Lerario v. NewYork-Presbyterian/Queens et al
| Dr. Mackenzie Lerario |
| Cornell University, NewYork-Presbyterian/Queens and Dr. Matthew Fink |
| 1:2020cv06295 |
| August 10, 2020 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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Filing 97
ANSWER to #87 Amended Complaint. Document filed by Cornell University, Matthew Fink..(Kramer, Rachel)
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Filing 96
NOTICE OF APPEARANCE by Rachel Esther Kramer on behalf of Cornell University, Matthew Fink..(Kramer, Rachel)
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Filing 95
MEMORANDUM OPINION AND ORDER re: #84 MOTION to Dismiss Fourth Amended Complaint. filed by Cornell University, Matthew Fink. The Court has considered all of the arguments of the parties. To the extent not specifically addressed above, the arguments are either moot or without merit. For the foregoing reasons, the motion to dismiss by Cornell and Fink is denied. The Clerk is directed to close all pending motions. SO ORDERED. (Signed by Judge John G. Koeltl on 10/18/2022) (jca)
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Filing 94
ORDER: The defendants should submit courtesy copies of all papers filed in connection with the fully briefed partial motion to dismiss the fourth amended complaint. SO ORDERED. (Signed by Judge John G. Koeltl on 9/8/2022) (kv)
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Filing 93
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL: Accordingly, it is ORDERED that Mark Siegmund is hereby withdrawn as counsel of record for the Cornell Defendants and shall be removed from all future notices in this lawsuit. SO ORDERED. (Signed by Judge John G. Koeltl on 8/11/2022) Attorney Mark Siegmund terminated. (ks)
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Filing 92
DECLARATION of Mark Siegmund in Support re: #91 Proposed Order for Withdrawal of Attorney. Document filed by Cornell University..(Siegmund, Mark)
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Filing 91
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Cornell University..(Siegmund, Mark)
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Filing 90
REPLY MEMORANDUM OF LAW in Support re: #84 MOTION to Dismiss Fourth Amended Complaint. . Document filed by Cornell University, Matthew Fink..(Siegmund, Mark)
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Filing 89
MEMORANDUM OF LAW in Opposition re: #84 MOTION to Dismiss Fourth Amended Complaint. . Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Microsoft Teams Settlement Conference held on 5/5/2022. The parties did not reach a settlement. Attorney Jillian Weiss appeared on behalf of Plaintiff along with Plaintiff Mackenzie Lerario. Attorneys Daniel Green, John Houston Pope, and William Weissmann appeared on behalf of Defendant New York Presbyterian/Queens. Attorneys Mark Seigmund and Thomas Horton appeared on behalf of Defendant Cornell University. (ne)
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Filing 88
ANSWER to #87 Amended Complaint. Document filed by NewYork-Presbyterian/Queens..(Frank, James)
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Filing 87
FOURTH AMENDED COMPLAINT amending #81 Amended Complaint against Cornell University, Matthew Fink, NewYork-Presbyterian/Queens with JURY DEMAND.Document filed by Mackenzie Lerario. Related document: #81 Amended Complaint..(Weiss, Jillian)
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Filing 86
DECLARATION of Mark Siegmund in Support re: #84 MOTION to Dismiss Fourth Amended Complaint.. Document filed by Cornell University, Matthew Fink. (Attachments: #1 Exhibit Feb. 3, 2020 Letter, #2 Exhibit Feb. 25, 2020 Letter, #3 Exhibit Apr. 28, 2021 Tweet).(Siegmund, Mark)
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Filing 85
MEMORANDUM OF LAW in Support re: #84 MOTION to Dismiss Fourth Amended Complaint. . Document filed by Cornell University, Matthew Fink..(Siegmund, Mark)
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Filing 84
MOTION to Dismiss Fourth Amended Complaint. Document filed by Cornell University, Matthew Fink..(Siegmund, Mark)
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Filing 83
ORDER granting #82 Letter Motion for Leave to File Document. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge John G. Koeltl on 4/11/2022) (ks)
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Set/Reset Deadlines: Mackenzie Lerario answer due 4/26/2022. (ks)
