Edelman v. NYU Langone Health System et al
Plaintiff: Sari Edelman and Dr. Sari Edelman
Defendant: NYU School of Medicine, Andrew T. Rubin, NYU Langone Health System, NYU Grossman School of Medicine, Joseph Antonik, Joshua Swirnow, NYU Langone Nassau Rheumatology, NYU Langone Medical Center, NYU Hospitals Center, David Kaplan and NYU Langone Hospitals
Case Number: 1:2021cv00502
Filed: January 20, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2022 Opinion or Order Filing 158 ORDER granting #157 Letter Motion for Extension of Time. Application GRANTED. Defendants shall file any motion for reconsideration of the Court's order granting in part and denying in part summary judgment by October 19, 2022. Plaintiff shall not file any response unless directed to do so by the Court. Motions due by 10/19/2022. (Signed by Judge Lorna G. Schofield on 10/4/2022) (vfr)
October 4, 2022 Opinion or Order Filing 157 LETTER MOTION for Extension of Time to Submit a Motion for Reconsideration addressed to Judge Lorna G. Schofield from Richard L. Steer dated October 4, 2022. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center..(Steer, Richard)
September 30, 2022 Opinion or Order Filing 156 SCHEDULING ORDER: WHEREAS this action is trial ready. It is hereby, ORDERED that this action will be placed in second place on the Court's May 2023 trial-ready calendar; the jury trial will begin on May 8, 2023, at 9:45 a.m. or the Courts first available date thereafter. It is further, ORDERED that the parties shall be ready to proceed on 24 hours' notice on or after May 8, 2023. It is further, ORDERED that in accordance with and as further provided in Individual Rule IV.B: (1) Any motions in limine shall be filed by March 17, 2023. Responses to the motions shall be filed by March 27, 2023. No reply shall be filed. The parties shall follow the Court's Individual Rules regarding such motion. (2) Joint requests to charge, voir dire, verdict form, and any memorandum of law, as provided in the Court's Individual Rules, shall be filed by March 27, 2023. (3) The final pretrial order shall be filed April 3, 2023, as further set forth herein. Motions due by 3/17/2023. Responses due by 3/27/2023 Pretrial Order due by 4/3/2023. Ready for Trial by 5/8/2023. Jury Trial set for 5/8/2023 at 09:45 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/30/2022) (mml) Modified on 10/3/2022 (mml).
September 28, 2022 Opinion or Order Filing 155 OPINION AND ORDER re: #108 MOTION for Summary Judgment filed by NYU Grossman School of Medicine, David Kaplan, Joseph Antonik, NYU Langone Hospitals, NYU Langone Health System, NYU Hospitals Center, NYU Langone Medical Center. For the foregoing reasons, Defendants' motion for summary judgment is GRANTED in part and DENIED in part, and Defendants motion to strike Plaintiff's supplemental submission is DENIED as moot. Specifically, summary judgment is granted as to the following: (i) EPA unequal pay claims against Kaplan and Antonik; (ii) Title VII and NYSHRL discrimination claims on all factual theories against all Defendants; (iii) Title VII retaliation claims against the Individual Defendants and (iv) NYCHRL discrimination claims on each factual theory against all Defendants except to the extent based on allegedly sexist remarks. For clarity, Defendants' motion is denied as to the following claims, which survive: (i) unequal pay under the EPA against NYU, Swirnow and Rubin; (ii) Title VII retaliation against NYU; (iii) NYCHRL discrimination based on allegedly sexist remarks against all Defendants and (iv) NYCHRL and NYSHRL retaliation against all Defendants. The Clerk of Court is respectfully directed to close the motion at Docket Number 108. A trial scheduling order will follow. (Signed by Judge Lorna G. Schofield on 9/28/2022) (mml)
September 23, 2022 Opinion or Order Filing 154 ORDER granting #153 Letter Motion for Extension of Time. Application GRANTED. Defendants shall file any renewed motion to seal by October 19, 2022. Motions due by 10/19/2022. (Signed by Judge Lorna G. Schofield on 9/23/2022) (tg)
September 22, 2022 Opinion or Order Filing 153 JOINT LETTER MOTION for Extension of Time to file Letter Motion re Courts Order dated September 14, 2022 (Dkt No. 152) addressed to Judge Lorna G. Schofield dated 9/22/2022. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
September 14, 2022 Opinion or Order Filing 152 ORDER granting in part and denying in part #116 Motion to Seal; granting in part and denying in part #143 Motion to Seal. It is hereby ORDERED that the motions to seal are GRANTED in part and DENIED in part. For substantially the reasons stated in Defendants' motions, which also apply to some of the materials Plaintiff filed under seal, specific details of individuals' contracts and compensation, including the contracts themselves, will remain sealed, and only the parties, counsel of record and Court users will have access, including the entirety of Dkt. Nos. 118-1, 118-2, 132-9, 145-4 and 145-6 and the redacted portions of Dkt. Nos. 118-3, 118-4, 118-5, 119-1, 120-1, 120-2, 133, 134, 135, 145-3, 147 and 149. Although "[t]he common law right of public access to judicial documents is firmly rooted in our nations history," this right is not absolute, and courts "must balance competing considerations against" the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 11920 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commc'ns., Inc., 435 U.S. 589, 599 (1978) ("[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case."). Filing the above-referenced documents in redacted form is necessary to prevent the