Kakar Kurtz et al v. Hansell et al
| 1:2020cv03401 |
| September 23, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
293
JUDGMENT It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Paul A. Engelmayer, United States District Judge, the jury having returned a verdict in favor of Defendants, and the Complaint is hereby dismissed. So Ordered. (Signed by Judge Paul A. Engelmayer on 9/25/2023) (jca)
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Filing
291
ORDER The Court has been contacted by a juror in the recent trial, in which the jury returned a prompt verdict for the defense. The juror reports that plaintiffs' counsel has repeatedly contacted him--on his work email; on his personal email; and on his home telephone, with calls on the home telephone coming on both a Friday evening and the ensuing Saturday morning. The juror reports that he regards counsel's repeated entreaties for information about the bases for the jury's verdict as harassing. The juror asks that it stop. The juror reports that he communicated this to plaintiffs' counsel on the latter of the two phone calls. The juror reports that he took this action after his decision not to respond to counse l's emails and initial phone call proved unsuccessful as a means to deter counsel from attempting to make contact. A juror has every right to decline to speak with counsel. And it should go without saying that repeated calls by losing counsel t o a non-responsive juror on an evening and during the weekend are apt to be viewed as unwelcome. The Court expects that counsel will cease attempting, by any means, to contact the juror, and proceed in future cases with greater solicitude for jurors' serenity. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/7/2023) (jca)
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Filing
280
ORDER re Court Exhibits. (Signed by Judge Paul A. Engelmayer on 7/13/2023) (ajs)
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Filing
276
ORDER: The Clerk of Court is respectfully directed to update the caption of this case to reflect the parties as presented above. Unnamed Employees and Workers of New York Presbyterian Hospital/Weill Cornell Medical Center 1-10, Unnamed Workers a nd Employees of Mt. Sinai Hospital 1-10, David Hansell (as the Duly Appointed Commissioner of the New York City Administration for Children's Services) and Unnamed ACS Workers and Employees 1-10 terminated. (Signed by Judge Paul A. Engelmayer on 7/7/2023) (rro)
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Filing
275
ORDER terminating 244 Motion in Limine; terminating 251 Motion in Limine. At today's pretrial conference, the Court resolved the parties' latest motions in limine. The Court also requested letter briefing on outstanding evidentiary i ssues relating to a witness's deposition testimony and the redactions from medical records. If the parties are unable to reach agreement on these issues, they are to file a joint letter outlining the issues and their respective positions by Wednesday, July 5, 2023, at 5 p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/29/2023) (rro)
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Filing
274
ORDER: Trial in this case is scheduled to begin on July 10, 2023. The Court will hold a final pretrial conference on Thursday, June 29, 2023 at 3:30 pm at 40 Foley Square, Courtroom 1305, New York, NY 10007, at which it will resolve the pending motions in limine. Dkts. 270, 273. SO ORDERED. ( Final Pretrial Conference set for 6/29/2023 at 03:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/27/2023) (tg)
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Filing
269
ORDER: At today's pretrial conference, the Court resolved the parties' motions in limine. The Court also requested letter briefing on several issues. Plaintiffs' letter is due June 20, 2023; defendants' response letter is due Jun e 23, 2023. No reply is invited. The Court also orders the parties to file a joint letter on June 23, 2023, addressing a separate set of issues raised at today's conference. On consent of both paiiies, the Clerk of Court is respectfully directed to terminate Mia Kakar Kurtz as plaintiff in this case. Mia Kakar Kurtz (a minor child) terminated. (Signed by Judge Paul A. Engelmayer on 6/14/2023) (rro)
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Filing
265
ORDER terminating 263 Letter Motion to Adjourn Conference. The Court's strong preference would be to maintain the current schedule, to which counsel committed some time ago. The Court notes that multiple attorneys have appeared for plaintiffs and expects that one of them can ably cover the conference. (Signed by Judge Paul A. Engelmayer on 6/5/2023) (rro)
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Filing
262
ORDER: Trial in this case is scheduled to begin on July 10, 2023. This is now a confirmed date. The Court will hold a final pretrial conference on Wednesday, June 14, 2023 at 3 pm at 40 Foley Square, Courtroom 1305, New York, NY 10007, at which it will resolve the pending motions in limine, Dkts. 244, 251, and review the parties' proposed pretrial order, Dkt. 245 ( Final Pretrial Conference set for 6/14/2023 at 03:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/25/2023) (rro)
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Filing
257
ORDER: denying 249 Motion in Limine. The Court has received a motion in limine from defendants Dr. Marie Lupica and New York Presbyterian Hospital/Weill-Cornell Medical Center asking the Court to decline to exercise supplement jurisdiction over th is matter and to remand it to the Supreme Court, New York County. The Court denies the motion. This case will accordingly proceed to trial forthwith. The Court intends to hold the trial beginning on Monday, July 10, 2023, unless a criminal trial pres ently scheduled for the same week does not reach a pretrial resolution, in which case the Court will begin this trial on Monday, July 17, 2023. Although the Court understands the parties to be optimistic that the case can be tried within one week, to cover the contingency in which trial runs unexpectedly long, the Court directs counsel to maintain availability during the three-week period beginning July 10, 2023. The Court will shortly schedule a final pretrial conference, at which, inter alia, itwill resolve the pending motions in limine, review the joint pretrial order with counsel, and discuss trial logistics. And as set forth herein. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 4/26/2023) (ama)