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Filing 82
CONSENT LETTER MOTION for Leave to File Amended Complaint addressed to Judge John G. Koeltl from Jillian T. Weiss dated April 8, 2022. Document filed by Mackenzie Lerario. (Attachments: #1 Exhibit 1).(Weiss, Jillian)
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Filing 81
THIRD AMENDED COMPLAINT amending #38 Amended Complaint, against Cornell University, Matthew Fink, NewYork-Presbyterian/Queens with JURY DEMAND.Document filed by Mackenzie Lerario. Related document: #38 Amended Complaint,..(Weiss, Jillian)
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Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 3/22/2022. (Fletcher, Donnie)
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Filing 80
ORDER: The Plaintiff should file an amended complaint by April 1, 2022. The defendants should respond by April 26, 2022. Should the defendants answer the complaint, the parties should submit a Rule 26(f) report by May 6, 2022. SO ORDERED. ( Amended Pleadings due by 4/1/2022.) (Signed by Judge John G. Koeltl on 3/22/2022) (vfr)
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Filing 79
ANSWER to #38 Amended Complaint,. Document filed by NewYork-Presbyterian/Queens..(Frank, James)
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Filing 78
ANSWER to #38 Amended Complaint,. Document filed by Cornell University, Matthew Fink..(Siegmund, Mark)
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Filing 77
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cornell University..(Siegmund, Mark)
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Filing 76
ORDER: The plaintiff's request for a pre-motion conference, ECF No. 75, is granted. The Court will hold a conference via telephone on March 22, 2022 at 3:30 p.m. SO ORDERED. Telephone Conference set for 3/22/2022 at 03:30 PM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 3/16/2022) (kv)
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Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference set for 3/22/2022 at 03:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
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Filing 75
LETTER addressed to Judge John G. Koeltl from Jillian T. Weiss dated 03/15/2022 re: Pre-Motion Letter. Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Filing 74
SETTLEMENT CONFERENCE SCHEDULING ORDER: A Settlement Conference is scheduled for May 5, 2022 at 10:00 am and will take place by videoconference hosted by the Court through the Microsoft Teams platform. If counsel prefer hosting the videoconference on an alternative platform such as Zoom, they may jointly email a request with videoconference details to Chambers at least one week before the scheduled conference. The parties should note that paragraph 4 of the Standing Order requires certain written submissions, which must be received by the Court and opposing counsel no later than midnight four (4) business days before the conference: that is April 29, 2022. These submissions must be emailed to Chambers at cave_nysdchambers@nysd.uscourts.gov; the submissions should not be submitted via the ECF system. Counsel must ensure that their client(s) and insurer(s), if any, have read the other side's submission before the conference. The Clerk of Court is respectfully directed to set this conference as a settlement conference even though it will take place by videoconference. (Settlement Conference set for 5/5/2022 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 3/15/2022) (ne)
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Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 3/15/2022. Attorney Jillian Weiss appeared on behalf of Plaintiff. Attorney Mark Siegmund appeared on behalf of Defendants Cornell University and Matthew Fink. Attorney John Pope appeared on behalf of Defendant New York Prysbyterian/Queens. (ne)
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Filing 73
ORDER: This action has been referred to the undersigned for settlement. (ECF No. 72). Accordingly, a Telephone Conference to schedule a Settlement Conference is scheduled for Tuesday, March 15, 2022 at 4:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. ( Telephone Conference set for 3/15/2022 at 04:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 3/2/2022) (ate)
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Magistrate Judge Sarah L. Cave is so redesignated. (wb)