unauthorized dissemination of confidential business information and personal information, including personal health information. It is further ORDERED that other materials redacted or filed under seal for this reason appear to mostly or entirely include more general information that is neither private nor competitively sensitive, including the redacted portions of Dkt. Nos. 117, 118, 119 paragraphs 10-12, 120 paragraphs 7-8, 122-1, 122-2, 122-5, 137, 145-1, 145-2 and 145-5. Defendants have not explained how general employment practices like setting productivity targets, paying employees based on productivity, analyzing prior productivity to predict future productivity, etc., are competitively sensitive or would cause any harm to Defendants if disclosed. Similarly, any "individually identifiable health information" protected by the Health Insurance Portability and Accountability Act ("HIPAA") may also remain sealed, but all the materials the parties seek to seal on this basis currently appear to be either over-redacted or filed under seal when narrow redactions would suffice to safeguard protected health information, including Dkt. Nos. 119 paragraphs 21-26, 120 paragraphs 17-25, 120-3, 121-1, 122-3, 122-4 and 135-6. See 45 C.F.R. 160.103. Contrary to Defendants' argument, information is not protected by HIPAA merely because it discusses or refers generally to patient care, unless there is a "reasonable basis to believe the information can be used to identify the individual" to whom care was provided. Id. Much of the general and presumptively non-confidential information about compensation and patient care is also disclosed in the unredacted memorandum of law and Local Rule 56.1 statement that Defendant filed at Dkt. Nos. 108-1 and 108-2. To the extent any party seeks to maintain any of the above documents under seal in whole or in part, that party shall file a letter motion by October 5, 2022. Each party shall file any documents that implicate HIPAA with narrower redactions only to the extent necessary to comply with HIPAA and shall file more narrowly redacted (or unredacted) versions of any other documents, if narrower redactions are possible. Plaintiff also filed under seal the excerpts from depositions transcripts at Dkt. Nos. 132-2, 132-3, 132-5, 132-6, 132-7, 132-8, 132-10, 132-11, 132-12 and 132-13, including excerpts from the depositions of Plaintiff, Individual Defendants and several other employees of Defendants and excerpts from contracts, some of which were filed in redacted form by Defendants. Neither Plaintiff nor Defendants have filed a motion to seal any of those materials, and each appears to be mostly or entirely subject to public access. To the extent any party seeks to maintain any portion of those exhibits under seal, the party seeking continued sealing shall file a letter motion by October 5, 2022, bearing in mind the guidance above concerning what may remain sealed. All sealed documents shall remain sealed at this time pending further motion practice, and only the parties and individuals identified in the Appendix to Dkt. No. 116-1 will have access. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 116 and 143. (Signed by Judge Lorna G. Schofield on 9/14/2022) (mml) Modified on 9/15/2022 (mml).
September 14, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 10/5/2022. (mml)
July 29, 2022 Opinion or Order Filing 151 REPLY to Response to Motion re: #108 MOTION for Summary Judgment . Defendants' Supplemental Reply Memorandum of law in Response to and to Strike Plaintiff's New Chart (REDACTED VERSION). Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center..(Steer, Richard)
July 26, 2022 Opinion or Order Filing 150 ORDER: It is hereby ORDERED that, pending adjudication of Defendants' motion and the parties' requests to seal, the Clerk of Court is respectfully directed to place Dkt. No. 149 under seal, with access restricted to the parties to this case and court users. It is further ORDERED that, by July 29, 2022, Defendants shall file a redacted version of Dkt. No. 149 on the public docket, with redactions only as necessary to maintain the confidentiality of sensitive information sought to be filed under seal. It is further ORDERED that, if Defendants seek to maintain under seal any portion of Plaintiff's letter motion at Dkt. No. 147 that is not already redacted in the version at Dkt. No. 146, Defendants shall file a letter so requesting and providing pertinent authority by July 29, 2022, attaching a version of the letter motion with Defendants' requested redactions applied. (Signed by Judge Lorna G. Schofield on 7/25/2022) (mml)
June 17, 2022 Opinion or Order Filing 149 REPLY to Response to Motion re: #108 MOTION for Summary Judgment . Defendants' Supplemental Reply Memorandum of Law in Response to And to Strike Plaintiff's New Chart. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center..(Steer, Richard)
June 6, 2022 Opinion or Order Filing 148 ORDER terminating #146 Letter Motion for Leave to File Document; terminating #147 Letter Motion for Leave to File Document. The table in Plaintiff's letter at Dkt. No. 147 is deemed filed in opposition to Defendants' motion for summary judgment. Defendants may file, by June 17, 2022, a supplemental reply memorandum of law, not to exceed five pages, responding to the new chart and/or moving to strike it. So Ordered. (Signed by Judge Lorna G. Schofield on 6/6/2022) (tg)
June 6, 2022 Opinion or Order Set/Reset Deadlines: Replies due by 6/17/2022. (tg)
