Farooq v. City Of New York et al
| Umer Farooq |
| City Of New York, New York City Health And Hospitals Corporation, Hinnah Farooqi, Harlem Hospital Center and Ebone Carrington |
| 1:2019cv06294 |
| July 8, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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Filing 40
ORDER granting #39 Letter Motion to Substitute Attorney. SO ORDERED. The Clerk of Court is directed to terminate ECF No. 39. Attorney Liliya Perelman Kramer terminated. (Signed by Judge Jesse M. Furman on 9/5/2019) (ne)
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| Filing 39 LETTER MOTION to Substitute Attorney. Old Attorney: Liliya Kramer, New Attorney: Gary Moy addressed to Judge Jesse M. Furman from Gary Moy dated 9/5/2019. Document filed by Ebone Carrington(Chief Executive Officer of Harlem Hospital Center, in her individual capacity), City Of New York, Hinnah Farooqi(Associate Executive Director of New York City Health and Hospitals Corporation, in her official capacity), Harlem Hospital Center, New York City Health And Hospitals Corporation. (Attachments: #1 Declaration re Substitution of Counsel)(Moy, Gary) |
| Filing 38 NOTICE OF APPEARANCE by Gary Moy on behalf of Ebone Carrington(Chief Executive Officer of Harlem Hospital Center, in her individual capacity), City Of New York, Hinnah Farooqi(Associate Executive Director of New York City Health and Hospitals Corporation, in her official capacity), Harlem Hospital Center, New York City Health And Hospitals Corporation. (Moy, Gary) |
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Filing 37
ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by September 6, 2019. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If no amended complaint is filed, Plaintiff shall filed any opposition to the motion to dismiss by September 6, 2019. Defendants' reply, if any, shall be filed by September 13, 2019. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for September 4, 2019 is adjourned sine die. SO ORDERED. (Amended Pleadings due by 9/6/2019, Responses due by 9/6/2019, Replies due by 9/13/2019.) (Signed by Judge Jesse M. Furman on 8/20/2019) (ne)
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| Filing 36 MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss . . Document filed by Ebone Carrington(Chief Executive Officer of Harlem Hospital Center, in her individual capacity), Ebone Carrington(Chief Executive Officer of Harlem Hospital Center, in her official capacity), City Of New York, Hinnah Farooqi(Associate Executive Director of New York City Health and Hospitals Corporation, in her official capacity), Hinnah Farooqi(Associate Executive Director of New York City Health and Hospitals Corporation, in her individual capacity), Harlem Hospital Center, New York City Health And Hospitals Corporation. (Kramer, Liliya) |
| Filing 35 DECLARATION of Liliya Kramer in Support re: #34 MOTION to Dismiss .. Document filed by Ebone Carrington(Chief Executive Officer of Harlem Hospital Center, in her individual capacity), Ebone Carrington(Chief Executive Officer of Harlem Hospital Center, in her official capacity), City Of New York, Hinnah Farooqi(Associate Executive Director of New York City Health and Hospitals Corporation, in her official capacity), Hinnah Farooqi(Associate Executive Director of New York City Health and Hospitals Corporation, in her individual capacity), Harlem Hospital Center, New York City Health And Hospitals Corporation. (Attachments: #1 Exhibit Disciplinary Charges)(Kramer, Liliya) |
| Filing 34 MOTION to Dismiss . Document filed by Ebone Carrington(Chief Executive Officer of Harlem Hospital Center, in her individual capacity), Ebone Carrington(Chief Executive Officer of Harlem Hospital Center, in her official capacity), City Of New York, Hinnah Farooqi(Associate Executive Director of New York City Health and Hospitals Corporation, in her official capacity), Hinnah Farooqi(Associate Executive Director of New York City Health and Hospitals Corporation, in her individual capacity), Harlem Hospital Center, New York City Health And Hospitals Corporation.(Kramer, Liliya) |
| Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/15/19 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) |
| Filing 32 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/15/2019 before Judge Jesse M. Furman. Court Reporter/Transcriber: Sonya Ketter Moore, (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 8/21/2019. Redacted Transcript Deadline set for 9/3/2019. Release of Transcript Restriction set for 10/29/2019.(McGuirk, Kelly) |
| Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a motion proceeding held on 7/8/19 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) |