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Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 2/28/2022 re: #42 MOTION to Dismiss Second Amended Complaint. Filed by NewYork-Presbyterian/Queens, #43 MOTION to Dismiss Second Amended Complaint. Filed by Cornell University, Matthew Fink. (Fletcher, Donnie)
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Filing 72
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah L Cave. SO ORDERED. (Signed by Judge John G. Koeltl on 2/28/2022) (ks)
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Filing 71
ORDER granting in part and denying in part #42 Motion to Dismiss; granting in part and denying in part #43 Motion to Dismiss. For the reasons discussed during today's conference, the defendants' motions to dismiss are granted in part and denied in part. Of the claims brought in the second amended complaint, Counts II, III, VI, IX, and XI are dismissed in their entirety. The Clerk is requested to close ECF Nos. 42 and 43. The time for the defendants to answer the second amended complaint is extended to March 18, 2022. The parties should submit a Rule 26(f) report by April 11, 2022. SO ORDERED.. (Signed by Judge John G. Koeltl on 2/28/2022) (ks)
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Set/Reset Deadlines: Cornell University answer due 3/18/2022; Matthew Fink answer due 3/18/2022; NewYork-Presbyterian/Queens answer due 3/18/2022. (ks)
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Filing 70
ORDER: The parties are directed to appear, by phone, for oral argument regarding the defendants' pending motions to dismiss on Monday, February 28, 2022 at 4:30 p.m. Dial-in: 888 363-4749, with access code 8140049. SO ORDERED. (Signed by Judge John G. Koeltl on 2/23/2022) ( Telephone Conference set for 2/28/2022 at 04:30 PM before Judge John G. Koeltl.) (ks)
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Filing 69
ORDER. The defendants are directed to submit courtesy copies of the papers filed in connection with their motions to dismiss. See Individual Practice II.C. SO ORDERED. (Signed by Judge John G. Koeltl on 1/6/22) (yv) Modified on 1/7/2022 (yv).
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Filing 68
NOTICE OF CHANGE OF ADDRESS by Jillian T Weiss on behalf of Mackenzie Lerario. New Address: Law Office of Jillian T. Weiss PC, 226 Prospect Park West, No. 104, Brooklyn, NY, US 11215, (845) 709-3237..(Weiss, Jillian)
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Filing 67
NOTICE OF CHANGE OF ADDRESS by Jillian T Weiss on behalf of Mackenzie Lerario. New Address: Law Office of Jillian T. Weiss, P.C., 774 Fourth Avenue No. 320173, Brooklyn, NY, 11232-9997,..(Weiss, Jillian)
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Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference held on 5/21/2021. (Fletcher, Donnie)
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Filing 66
ORDER granting #64 Motion to Stay re: #64 LETTER MOTION to Stay Discovery addressed to Judge John G. Koeltl from Mark Siegmund dated May 17, 2021. For the reasons stated during the telephonic conference held May 21, 2021, discovery is stayed pending a decision on the motions to dismiss. The Clerk is directed to close docket number 64. SO ORDERED.. (Signed by Judge John G. Koeltl on 5/21/2021) (ks)
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Filing 65
LETTER RESPONSE to Motion addressed to Judge John G. Koeltl from Jillian T. Weiss dated May 19, 2021 re: #64 LETTER MOTION to Stay Discovery addressed to Judge John G. Koeltl from Mark Siegmund dated May 17, 2021. . Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Minute Entry for proceedings held before Judge John G. Koeltl: Conference set for 5/21/2021 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
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Filing 64
LETTER MOTION to Stay Discovery addressed to Judge John G. Koeltl from Mark Siegmund dated May 17, 2021. Document filed by Cornell University..(Siegmund, Mark)
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Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference held on 5/10/2021. (Fletcher, Donnie)
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Filing 63
ORDER: The Clerk issued a Certificate of Default as to Ashot Boghossian on April 28, 2021. ECF No. 17. The petitioners should file an Order to Show Cause for a Default Judgment in compliance with Section VII of the Individual Practices, available at https://nysd.uscourts.gov/hon-john-g-koeltl. SO ORDERED. (Signed by Judge John G. Koeltl on 5/10/2021) (ks)