June 3, 2022 Opinion or Order Filing 147 ***SELECTED PARTIES*** LETTER MOTION for Leave to File corrected graph as set forth in Plaintiff's memorandum of law in opposition to Defendants' motion for summary judgment addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated June 3, 2022. Document filed by Sari Edelman, Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow.Motion or Order to File Under Seal: #107 .(Kataev, Emanuel)
June 3, 2022 Opinion or Order Filing 146 LETTER MOTION for Leave to File corrected graph as set forth in Plaintiff's memorandum of law in opposition to Defendants' motion for summary judgment addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated June 3, 2022. Document filed by Sari Edelman..(Kataev, Emanuel)
May 6, 2022 Opinion or Order Filing 145 ***SELECTED PARTIES***DECLARATION of Richard L. Steer in Support re: #143 MOTION to Seal .. Document filed by NYU School of Medicine, Joseph Antonik, NYU Langone Hospitals, NYU Grossman School of Medicine, Andrew T. Rubin, Joshua Swirnow, NYU Hospitals Center, NYU Langone Health System, NYU Langone Medical Center, David Kaplan, NYU Langone Nassau Rheumatology, Sari Edelman. (Attachments: #1 Exhibit Highlighted Memorandum of Law, #2 Exhibit Highlighted Swirnow Decl, #3 Exhibit Highlighted Swirnow Ex. 1, #4 Exhibit Copy of Sealed Swirnow Ex. 2, #5 Exhibit Highlighted Goldberg Declaration, #6 Exhibit Copy of Sealed Goldberg Ex. 1)Motion or Order to File Under Seal: #143 .(Steer, Richard)
May 6, 2022 Opinion or Order Filing 144 MEMORANDUM OF LAW in Support re: #143 MOTION to Seal . . Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
May 6, 2022 Opinion or Order Filing 143 MOTION to Seal . Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
May 6, 2022 Opinion or Order Filing 142 DECLARATION of Joshua B. Swirnow in Support re: #108 MOTION for Summary Judgment .. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow. (Attachments: #1 Exhibit 1 - Confidential Swirnow Comparison Chart, #2 Exhibit 2 - Dr. Porges Business Plan).(Steer, Richard)
May 6, 2022 Opinion or Order Filing 141 DECLARATION of David Kaplan in Support re: #108 MOTION for Summary Judgment .. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
May 6, 2022 Opinion or Order Filing 140 DECLARATION of Avram Z. Goldberg in Support re: #108 MOTION for Summary Judgment .. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow. (Attachments: #1 Exhibit 1 - First Amendment to Employment Agreement).(Steer, Richard)
May 6, 2022 Opinion or Order Filing 139 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE #140)DECLARATION of Avram Z. Goldberg in Support re: #108 MOTION for Summary Judgment .. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard) Modified on 5/9/2022 (kj).
May 6, 2022 Opinion or Order Filing 138 DECLARATION of Joseph Antonik in Support re: #108 MOTION for Summary Judgment .. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
May 6, 2022 Opinion or Order Filing 137 REPLY MEMORANDUM OF LAW in Support re: #108 MOTION for Summary Judgment . . Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
April 2, 2022 Opinion or Order Filing 136 ***SELECTED PARTIES***DECLARATION of Emanuel Kataev, Esq. in Opposition re: #108 MOTION for Summary Judgment .. Document filed by Sari Edelman, Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)Motion or Order to File Under Seal: #116 .(Kataev, Emanuel)
April 2, 2022 Opinion or Order Filing 135 ***SELECTED PARTIES***DECLARATION of Dr. Sari Edelman in Opposition re: #108 MOTION for Summary Judgment .. Document filed by Sari Edelman, Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Motion or Order to File Under Seal: #116 .(Kataev, Emanuel)
April 2, 2022 Opinion or Order Filing 134 ***SELECTED PARTIES***COUNTER STATEMENT TO Document filed by Sari Edelman. Motion or Order to File Under Seal: #116 .(Kataev, Emanuel)
April 2, 2022 Opinion or Order Filing 133 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #108 MOTION for Summary Judgment . . Document filed by Sari Edelman. Motion or Order to File Under Seal: #116 .(Kataev, Emanuel)
April 2, 2022 Opinion or Order Filing 132 DECLARATION of Emanuel Kataev, Esq. in Opposition re: #108 MOTION for Summary Judgment .. Document filed by Sari Edelman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M).(Kataev, Emanuel)
April 1, 2022 Opinion or Order Filing 131 DECLARATION of Dr. Sari Edelman in Opposition re: #108 MOTION for Summary Judgment .. Document filed by Sari Edelman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Kataev, Emanuel)
April 1, 2022 Opinion or Order Filing 130 COUNTER STATEMENT TO Document filed by Sari Edelman..(Kataev, Emanuel)
April 1, 2022 Opinion or Order Filing 129 MEMORANDUM OF LAW in Opposition re: #108 MOTION for Summary Judgment . Redacted. Document filed by Sari Edelman..(Kataev, Emanuel)
April 1, 2022 Opinion or Order Filing 128 ORDER denying #127 Letter Motion for Leave to File Excess Pages. Application DENIED. Plaintiff shall comply with the page limit at Individual Rule III.B.1. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 127. (Signed by Judge Lorna G. Schofield on 4/1/2022) (tg)
April 1, 2022 Opinion or Order Filing 127 CONSENT LETTER MOTION for Leave to File Excess Pages for Plaintiff's memorandum of law in opposition to Defendants' motion for summary judgment addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated April 1, 2022. Document filed by Sari Edelman..(Kataev, Emanuel)
March 14, 2022 Opinion or Order Filing 126 ORDER granting #125 Letter Motion for Extension of Time to File. Application GRANTED. Plaintiff shall file her opposition to the summary judgment motion by April 1, 2022. Defendants shall file their reply by May 6, 2022. (Signed by Judge Lorna G. Schofield on 3/14/2022) (ate)
