Mooney et al v. New York Fertility Institute et al
Case Number: 1:2020cv04345
Filed: April 26, 2021
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1332 Diversity Action
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Date Filed Document Text
June 21, 2022 Opinion or Order Filing 74 ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Cler k of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the p arties' settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce thei r settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 7.A of the Court's Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/21/2022) (tg)
February 14, 2022 Opinion or Order Filing 63 MEMORANDUM OPINION AND ORDER re: granted in part and denied in part 42 MOTION for Summary Judgment . filed by 1016 5th Avenue Gynecology, PC, Majid Fateh, Khalid M Sultan, New York Fertility Institute., For the foregoing reasons, Defendants' motion is granted in part and denied in part. The Clerk of Court is respectfully directed to close the open motion at Docket 42. The parties must adhere to the following pretrial schedule: motions in limine are due March 11, 2022 ; responses are due March 25, 2022; and the parties' Joint Pre-Trial order, with pre-marked exhibits, is due April 1, 2022. The parties are ordered to file a joint letter not later than February 21, 2022 informing the Court (1) whether they w ould like to be referred to the Magistrate Judge for a settlement conference and (2) whether there are any dates in Q3 as to which one or both parties are unavailable for trial. SO ORDERED. ( Motions due by 3/11/2022., Pretrial Order due by 4/1/2022., Responses due by 3/25/2022) (Signed by Judge Valerie E. Caproni on 2/14/2022) (tg)
January 25, 2022 Opinion or Order Filing 59 ORDER with respect to 42 Motion for Summary Judgment. IT IS HEREBY ORDERED that oral argument on the Motion for Summary Judgment will be held in-person on Tuesday, February 8, 2022, at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/25/2022) (tg)
September 17, 2021 Opinion or Order Filing 41 ORDER: WHEREAS on April 30, 2021, this case was referred to Magistrate Judge Aaron for settlement (Dkt. 35); WHEREAS the Court has since been informed that Plaintiffs and Defendants do not wish to participate in a settlement conference; IT IS HEREBY ORDERED that the April 30, 2021 referral to Magistrate Judge Aaron is withdrawn. So Ordered (Signed by Judge Valerie E. Caproni on 9/17/2021) (js)
July 30, 2021 Opinion or Order Filing 40 ORDER, IT IS HEREBY ORDERED that the expert discovery deadline is extended to September 10, 2021, to allow the parties to complete the deposition of Plaintiffs' expert. IT IS FURTHER ORDERED that Defendants' motion for summary judgment is due November 5, 2021. Plaintiffs must respond not later than December 10, 2021. Defendants may reply in further support of their motion not later than December 30, 2021. IT IS FURTHER ORDERED that the August 13, 2021 pretrial conference is ADJOURNE D sine die. IT IS FURTHER ORDERED that the Court's prior referral of this matter to the magistrate judge for a settlement conference at the close of discovery remains in effect, subject to the delay occasioned by the above adjournment of the expert discovery deadline. SO ORDERED. ( Expert Discovery due by 9/10/2021., Motions due by 11/5/2021., Responses due by 12/10/2021, Replies due by 12/30/2021.) (Signed by Judge Valerie E. Caproni on 7/30/21) (yv)
April 30, 2021 Opinion or Order Filing 34 ORDER: IT IS HEREBY ORDERED that all discovery, including both the remaining deposition and expert discovery, must be completed no later than July 12, 2021. IT IS FURTHER ORDERED that the parties must appear for a pretrial conference on July 16, 2021, at 11:30 a.m. The conference will be conducted as a teleconference. The parties may dial-in to the proceeding using (888) 363-4749 // Access code: 3121171# // Security code: 4345#. All of those accessing the conference are reminded that reco rding or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/30/2021) ( Deposition due by 7/12/2021., Discovery due by 7/12/2021., Expert Discovery due by 7/12/2021., Telephone Conference set for 7/16/2021 at 11:30 AM before Judge Valerie E. Caproni.) (ks)
April 26, 2021 Opinion or Order Filing 33 ORDER: IT IS HEREBY ORDERED that the April 30 conference will be conducted as a teleconference. The parties may dial-in to the proceeding using (888) 363-4749 // Access code: 3121171# // Security code: 4345#. All of those accessing the conference are reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED., ( Pretrial Conference set for 4/30/2021 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/26/2021) (ama)
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