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Filing 62
NOTICE OF APPEARANCE by Sheryl A. Orwel on behalf of Cornell University, Matthew Fink..(Orwel, Sheryl)
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Filing 61
REPLY MEMORANDUM OF LAW in Support re: #42 MOTION to Dismiss Second Amended Complaint. . Document filed by NewYork-Presbyterian/Queens..(Pope, John)
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Filing 60
REPLY MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss Second Amended Complaint. . Document filed by Cornell University, Matthew Fink..(Siegmund, Mark)
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Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference set for 5/10/2021 at 03:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
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Filing 59
LETTER addressed to Judge John G. Koeltl from Mark Siegmund dated April 29, 2021 re: Plaintiff's April 29, 2021 letter (ECF No. 58). Document filed by Cornell University, Matthew Fink..(Siegmund, Mark)
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Filing 58
LETTER addressed to Judge John G. Koeltl from Jillian T. Weiss dated April 29, 2021 re: Pre-motion letter re disqualification of Defendants' counsel. Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Filing 56
ORDER granting #55 Letter Motion for Extension of Time to File. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 4/13/2021) (ks)
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Filing 55
LETTER MOTION for Extension of Time to File Response to Motion of Defendant Cornell to Dismiss Nunc Pro Tunc addressed to Judge John G. Koeltl from Jillian T. Weiss dated April 12, 2021. Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Filing 54
MEMORANDUM OF LAW in Opposition re: #43 MOTION to Dismiss Second Amended Complaint. of Cornell. Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Filing 53
MEMORANDUM OF LAW in Opposition re: #42 MOTION to Dismiss Second Amended Complaint. . Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Filing 52
MEMORANDUM OF LAW in Opposition re: #43 MOTION to Dismiss Second Amended Complaint. . Document filed by Mackenzie Lerario..(Weiss, Jillian)
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FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 4/27/2021 at 10:00 AM through video conference. (sb)
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Filing 51
ORDER granting #50 Letter Motion for Extension of Time to File Response/Reply re #50 LETTER MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Dismiss Second Amended Complaint., #43 MOTION to Dismiss Second Amended Complaint. The letter motion is addressed to Judge John G. Koelt, #42 MOTION to Dismiss Second Amended Complaint., #43 MOTION to Dismiss Second Amended Complaint. Application Granted. So Ordered.( Responses due by 4/6/2021 Replies due by 4/30/2021.) (Signed by Judge John G. Koeltl on 3/22/21) (yv) Modified on 3/25/2021 (yv).
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Filing 50
LETTER MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Dismiss Second Amended Complaint., #43 MOTION to Dismiss Second Amended Complaint. The letter motion is addressed to Judge John G. Koeltl from Jillian T. Weiss dated March 19, 2021. Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Filing 49
MEMO ENDORSEMENT on re: #48 Letter filed by Cornell University, Matthew Fink. ENDORSEMENT: Application denied. SO ORDERED. (Signed by Judge John G. Koeltl on 3/18/2021) (jca)
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Filing 48
LETTER addressed to Judge John G. Koeltl from Mark Siegmund dated March 16, 2021 re: Request to Adjourn Mediation Referral. Document filed by Cornell University, Matthew Fink..(Siegmund, Mark)
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Filing 47
MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss Second Amended Complaint. . Document filed by Cornell University, Matthew Fink..(Siegmund, Mark)
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Filing 46
DECLARATION of John Houston Pope in Support re: #42 MOTION to Dismiss Second Amended Complaint.. Document filed by NewYork-Presbyterian/Queens. (Attachments: #1 Exhibit 1 - Medical Services Agreement, #2 Exhibit 2 - Queens' Inclusive Workplace Policy).(Pope, John)
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Filing 45