March 14, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 4/1/2022. Replies due by 5/6/2022. (ate)
March 12, 2022 Opinion or Order Filing 125 SECOND LETTER MOTION for Extension of Time to File opposition and reply papers to Defendants' motion for summary judgment addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated March 12, 2022. Document filed by Sari Edelman..(Kataev, Emanuel)
March 8, 2022 Opinion or Order Filing 124 ORDER: granting in part and denying in part #123 Letter Motion for Extension of Time to File. Application GRANTED IN PART and DENIED IN PART. Plaintiff shall file opposition papers by March 18, 2022. Defendants shall file reply papers by April 8, 2022. No further extensions will be granted. (Signed by Judge Lorna G. Schofield on 3/08/2022) (ama)
March 8, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 3/18/2022 Replies due by 4/8/2022. (ama)
March 7, 2022 Opinion or Order Filing 123 CONSENT LETTER MOTION for Extension of Time to File Plaintiff's opposition papers to Defendants' motion for summary judgment and Defendants' reply papers in further support of same addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated March 7, 2022. Document filed by Sari Edelman..(Kataev, Emanuel)
February 19, 2022 Opinion or Order Filing 122 ***SELECTED PARTIES***DECLARATION of Richard L. Steer in Support re: #108 MOTION for Summary Judgment .. Document filed by NYU School of Medicine, Joseph Antonik, NYU Langone Hospitals, NYU Grossman School of Medicine, Andrew T. Rubin, Joshua Swirnow, NYU Hospitals Center, NYU Langone Health System, NYU Langone Medical Center, David Kaplan, NYU Langone Nassau Rheumatology, Sari Edelman. (Attachments: #1 Exhibit Ex A for Redaction, #2 Exhibit Ex B for Redaction, #3 Exhibit Ex E for Redaction, #4 Exhibit Ex G for Redaction, #5 Exhibit Ex I for Redaction)Motion or Order to File Under Seal: #116 .(Steer, Richard)
February 19, 2022 Opinion or Order Filing 121 ***SELECTED PARTIES***DECLARATION of Miriam Ruiz in Support re: #108 MOTION for Summary Judgment .. Document filed by NYU School of Medicine, Joseph Antonik, NYU Langone Hospitals, NYU Grossman School of Medicine, Andrew T. Rubin, Joshua Swirnow, NYU Hospitals Center, NYU Langone Health System, NYU Langone Medical Center, David Kaplan, NYU Langone Nassau Rheumatology, Sari Edelman. (Attachments: #1 Exhibit Ex A for Sealing)Motion or Order to File Under Seal: #116 .(Steer, Richard)
February 19, 2022 Opinion or Order Filing 120 ***SELECTED PARTIES***DECLARATION of Andrew J. Porges, M.D. in Support re: #108 MOTION for Summary Judgment .. Document filed by NYU School of Medicine, Joseph Antonik, NYU Langone Hospitals, NYU Grossman School of Medicine, Andrew T. Rubin, Joshua Swirnow, NYU Hospitals Center, NYU Langone Health System, NYU Langone Medical Center, David Kaplan, NYU Langone Nassau Rheumatology, Sari Edelman. (Attachments: #1 Exhibit Ex A for Redaction, #2 Exhibit Ex B for Redaction, #3 Exhibit Ex C for Redaction)Motion or Order to File Under Seal: #116 .(Steer, Richard)
February 19, 2022 Opinion or Order Filing 119 ***SELECTED PARTIES***DECLARATION of Avram Z. Goldberg in Support re: #108 MOTION for Summary Judgment .. Document filed by NYU School of Medicine, Joseph Antonik, NYU Langone Hospitals, NYU Grossman School of Medicine, Andrew T. Rubin, Joshua Swirnow, NYU Hospitals Center, NYU Langone Health System, NYU Langone Medical Center, David Kaplan, NYU Langone Nassau Rheumatology, Sari Edelman. (Attachments: #1 Exhibit Ex A for Redaction)Motion or Order to File Under Seal: #116 .(Steer, Richard)
February 19, 2022 Opinion or Order Filing 118 ***SELECTED PARTIES***DECLARATION of Joshua B. Swirnow in Support re: #108 MOTION for Summary Judgment .. Document filed by NYU School of Medicine, Joseph Antonik, NYU Langone Hospitals, NYU Grossman School of Medicine, Andrew T. Rubin, Joshua Swirnow, NYU Hospitals Center, NYU Langone Health System, NYU Langone Medical Center, David Kaplan, NYU Langone Nassau Rheumatology, Sari Edelman. (Attachments: #1 Exhibit Ex A for Sealing, #2 Exhibit Ex B for Sealing, #3 Exhibit Ex C for Redaction, #4 Exhibit Ex D for Redaction, #5 Exhibit Ex E for Redaction)Motion or Order to File Under Seal: #116 .(Steer, Richard)
February 19, 2022 Opinion or Order Filing 117 ***SELECTED PARTIES***DECLARATION of Andrew T. Rubin in Support re: #108 MOTION for Summary Judgment .. Document filed by NYU School of Medicine, Joseph Antonik, NYU Langone Hospitals, NYU Grossman School of Medicine, Andrew T. Rubin, Joshua Swirnow, NYU Hospitals Center, NYU Langone Health System, NYU Langone Medical Center, David Kaplan, NYU Langone Nassau Rheumatology, Sari Edelman. Motion or Order to File Under Seal: #116 .(Steer, Richard)
February 19, 2022 Opinion or Order Filing 116 MOTION to Seal . Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow. (Attachments: #1 Memorandum of Law in Support of Motion to Seal).(Steer, Richard)
February 19, 2022 Opinion or Order Filing 115 DECLARATION of Andrew T. Rubin in Support re: #108 MOTION for Summary Judgment .. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
February 19, 2022 Opinion or Order Filing 114 DECLARATION of Joshua B. Swirnow in Support re: #108 MOTION for Summary Judgment .. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow. (Attachments: #1 Ex A - Sealed, #2 Ex B - Sealed, #3 Exh. C - Edelman Employment Agreement_Redacted, #4 Exh. D - Renewal of Employment Agreement_Redacted, #5 Exh. E - Modi Employment Agreement_Redacted, #6 Exh. F- Modi CV).(Steer, Richard)