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Filing
240
OPINION & ORDER re: 208 MOTION for Summary Judgment . filed by New York Presbyterian Hospital/Weill-Cornell Medical Center, Marie Lupica, 219 MOTION for Summary Judgment . filed by David Hansell. For the foregoi ng reasons, the Court (1) grants in full the ACS Defendants and City's motion for summary judgment, and (2) grants in part and denies in part the motion for summary judgment by the Medical Defendants, entering summary judgment in their favor on the malicious prosecution state-law claim, and denying summary judgment on the medical malpractice claim. The Court also dismisses the John Doe defendants without prejudice. This case will now proceed to trial on the single outstanding claim a gainst Dr. Lupica and Weill Cornell. The Court directs the parties promptly to confer, and by April 18, 2023, to submit a detailed and complete joint pretrial order consistent with the Court's Individual Rules governing jury trials. Any motion s in limine are due on the same date as the joint pretrial order; opposition briefs are due one week later. The Clerk of Court is respectfully directed to terminate all pending motions. Brenda Lawson, Yscary Rodriguez, City of New York., Brenda Lawson (individually), Yscary Rodriguez (individually), Yscary Rodriguez (as a Caseworker employed by ACS), City of New York and Brenda Lawson (as an ACS Case Manager/Supervisor) terminated. (Signed by Judge Paul A. Engelmayer on 3/27/2023) (rro)
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Filing
206
ORDER: At today's case management conference, the Court set the following schedule: 1. The parties' joint stipulated facts ("JSF") are due June 17, 2022. (The Court's law clerk will send counsel, as models, copies of help ful JSFs filed in connection with prior summary judgment motions.) 2. Defendants' briefs in support of summary judgment are due July 8, 2022. 3. Plaintiffs' opposition to defendants' briefs is due August 5, 2022. 4. Defendants' replies are due August 19, 2022. SO ORDERED. (Brief due by 7/8/2022., Reply to Response to Brief due by 8/19/2022., Responses to Brief due by 8/5/2022) (Signed by Judge Paul A. Engelmayer on 5/20/2022) (jca)
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Filing
189
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material..., Motions terminated: 188 CONSENT MOTION for Protective Order, filed by David Hansell, Brenda Lawson, Yscary Rodriguez, City of New York. (Signed by Judge Paul A. Engelmayer on 1/6/2022) (va)
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Filing
152
ORDER: granting 151 Letter Motion to Adjourn Conference. Granted. The initial conference scheduled for April 28, 2021 is hereby adjourned to May 4, 2021 at 12:00 p.m. The parties' joint letter and proposed case management plan are due by April 28, 2021. SO ORDERED. Initial Conference set for 5/4/2021 at 12:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 4/21/2021) (ama)
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Filing
140
ORDER: Plaintiff filed the complaint in this action on May 1, 2020. Dkt. 1. Rule 4(m) of the Federal Rules of Civil Procedure requires that a defendant be served with the Summons and Complaint within 90 days after the Complaint is filed. Despite t he Court granting several extensions of time for plaintiffs to do so, see Dkts. 106, 119, plaintiffs have not filed proof of service as to several defendants, some of whom have appeared in this action and others who have not. It is hereby ORDERED tha t plaintiffs advise the Court in writing why plaintiff failed to serve the Summons and Complaint within the authorized period, or, if plaintiff believes that these defendants have been served, when and in what manner such service was made. It is fur ther ORDERED that if the Court does not receive written communication from plaintiffs by April 5, 2021, showing good cause why such service was not made within the authorized time,the Court will dismiss plaintiffs' remaining claims against those defendants. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/24/2021) (ama)
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Filing
130
ORDER granting 127 Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/10/20) (yv)
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Filing
117
ORDER granting in part and denying in part 116 Letter Motion for Leave to File Excess Pages; granting in part and denying in part 116 Letter Motion for Extension of Time to File. Plaintiffs shall file one consolidated opposition to the defendan ts' motions to dismiss, not to exceed 60 pages. The Court grants plaintiffs an extension of time to file that response, but not to the full extent requested. Rather, plaintiffs' response to the defendants' motions to dismiss is due November 6, 2020, and defendants' replies, if any, are due December 4, 2020. (Signed by Judge Paul A. Engelmayer on 9/28/2020) (cf)
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Filing
115
ORDER: Accordingly, consistent with the Court's prior orders, see Dkts 102, 104, plaintiffs shall file any amended complaint by October 9, 2020, for which the Court hereby grants leave. No further opportunities to amend will ordinarily be grante d. If plaintiffs do amend, by October 30, 2020, each defendant shall: (1) file an answer; (2) file new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. If no amended complaint is filed, plaintiffs' deadline to respond to all motions to dismiss remains October 9, 2020. Defendants' replies, if any, shall be served by October 30, 2020. At the time any reply is served, the moving party shall supply the Court with courtesy copies of all motion papers via email to EngelmayerNYSDChambers@nysd.uscourts.gov. (Amended Pleadings due by 10/9/2020. Motions due by 10/30/2020. Set Deadlines/Hearing as to 89 MOTION to Dismiss, 99 MOTION to Dismiss, 112 MOTION to Dismiss, 93 MOTION to Dismiss: Responses due by 10/9/2020) (Signed by Judge Paul A. Engelmayer on 9/23/2020) (jwh)
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