DECLARATION of Mark Siegmund in Support re: #43 MOTION to Dismiss Second Amended Complaint.. Document filed by Cornell University, Matthew Fink. (Attachments: #1 Exhibit 1 - 4/19/2019 Email, #2 Exhibit 2 - 6/25/2019 Email, #3 Exhibit 3 - 1-25-2020 Email, #4 Exhibit 4 - 5/14/2019 Tweet, #5 Exhibit 5 - Cornell Guide, #6 Exhibit 6 - HR Guide, #7 Exhibit 7 - 2/3/2020 Letter, #8 Exhibit 8 - 2/26/2020 Letter).(Siegmund, Mark)
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Filing 44
MEMORANDUM OF LAW in Support re: #42 MOTION to Dismiss Second Amended Complaint. . Document filed by NewYork-Presbyterian/Queens..(Pope, John)
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Filing 43
MOTION to Dismiss Second Amended Complaint. Document filed by Cornell University, Matthew Fink. Responses due by 3/26/2021.(Siegmund, Mark)
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Filing 42
MOTION to Dismiss Second Amended Complaint. Document filed by NewYork-Presbyterian/Queens..(Pope, John)
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MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 2/18/2021 was not held. Mediation Status due by 3/29/2021.(sb)
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Filing 41
ORDER denying without prejudice #32 Motion to Dismiss; denying without prejudice #35 Motion to Dismiss. In response to the letter by the Cornell defendants dated February 10, 2021, ECF No. 40, the request to strike the Second Amended Complaint is denied. Even if the Court granted a motion to dismiss, it likely would be without prejudice to filing an amended complaint. Because the plaintiff has now filed a Second Amended Complaint, even though unauthorized, the Court will accept the Second Amended Complaint. The motion to dismiss by the Cornell defendants directed against the first amended complaint is denied without prejudice as moot. The defendants may respond to the Second Amended Complaint with an answer or motion to dismiss by March 5, 2021. Any response to the motion is due March 26, 2021. Any reply is due April 9, 2021. The Clerk is directed to close docket numbers 32 and 35. SO ORDERED.. (Signed by Judge John G. Koeltl on 2/11/2021) (ks) Modified on 2/11/2021 (ks).
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Set/Reset Deadlines: Cornell University answer due 3/5/2021; Matthew Fink answer due 3/5/2021; NewYork-Presbyterian/Queens answer due 3/5/2021. Motions due by 3/5/2021. Responses due by 3/26/2021 Replies due by 4/6/2021. (ks)
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Filing 40
LETTER addressed to Judge John G. Koeltl from Mark Siegmund dated February 10, 2021 re: plaintiff's filing of unauthorized pleading without leave of court. Document filed by Cornell University, Matthew Fink..(Siegmund, Mark)
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Filing 39
RESPONSE in Opposition to Motion re: #35 MOTION to Dismiss Amended Complaint., #32 MOTION to Dismiss First Amended Complaint. . Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Filing 38
SECOND AMENDED COMPLAINT amending #27 Amended Complaint, against Cornell University, Matthew Fink, NewYork-Presbyterian/Queens with JURY DEMAND.Document filed by Mackenzie Lerario. Related document: #27 Amended Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Weiss, Jillian)
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MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 2/18/2021 at 10:30 AM through video conference.(sb)
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Filing 37
DECLARATION of Mark Siegmund in Support re: #35 MOTION to Dismiss Amended Complaint.. Document filed by Cornell University, Matthew Fink. (Attachments: #1 Exhibit 1 - 4/19/2019 Email, #2 Exhibit 2 - 6/25/2019 Email, #3 Exhibit 3 - 1/25/2020 Email, #4 Exhibit 4 - 5/14/2019 Tweet, #5 Exhibit 5 - Cornell Guide, #6 Exhibit 6 - Society for Human Resources Management (SHRM) Guidance).(Siegmund, Mark)
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Filing 36
MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss Amended Complaint. . Document filed by Cornell University, Matthew Fink..(Siegmund, Mark)
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Filing 35
MOTION to Dismiss Amended Complaint. Document filed by Cornell University, Matthew Fink..(Siegmund, Mark)
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Filing 34
DECLARATION of John Houston Pope in Support re: #32 MOTION to Dismiss First Amended Complaint.. Document filed by NewYork-Presbyterian/Queens. (Attachments: #1 Exhibit 1 - Medical Services Agreement, #2 Exhibit 2 - Queens' Inclusive Workplace Policy).(Pope, John)