February 19, 2022 Opinion or Order Filing 113 DECLARATION of Miriam Ruiz in Support re: #108 MOTION for Summary Judgment .. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow. (Attachments: #1 Exh A - Spreadsheet - Redacted, #2 Exh B - Emailed dated Nov. 13, 2019, #3 Exh C - Email dated March 11, 2020 re Tiffany Diaz).(Steer, Richard)
February 19, 2022 Opinion or Order Filing 112 DECLARATION of Andrew J. Porges, MD in Support re: #108 MOTION for Summary Judgment .. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow. (Attachments: #1 Exh A - Porges' CV & Renewal of Employment Agreement_Redacted, #2 Exh B - Porges Employment Agreement_Redacted, #3 Exh C - Summary_Redacted).(Steer, Richard)
February 19, 2022 Opinion or Order Filing 111 DECLARATION of Avram Z. Goldberg in Support re: #108 MOTION for Summary Judgment .. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow. (Attachments: #1 Exh. A - Goldberg CV & Employment Agreement_Redacted).(Steer, Richard)
February 19, 2022 Opinion or Order Filing 110 DECLARATION of Joseph Antonik in Support re: #108 MOTION for Summary Judgment .. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow. (Attachments: #1 Ex. A - Email dated September 16, 2019).(Steer, Richard)
February 18, 2022 Opinion or Order Filing 109 DECLARATION of Richard L. Steer in Support re: #108 MOTION for Summary Judgment .. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow. (Attachments: #1 Redacted Ex. A, #2 Redacted Ex. B, #3 Ex. C, #4 Ex. D, #5 Redacted Ex. E, #6 Ex. F, #7 Redacted Ex. G, #8 Ex. H, #9 Redacted Ex. I).(Steer, Richard)
February 18, 2022 Opinion or Order Filing 108 MOTION for Summary Judgment . Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center. (Attachments: #1 Defendants' Confidential Rule 56.1 Statement of Materials Facts, #2 Defendants' Memorandum of Law in Support of Defendants' Motion for Summary Judgment).(Steer, Richard)
February 7, 2022 Opinion or Order Filing 107 ORDER granting #102 Letter Motion to Seal. Application GRANTED for substantially the reasons stated in Defendants' letter at Dkt. No. 105. The Clerk of Court is respectfully directed to seal the letter at Dkt. No. 99 and to maintain the documents at Dkt. Nos. 99 and 103 under seal with access limited to the following counsel: (i) Emanuel Kataev, Esq.; (ii) Joseph M. Labuda, Esq.; (iii) Richard L. Steer, Esq.; (iv) Tara Toevs Carolan, Esq.; and (v) Ingrid J. Cardona, Esq. (Signed by Judge Lorna G. Schofield on 2/4/2022) (mml)
February 7, 2022 Opinion or Order Filing 106 ORDER denying #105 Letter Motion to Seal. Defendants' request that this Court preemptively order certain records to be filed under seal is DENIED. The parties shall comply with the process set out in Individual Rule I.D for sealing materials. (Signed by Judge Lorna G. Schofield on 2/4/2022) (vfr)
February 4, 2022 Opinion or Order Filing 105 CONSENT LETTER MOTION to Seal and/or redact records filed in support of and in opposition to Defendants motion for summary judgment, and Letter Response to the Court's Order #104 in Support of Plaintiff's Letter Motion to Seal #102 addressed to Judge Lorna G. Schofield dated 2/4/2022. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow. (Attachments: #1 Exhibit A - Stipulated Confidentiality Order).(Steer, Richard)
January 31, 2022 Opinion or Order Filing 104 ORDER with respect to #102 Letter Motion to Seal. Because Plaintiff seeks to seal Defendants' information, Defendants shall file a letter by February 4, 2022, providing the basis for sealing its information accordance with the three-part test in Lugosch. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). So Ordered. (Signed by Judge Lorna G. Schofield on 1/31/2022) (js)
January 28, 2022 Opinion or Order Filing 103 ***SELECTED PARTIES***REDACTION to #102 CONSENT LETTER MOTION to Seal Plaintiff's letter response in opposition to Defendants' letter motion for a pre-motion conference in anticipation of Defendants' motion for summary judgment together with a redacted copy of the filing by Sari Edelman, Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua SwirnowMotion or Order to File Under Seal: #45 .(Kataev, Emanuel)
January 28, 2022 Opinion or Order Filing 102 CONSENT LETTER MOTION to Seal Plaintiff's letter response in opposition to Defendants' letter motion for a pre-motion conference in anticipation of Defendants' motion for summary judgment together with a redacted copy of the filing addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated January 28, 2022. Document filed by Sari Edelman. (Attachments: #1 Exhibit - Redacted Document to be filed Under Seal).(Kataev, Emanuel)
January 28, 2022 Opinion or Order Filing 101 ORDER denying #92 LETTER MOTION for Conference re Defendants' Anticipated Motion for Summary Judgment addressed to Judge Lorna G. Schofield dated 1/20/2022. Defendants' request for a pre-motion conference is DENIED because there are no issues to discuss. The conference scheduled for February 3, 2022, at 10:50 A.M. is CANCELLED. Defendants shall file their motion for summary judgment and supporting papers by February 18, 2022. Plaintiff shall file her memorandum of law in opposition and supporting papers by March 11, 2022. Defendants shall file their reply memorandum of law by March 25, 2022. The parties' attention is directed to Individual Rule III.C.6, which sets limits for Local Rule 56.1 statements. (Signed by Judge Lorna G. Schofield on 1/28/2022) (mml)
January 28, 2022 Opinion or Order Filing 100 ORDER granting #98 Letter Motion for Leave to File Excess Pages. Application GRANTED. Plaintiff's letter in opposition to Defendants' pre-motion conference letter shall not exceed four pages. (Signed by Judge Lorna G. Schofield on 1/27/2022) (mml)