| Filing 30 TRANSCRIPT of Proceedings re: motion held on 7/8/2019 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Andrew Walker, (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 8/7/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/15/2019.(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Jesse M. Furman: Status Conference held on 7/15/2019. Launa Droubi and Brandon Kronstat present for Plaintiff. Paul Marks present for Defendants. Court reporter present. (ab) |
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Filing 29
ORDER: Plaintiff's motion for a preliminary injunction is DENIED for the reasons stated on the record at the conference held today, including the representations made by counsel for Defendants as discussed on the record. In addition, Defendants' deadline to answer or otherwise respond to the Complaint is hereby EXTENDED to August 16, 2019. SO ORDERED. Ebone Carrington (Chief Executive Officer of Harlem Hospital Center, in her individual capacity) answer due 8/16/2019; Ebone Carrington (Chief Executive Officer of Harlem Hospital Center, in her official capacity) answer due 8/16/2019; City Of New York answer due 8/16/2019; Hinnah Farooqi (Associate Executive Director of New York City Health and Hospitals Corporation, in her official capacity) answer due 8/16/2019; Hinnah Farooqi (Associate Executive Director of New York City Health and Hospitals Corporation, in her individual capacity) answer due 8/16/2019; Harlem Hospital Center answer due 8/16/2019; New York City Health And Hospitals Corporation answer due 8/16/2019. (Signed by Judge Jesse M. Furman on 7/15/2019) (ne)
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Filing 28
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/4/2019 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (As further set forth in this order) (Signed by Judge Jesse M. Furman on 7/15/2019) (ne)
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| Filing 27 SUMMONS RETURNED EXECUTED. Hinnah Farooqi(Associate Executive Director of New York City Health and Hospitals Corporation, in her official capacity) served on 7/12/2019, answer due 8/2/2019; Hinnah Farooqi(Associate Executive Director of New York City Health and Hospitals Corporation, in her individual capacity) served on 7/12/2019, answer due 8/2/2019. Service was accepted by Ernest Purefield. Service was made by MAIL. Document filed by Umer Farooq. (Droubi, Luna) |
| Filing 26 SUMMONS RETURNED EXECUTED. Ebone Carrington(Chief Executive Officer of Harlem Hospital Center, in her individual capacity) served on 7/12/2019, answer due 8/2/2019; Ebone Carrington(Chief Executive Officer of Harlem Hospital Center, in her official capacity) served on 7/12/2019, answer due 8/2/2019. Service was accepted by Ernest Purefield. Service was made by MAIL. Document filed by Umer Farooq. (Droubi, Luna) |
| Filing 25 SUMMONS RETURNED EXECUTED. Harlem Hospital Center served on 7/12/2019, answer due 8/2/2019. Service was accepted by Ernest Purefield. Document filed by Umer Farooq. (Droubi, Luna) |
| Filing 24 SUMMONS RETURNED EXECUTED. New York City Health And Hospitals Corporation served on 7/12/2019, answer due 8/2/2019. Service was accepted by Natasha Frazer. Document filed by Umer Farooq. (Droubi, Luna) |
| Filing 23 SUMMONS RETURNED EXECUTED. City Of New York served on 7/12/2019, answer due 8/2/2019. Service was accepted by Betty Mazyck. Document filed by Umer Farooq. (Droubi, Luna) |
| Filing 22 STATUS REPORT. Document filed by Umer Farooq. (Attachments: #1 Exhibit 1 - Transcript of July 8, 2019 OTSC/TRO Hearing, #2 Exhibit 2 - NYCHHC Excerpt of Relevant Rules & Regulations, #3 Exhibit 3 - Civil Service Law Section 75)(Droubi, Luna) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Hinnah Farooqi. (pne) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Hinnah Farooqi, re: #1 Complaint,,. Document filed by Umer Farooq. (Droubi, Luna) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Ebone Carrington(Chief Executive Officer of Harlem Hospital Center, in her individual capacity), Ebone Carrington(Chief Executive Officer of Harlem Hospital Center, in her official capacity). (sj) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Harlem Hospital Center. (sj) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to New York City Health And Hospitals Corporation. (sj) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to City Of New York. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Luna Droubi to RE-FILE Document No. #15 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party text error in "To" field (Associate Executive Director). 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. (sj) |