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Filing 33
MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss First Amended Complaint. . Document filed by NewYork-Presbyterian/Queens..(Pope, John)
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Filing 32
MOTION to Dismiss First Amended Complaint. Document filed by NewYork-Presbyterian/Queens..(Pope, John)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/4/2021..(ah)
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Filing 31
MEMO ENDORSEMENT on re: #29 LETTER MOTION for Extension of Time to File Motion to Dismiss Amended Complaint addressed to Judge John G. Koeltl from Mark Siegmund dated December 28, 2020. filed by Cornell University, Matthew Fink. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 12/28/2020) (ks)
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Filing 30
ORDER terminating #23 Letter Motion for Conference; granting #28 Letter Motion for Extension of Time; granting #29 Letter Motion for Extension of Time to File: Time for NY Presbyterian/Queens to file its Motion to Dismiss extended to 1/19/21; time to respond is 2/9/21; time to reply is 2/23/21. No pre-motion conference is required. (Signed by Judge John G. Koeltl on 12/28/2020) (jwh)
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Filing 29
LETTER MOTION for Extension of Time to File Motion to Dismiss Amended Complaint addressed to Judge John G. Koeltl from Mark Siegmund dated December 28, 2020. Document filed by Cornell University, Matthew Fink..(Siegmund, Mark)
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Set/Reset Deadlines: Motions due by 1/19/2021. Responses due by 2/9/2021. Replies due by 2/23/2021. (jwh)
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Filing 28
LETTER MOTION for Extension of Time to File Motion to Dismiss First Amended Complaint and Request for Leave to Make Motion addressed to Judge John G. Koeltl from John Houston Pope dated 12/24/2020. Document filed by NewYork-Presbyterian/Queens..(Pope, John)
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Filing 27
AMENDED COMPLAINT amending #1 Complaint against Cornell University, Matthew Fink, NewYork-Presbyterian/Queens with JURY DEMAND.Document filed by Mackenzie Lerario. Related document: #1 Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Weiss, Jillian)
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Filing 26
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 12/14/2020. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr)
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Minute Entry for proceedings held before Judge John G. Koeltl: Initial Pretrial Conference held on 11/23/2020. (Fletcher, Donnie)
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Filing 25
ORDER: Plaintiff will file an amended complaint by December 7, 2020. The defendants should move or answer by December 28, 2020. The time to respond if there is a motion to dismiss is January 19, 2021. The time to reply is February 1, 2021. If the defendants submit an answer and the parties would like to submit an amended Rule 26(f) report, it should be submitted by January 19, 2021. It also is ordered that this case is referred for mediation to the Court's Alternative Dispute Resolution program of mediation. Local Rule 83.9 shall govern the mediation, and the parties are directed to participate in the mediation in good faith. The parties should submit a status report within 7 days after the conclusion of mediation. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647.( Mediator to be Assigned by 12/3/2020.), (Signed by Judge John G. Koeltl on 11/23/2020) ( Amended Pleadings due by 12/7/2020., Motions due by 12/28/2020., Responses due by 1/19/2021, Replies due by 2/1/2021.) (ks)
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Filing 24
INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Filing 23
LETTER MOTION for Conference addressed to Judge John G. Koeltl from Mark Siegmund dated November 20, 2020. Document filed by Cornell University, Matthew Fink..(Siegmund, Mark)
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Filing 22
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NewYork-Presbyterian/Queens..(Frank, James)
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Filing 21
ANSWER to #1 Complaint. Document filed by NewYork-Presbyterian/Queens..(Frank, James)