January 28, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 2/18/2022. Responses due by 3/11/2022 Replies due by 3/25/2022. (mml)
January 27, 2022 Opinion or Order Filing 99 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated January 27, 2022 re: #92 LETTER MOTION for Conference re Defendants' Anticipated Motion for Summary Judgment addressed to Judge Lorna G. Schofield dated 1/20/2022. . Document filed by Sari Edelman..(Kataev, Emanuel)
January 27, 2022 Opinion or Order Filing 98 CONSENT LETTER MOTION for Leave to File Excess Pages of one additional page for Plaintiff's letter in opposition to Defendants' letter motion for a pre-motion conference in anticipation of Defendants' motion for summary judgment addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated January 27, 2022. Document filed by Sari Edelman..(Kataev, Emanuel)
January 25, 2022 Opinion or Order Filing 97 ANSWER to #96 Amended Complaint,. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center..(Steer, Richard)
January 22, 2022 Opinion or Order Filing 96 FIRST AMENDED COMPLAINT amending #1 Complaint, against Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow with JURY DEMAND.Document filed by Sari Edelman. Related document: #1 Complaint,..(Kataev, Emanuel)
January 21, 2022 Opinion or Order Filing 95 ORDER with respect to #92 Letter Motion for Conference re: #92 LETTER MOTION for Conference re Defendants' Anticipated Motion for Summary Judgment addressed to Judge Lorna G. Schofield dated 1/20/2022. Plaintiff shall file a response to Defendants' letter by January 27, 2022. (Signed by Judge Lorna G. Schofield on 1/21/2022) (tg)
January 21, 2022 Opinion or Order Filing 94 MEMO ENDORSEMENT granting #89 Motion to Amend/Correct #89 MOTION to Amend/Correct the complaint pursuant to Rule 15 of the Federal Rules of Civil Procedure. ENDORSEMENT: Application GRANTED. Plaintiff shall file the amended complaint by January 25, 2022.. (Signed by Judge Lorna G. Schofield on 1/21/2022) (tg)
January 21, 2022 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 1/25/2022. (tg)
January 21, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 1/27/2022 (tg)
January 20, 2022 Opinion or Order Filing 93 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield dated 1/20/2022 re: #89 MOTION to Amend/Correct the complaint pursuant to Rule 15 of the Federal Rules of Civil Procedure. . Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
January 20, 2022 Opinion or Order Filing 92 LETTER MOTION for Conference re Defendants' Anticipated Motion for Summary Judgment addressed to Judge Lorna G. Schofield dated 1/20/2022. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
January 20, 2022 Opinion or Order Filing 91 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - (SEE DOCUMENT #93) - LETTER addressed to Judge Lorna G. Schofield dated 1/20/2022 re: Defendants response to Plaintiff's letter motion to amend/correct the Complaint. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard) Modified on 1/20/2022 (lb).
January 18, 2022 Opinion or Order Filing 90 ORDER with respect to #89 Motion to Amend/Correct #89 MOTION to Amend/Correct the complaint pursuant to Rule 15 of the Federal Rules of Civil Procedure. Defendants shall file a response to Plaintiff's letter by January 20, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 1/18/2022) (rro)
January 18, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 1/20/2022 (rro)
January 17, 2022 Opinion or Order Filing 89 MOTION to Amend/Correct the complaint pursuant to Rule 15 of the Federal Rules of Civil Procedure. Document filed by Sari Edelman. (Attachments: #1 Exhibit - Proposed First Amended Complaint).(Kataev, Emanuel)
December 14, 2021 Opinion or Order Filing 88 JOINT LETTER addressed to Judge Lorna G. Schofield from Richard L. Steer dated December 14, 2021 re: Case Status. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center..(Steer, Richard)
December 8, 2021 Opinion or Order Filing 87 ORDER denying #76 Letter Motion for Extension of Time to File ; denying #77 Letter Motion for Extension of Time to File. Plaintiff's application for an extension of the time to disclose her expert and the expert's report is DENIED. The parties' deadline to disclose experts and their written reports was November 24, 2021. Plaintiff has not offered good cause for failing to seek an extension of the November 24 deadline prior to its expiration and has offered no explanation for why good cause exists for failure to comply with that deadline. Plaintiff's claims of diligence in seeking an expert are unsupported. Plaintiff does not state when she began seeking to hire an expert or whether those efforts were underway prior to the deadline. Defendants will be prejudiced by the extension because they have operated since November 24, 2021, under the belief that no party has an expert and now Plaintiff seeks the production of additional documents for her proposed expert to review, Plaintiff's expert would need to be deposed and Defendants would need to consider presenting a counter-expert. See FIH, LLC v. Found. Cap. Partners LLC, 920 F.3d 134, 145-46 (2d Cir. 2019) (upholding district court's decision to exclude an expert report disclosed at the eleventh hour and finding district court acted within its discretion in enforcing the discovery deadline it had set). (Signed by Judge Lorna G. Schofield on 12/8/2021) (jca)
