILLIAMS, CORRECTIONAL OFICER JOHN WISTI, and JOHN DOES 1-38, re: #1 Complaint,,. Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Quainton, Eden) Modified on 6/4/2018 (pne).
June 1, 2018 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Quainton, Eden)
June 1, 2018 Opinion or Order Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Bellevue Hospital Center, Desmond Blake, Corizon Health, Inc., Elmhurst Hospital Center, Richard Holman, Nicole Lanatra, New York City Department Of Corrections, Mary Lynn Nierodzik, Timothy Owens, Physician Affiliate Group of New York P.C, Fred Rolle, Johanne Saint-Fleur, Roopalekha Shenoy, Aaron Stern, The City Of New York,, Jorel Ward, David Whitaker, Curlee Williams, John Wisti, Jennifer Wu. (Filing Fee $ 400.00, Receipt Number 0208-15145167)Document filed by Patricia Scott Fleming(individually), Patricia Scott Fleming(as Administratrix of the Estate of Patrick Fleming). (Attachments: #1 Affidavit Verification of Patricia Scott Fleming, #2 Exhibit Letters of Administration)(Quainton, Eden) Modified on 6/4/2018 (pne).

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Search for this case: Scott Fleming et al v. The City Of New York , et al
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Defendant: New York City Department Of Corrections
Represented By: Susan P. Scharfstein
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Defendant: Mary Lynn Nierodzik
Represented By: Ana Maria Vizzo
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Represented By: Tracy Felicia Solomon
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Defendant: Elmhurst Hospital Center
Represented By: Daryl Paxson
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Defendant: Nicole Lanatra
Represented By: Ana Maria Vizzo
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Defendant: Timothy Owens
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Defendant: Jorel Ward
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Defendant: Jennifer Wu
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Defendant: John Wisti
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Defendant: Fred Rolle
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Defendant: Richard Holman
Represented By: Ana Maria Vizzo
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Defendant: The City Of New York,
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Defendant: Desmond Blake
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Defendant: David Whitaker
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Defendant: Corizon Health, Inc.
Represented By: Ana Maria Vizzo
Represented By: Daryl Paxson
Represented By: Doreen Dufficy
Represented By: Mandy Nguyen
Represented By: Tracy Felicia Solomon
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Defendant: Bellevue Hospital Center
Represented By: Daryl Paxson
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Defendant: Aaron Stern
Represented By: Ana Maria Vizzo
Represented By: Daryl Paxson
Represented By: Doreen Dufficy
Represented By: Tracy Felicia Solomon
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Defendant: Roopalekha Shenoy
Represented By: Ana Maria Vizzo
Represented By: Daryl Paxson
Represented By: Doreen Dufficy
Represented By: Tracy Felicia Solomon
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Defendant: Physician Affiliate Group of New York P.C
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Defendant: Curlee Williams
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Defendant: Johanne Saint-Fleur
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Defendant: City Of New York
Represented By: Susan P. Scharfstein
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Defendant: Physician Affiliate Group of New York
Represented By: Ana Maria Vizzo
Represented By: Daryl Paxson
Represented By: Doreen Dufficy
Represented By: Tracy Felicia Solomon
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Defendant: Captain Desmond Blake
Represented By: Susan P. Scharfstein
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Defendant: Captain Johanne Saint-Fleur
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Defendant: Correctional Officer Timothy Owens
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Defendant: Correctional Officer Fred Rolle
Represented By: Susan P. Scharfstein
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Defendant: Correctional Officer Jorel Ward
Represented By: Susan P. Scharfstein
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Defendant: Correctional Officer David Whitaker
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Defendant: Correctional Officer John Wisti
Represented By: Susan P. Scharfstein
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Defendant: Correctional Officer Curlee Williams
Represented By: Susan P. Scharfstein
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Defendant: John Does 1-38
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Defendant: Endo International PLC
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Defendant: Endo Health Solutions, Inc.
Represented By: Angela Rosalee Vicari
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Defendant: Maung Maungoo, M.D.
Represented By: Ana Maria Vizzo
Represented By: Daryl Paxson
Represented By: Doreen Dufficy
Represented By: Tracy Felicia Solomon
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Defendant: M.D. Joon Park
Represented By: Ana Maria Vizzo
Represented By: Daryl Paxson
Represented By: Doreen Dufficy
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Defendant: P.A. Christopher Larosa
Represented By: Ana Maria Vizzo
Represented By: Daryl Paxson
Represented By: Doreen Dufficy
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Defendant: Nurse Mahmood
Represented By: Ana Maria Vizzo
Represented By: Daryl Paxson
Represented By: Doreen Dufficy
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Defendant: Commissioner Joseph Ponte
Represented By: Susan P. Scharfstein
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Defendant: Correctional Officer Reyes
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Defendant: M.D. Myat Win
Represented By: Ana Maria Vizzo
Represented By: Daryl Paxson
Represented By: Doreen Dufficy
Represented By: Tracy Felicia Solomon
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Defendant: M.D. Antonio Martinez
Represented By: Ana Maria Vizzo
Represented By: Daryl Paxson
Represented By: Doreen Dufficy
Represented By: Tracy Felicia Solomon
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Defendant: New York City Health And Hospitals Corporation
Represented By: Ana Maria Vizzo
Represented By: Daryl Paxson
Represented By: Doreen Dufficy
Represented By: Tracy Felicia Solomon
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Plaintiff: Patricia Scott Fleming
Represented By: Eden P. Quainton
Represented By: Samuel Asher Blaustein
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