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to Answer. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 10/22/2020) Cornell University answer due 11/20/2020; Matthew Fink answer due 11/20/2020 (ks)
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Filing 19
LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Mark Siegmund dated October 22, 2020. Document filed by Cornell University, Matthew Fink..(Siegmund, Mark)
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Filing 18
NOTICE OF APPEARANCE by Mark Siegmund on behalf of Cornell University, Matthew Fink..(Siegmund, Mark)
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Filing 17
STIPULATION AND ORDER EXTENDING DEFENDANT NEW YORK PRESBYTERIAN/ QUEENS' TIME TO RESPOND TO COMPLAINT: Plaintiff Dr. Mackenzie Lerario ("Plaintiff") and Defendant NewYorkPresbyterian/ Queens (the "Hospital") by and through their undersigned counsel, hereby stipulate that the Hospital shall have until November 20, 2020 to Answer, Move, or Otherwise Respond to Plaintiff's Complaint. SO ORDERED. (Signed by Judge John G. Koeltl on 10/16/2020) NewYork-Presbyterian/Queens answer due 11/20/2020. (ks) Modified on 10/26/2020 (ks).
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Filing 16
PROPOSED STIPULATION AND ORDER. Document filed by NewYork-Presbyterian/Queens..(Green, Daniel)
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Filing 15
NOTICE OF APPEARANCE by James Stuart Frank on behalf of NewYork-Presbyterian/Queens..(Frank, James)
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Filing 14
NOTICE OF APPEARANCE by John Houston Pope on behalf of NewYork-Presbyterian/Queens..(Pope, John)
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Filing 13
NOTICE OF APPEARANCE by Daniel Jared Green on behalf of NewYork-Presbyterian/Queens..(Green, Daniel)
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Filing 12
SUMMONS RETURNED EXECUTED. Matthew Fink served on 10/1/2020, answer due 10/22/2020. Service was accepted by Carmen P., Paralegal of the Legal Department. Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Filing 11
SUMMONS RETURNED EXECUTED. NewYork-Presbyterian/Queens served on 9/30/2020, answer due 10/21/2020. Service was accepted by Nathalie Ng, Legal Assistant. Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Filing 10
SUMMONS RETURNED EXECUTED. Cornell University served on 10/1/2020, answer due 10/22/2020. Service was accepted by Carmen P., Paralegal of the Legal Department. Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 11/23/2020 at 12:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to NewYork-Presbyterian/Queens..(pne)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Cornell University..(pne)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Matthew Fink..(pne)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to DR. MATTHEW FINK, re: #1 Complaint. Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to CORNELL UNIVERSITY, re: #1 Complaint. Document filed by Mackenzie Lerario..(Weiss, Jillian)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to NEWYORK-PRESBYTERIAN/QUEENS, re: #1 Complaint. Document filed by Mackenzie Lerario..(Weiss, Jillian)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jillian Todd Weiss. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to Westchester. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj)
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Magistrate Judge Debra C. Freeman 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj)
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Case Designated ECF. (sj)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jillian Todd Weiss to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant as to whom the summons request is for must be listed in the docket entry. 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)
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Filing 3
FILING ERROR - DEFICIENT SUMMONS REQUEST - 'AS TO' - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by Mackenzie Lerario. (Attachments: #1 Proposed Summons 2, #2 Proposed Summons 3).(Weiss, Jillian) Modified on 8/11/2020 (sj).
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Filing 2
CIVIL COVER SHEET filed..(Weiss, Jillian)
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Filing 1
COMPLAINT against Cornell University, Matthew Fink, NewYork-Presbyterian/Queens. (Filing Fee $ 400.00, Receipt Number ANYSDC-21088809)Document filed by Mackenzie Lerario..(Weiss, Jillian)
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