December 8, 2021 Opinion or Order Filing 86 ORDER denying #79 Letter Motion for Discovery. Application DENIED. The Court's Order providing the parties an additional two days to propose a deposition schedule did not extend the November 24, 2021, Rule 26(a)(2) disclosure deadline and was entered independent of Plaintiff's extension request.. (Signed by Judge Lorna G. Schofield on 12/8/2021) (kv)
December 7, 2021 Opinion or Order Filing 85 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated December 7, 2021 re: #79 LETTER MOTION for Discovery (Reconsideration of Order (Dkt. No. 70) addressed to Judge Lorna G. Schofield from Richard L. Steer dated 12/2/21. . Document filed by Sari Edelman..(Kataev, Emanuel)
December 6, 2021 Opinion or Order Set/Reset Deadlines: Deposition due by 12/21/2021. (ate)
December 6, 2021 Opinion or Order Filing 84 MEMO ENDORSEMENT on re: #81 Letter, filed by Sari Edelman. ENDORSEMENT: The parties shall complete each deposition by the relevant date listed below. So Ordered. (Signed by Judge Lorna G. Schofield on 12/6/2021) (ate)
December 6, 2021 Opinion or Order Filing 83 ORDER granting #82 Letter Motion for Extension of Time to File. Application GRANTED. A deadline for the parties to propose a date for the deposition of Plaintiff's proposed expert witness will be set after the dispute regarding the timeliness of Plaintiff's disclosure is resolved. (Signed by Judge Lorna G. Schofield on 12/6/2021) (va)
December 3, 2021 Opinion or Order Filing 82 JOINT LETTER MOTION for Extension of Time to File Deposition Date of Plaintiff's Proposed Expert Witness addressed to Judge Lorna G. Schofield from Richard L. Steer dated 12/3/21. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
December 3, 2021 Opinion or Order Filing 81 JOINT LETTER addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated December 3, 2021 re: submission in accordance with this Court's Order dated December 1, 2021 (Docket Entry 75). Document filed by Sari Edelman..(Kataev, Emanuel)
December 3, 2021 Opinion or Order Filing 80 ORDER with respect to #79 Letter Motion for Discovery. Plaintiff shall file a response to Defendants' letter by December 7, 2021. (Signed by Judge Lorna G. Schofield on 12/3/2021) (mml)
December 3, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 12/7/2021. (mml)
December 2, 2021 Opinion or Order Filing 79 LETTER MOTION for Discovery (Reconsideration of Order (Dkt. No. 70) addressed to Judge Lorna G. Schofield from Richard L. Steer dated 12/2/21. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
December 2, 2021 Opinion or Order Filing 78 ORDER: It is hereby ORDERED that by December 3, 2021, the parties shall file the proposed schedule. The parties are advised that failure to comply with Court-ordered deadlines may result in sanctions. (Signed by Judge Lorna G. Schofield on 12/2/2021) (mml)
December 2, 2021 Opinion or Order Filing 77 SUPPLEMENTAL LETTER MOTION for Extension of Time to File expert disclosure pursuant to Fed. R. Civ. P. 26(a)(2) (refiled with exhibits inadvertently omitted from prior filing) addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated December 2, 2021. Document filed by Sari Edelman. (Attachments: #1 Exhibit Expert's CV, #2 Errata Expert's Fee Schedule).(Kataev, Emanuel)
December 2, 2021 Opinion or Order Filing 76 LETTER MOTION for Extension of Time to File expert disclosure pursuant to Fed. R. Civ. P. 26(a)(2) addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated December 2, 2021. Document filed by Sari Edelman..(Kataev, Emanuel)
December 1, 2021 Opinion or Order Filing 75 ORDER: granting in part and denying in part #73 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED IN PART and DENIED IN PART. Plaintiff's application for an extension of the discovery deadline is GRANTED for the limited purpose of conducting an additional deposition of Defendant Antonik based on the late disclosure of documents. Plaintiff's further requests for relief, such as third-party review of hard drives or payment of costs, are denied as disproportionate to the harm Plaintiff suffered from the late disclosure of documents. Plaintiff's request for additional time to depose Drs. Goldberg and Taverni is denied because it is unsupported by any cause for delay let alone extraordinary circumstances. The parties were previously advised that no further extensions would be granted absent extraordinary circumstances. To the extent Plaintiff requests to conduct additional written discovery following the deposition of Antonik, Plaintiff's request is denied without prejudice to renewal so long as any renewed request is narrowly related to issues that follow from the late disclosure of documents. By December 3, 2021, the parties shall confer and submit a joint letter proposing a date for the deposition of Defendant Antonik as related to the late disclosed documents. (Signed by Judge Lorna G. Schofield on 12/01/2021) (ama)
November 28, 2021 Opinion or Order Filing 74 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Richard L. Steer dated 11/28/2021 re: #73 LETTER MOTION for Extension of Time to Complete Discovery pursuant to Fed. R. Civ. P. 6 addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated November 26, 2021. . Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
November 26, 2021 Opinion or Order Filing 73 LETTER MOTION for Extension of Time to Complete Discovery pursuant to Fed. R. Civ. P. 6 addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated November 26, 2021. Document filed by Sari Edelman..(Kataev, Emanuel)