| Filing 15 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Hinnah Farooqi, re: #1 Complaint. Document filed by Umer Farooq. (Droubi, Luna) Modified on 7/11/2019 (sj). |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Ebone Carrington, re: #1 Complaint,,. Document filed by Umer Farooq. (Droubi, Luna) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Harlem Hospital Center, re: #1 Complaint,,. Document filed by Umer Farooq. (Droubi, Luna) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Health and Hospital Corporation, re: #1 Complaint,,. Document filed by Umer Farooq. (Droubi, Luna) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint,,. Document filed by Umer Farooq. (Droubi, Luna) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Luna Droubi to RE-FILE Document No. #7 Request for Issuance of Summons, #9 Request for Issuance of Summons, #10 Request for Issuance of Summons, #8 Request for Issuance of Summons, #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Include 'c/o' or 'via' before second party names. 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. (dnh) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Hinnah Farooqi, re: #1 Complaint,,. Document filed by Umer Farooq. (Droubi, Luna) Modified on 7/10/2019 (dnh). |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Ebone Carrington, re: #1 Complaint,,. Document filed by Umer Farooq. (Droubi, Luna) Modified on 7/10/2019 (dnh). |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Harlem Hospital Center, re: #1 Complaint,,. Document filed by Umer Farooq. (Droubi, Luna) Modified on 7/10/2019 (dnh). |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Health and Hospital Corporation, re: #1 Complaint,,. Document filed by Umer Farooq. (Droubi, Luna) Modified on 7/10/2019 (dnh). |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint,,. Document filed by Umer Farooq. (Droubi, Luna) Modified on 7/10/2019 (dnh). |
| Filing 5 MEMORANDUM OF LAW in Support re: #3 Memo Endorsement, Set Hearings,,,, . Document filed by Umer Farooq. (Droubi, Luna) |
| Filing 4 DECLARATION of Luna Droubi in Support re: #3 Memo Endorsement, Set Hearings,,,,. Document filed by Umer Farooq. (Attachments: #1 Affidavit Farooq Affidavit, #2 Exhibit 1 - May 17 E-mail, #3 Exhibit 2 - June 12 E-mail, #4 Exhibit 3 - June 21 Pre-Hearing Suspension Letter, #5 Exhibit 4 - Collective Bargaining Agreement, #6 Exhibit 5 - Relevant Excerpts from the NYCHHC Rules & Regulations, #7 Exhibit 6 - Letters of Appreciation and Support)(Droubi, Luna) |
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Filing 3
MEMO ENDORSEMENT on ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER. ENDORSEMENT: The application for an Order to Show Cause and temporary restraining order is denied, for the reasons stated on the record, without prejudice to an application to Judge Furman to proceed on an updated basis with motion practice. The parties shall appear before Judge Furman for a status conference on July 15, 2019, at 12:00pm, and shall file a joint status letter by 12:00pm noon on Friday July 12, 2019. (Status Conference set for 7/15/2019 at 12:00 PM before Judge Jesse M. Furman.) (Signed by Judge Laura Taylor Swain on 7/8/2019) (jwh)
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| Minute Entry for proceedings held before Judge Laura Taylor Swain: Show Cause Hearing held on 7/8/2019. Court Reporter Andrew Walker present. TRO HEARING held. For the reasons stated on the record, the Court denies the TRO and the order to show cause. A Status Conference is scheduled for 7/15/2019 at 12:00pm before Judge Furman. Parties are directed to file a joint status report by 12:00pm on 7/12/2019. (lan) |
| Filing 2 CIVIL COVER SHEET filed. (pc) (jgo). |
| Filing 1 COMPLAINT against Ebone Carrington(Chief Executive Officer of Harlem Hospital Center, in her individual capacity), Ebone Carrington(Chief Executive Officer of Harlem Hospital Center, in her official capacity), City Of New York, Hinnah Farooqi(Associate Executive Director of New York City Health and Hospitals Corporation, in her official capacity), Hinnah Farooqi(Associate Executive Director of New York City Health and Hospitals Corporation, in her individual capacity), Harlem Hospital Center, New York City Health And Hospitals Corporation. (Filing Fee $ 400.00, Receipt Number 465401239071)Document filed by Umer Farooq.(pc) (jgo). |
| Case Designated ECF. (pc) |
| Magistrate Judge Stewart D. Aaron 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. (pc) |
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