November 24, 2021 Opinion or Order Filing 72 MEMO ENDORSEMENT on re: #71 Letter filed by Sari Edelman. ENDORSEMENT: The parties shall complete each deposition by the individual dates listed below. For the two unscheduled depositions, the parties are reminded that fact discovery closes on November 30, 2021, and no further discovery extensions will be granted. So Ordered. (Signed by Judge Lorna G. Schofield on 11/23/2021) (mml)
November 22, 2021 Opinion or Order Filing 71 JOINT LETTER addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated November 22, 2021 re: this Court's Order dated November 16, 2021 (Docket Entry 68). Document filed by Sari Edelman..(Kataev, Emanuel)
November 18, 2021 Opinion or Order Filing 70 ORDER granting #69 Letter Motion for Extension of Time. Application GRANTED. The parties' deadline to file a proposed schedule for expert depositions is extended to December 1, 2021. The parties are advised that the remaining so ordered expert discovery deadlines are not extended and that the parties' counsel shall maintain mutual availability on their schedules in December to complete expert depositions, if any. (Signed by Judge Lorna G. Schofield on 11/18/2021) (jca)
November 17, 2021 Opinion or Order Filing 69 LETTER MOTION for Extension of Time and Joint Letter regarding Proposed Schedule for Expert Depositions addressed to Judge Lorna G. Schofield dated 11/17/2021. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
November 16, 2021 Opinion or Order Filing 68 ORDER terminating #67 Letter Motion to Continue. The parties shall file a letter by November 22, 2021, proposing a date for the deposition of Dr. Porges that does not result in any delay of the close of all discovery on January 14, 2022. (Signed by Judge Lorna G. Schofield on 11/16/2021) (mml)
November 16, 2021 Opinion or Order Set/Reset Deadlines: Discovery due by 1/14/2022. (mml)
November 15, 2021 Opinion or Order Filing 67 CONSENT LETTER MOTION to Continue deposition of Dr. Andrew Porges addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated November 15, 2021. Document filed by Sari Edelman..(Kataev, Emanuel)
November 3, 2021 Opinion or Order Filing 66 MEMO ENDORSEMENT on re: #65 Letter filed by NYU Grossman School of Medicine, Joseph Antonik, NYU Langone Nassau Rheumatology, NYU School of Medicine, NYU Langone Health System, Joshua Swirnow, NYU Langone Medical Center, David Kaplan, NYU Langone Hospitals, Andrew T. Rubin, NYU Hospitals Center. ENDORSEMENT: The parties shall make expert disclosures by the dates listed in this Letter. By November 17, 2021, the parties shall file a proposed schedule for expert depositions, if any. So Ordered., ( Expert Discovery due by 1/14/2022.) (Signed by Judge Lorna G. Schofield on 11/03/2021) (ama)
November 2, 2021 Opinion or Order Filing 65 JOINT LETTER addressed to Judge Lorna G. Schofield dated 11/2/2021 re: Proposed amended expert discovery schedule. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
October 29, 2021 Opinion or Order Filing 64 THIRD AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. The case is to be tried to a jury. Deposition due by 11/29/2021. Fact Discovery due by 11/30/2021. Expert Discovery due by 1/14/2022. By November 2, 2021, the parties shall file their proposed schedule for expert disclosures, including reports, production of underlying documents and depositions, with the Court. Counsel for the parties have conferred and the present best estimate of the length of trial is 3-5 days. Telephone Conference set for 2/3/2022 at 10:50 AM before Judge Lorna G. Schofield. i. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Ru1e III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. to join the conference, the parties shall call (888)363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5,6,8(a), 99b)-(c) and 139(a)-(c) into the Court's calendar. (Signed by Judge Lorna G. Schofield on 10/29/2021) (mml) Modified on 11/2/2021 (mml).
October 29, 2021 Opinion or Order Filing 63 ORDER granting #62 Letter Motion for Extension of Time to Complete Discovery. The parties' joint request for an extension of the deadline to complete fact discovery is GRANTED. No further extensions will be granted. The parties shall complete each deposition by the deadline listed below. The parties are reminded of their obligations under Rule 37(b). An amended Case Management Plan will follow. SO ORDERED.. (Signed by Judge Lorna G. Schofield on 10/29/2021) (kv)
October 29, 2021 Opinion or Order Set/Reset Deadlines: Deposition due by 11/29/2021. Expert Discovery due by 1/14/2022. Fact Discovery due by 11/30/2021. (kv)
October 28, 2021 Opinion or Order Filing 62 JOINT LETTER MOTION for Extension of Time to Complete Discovery and Joint Status Letter addressed to Judge Lorna G. Schofield dated 10/28/2021. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
October 21, 2021 Opinion or Order Filing 61 MEMO ENDORSEMENT on re: #60 Letter, filed by NYU Grossman School of Medicine, Joseph Antonik, NYU Langone Nassau Rheumatology, NYU School of Medicine, NYU Langone Health System, Joshua Swirnow, NYU Langone Medical Center, David Kaplan, NYU Langone Hospitals, Andrew T. Rubin, NYU Hospitals Center. ENDORSEMENT: Defendants' application is GRANTED IN PART for substantially the reasons stated by Defendants in this letter. Defendants' request is fair and proportional to the needs of this case. Defendants shall depose plaintiff for up to six (6) additional hours, exclusive of breaks and any examination by Plaintiff's counsel. Plaintiff shall appear for the deposition beginning at 12:15 p.m. on Friday, October 29, 2021. (Deposition due by 10/29/2021.) (Signed by Judge Lorna G. Schofield on 10/21/2021) (mml)
October 20, 2021 Opinion or Order Filing 60 JOINT LETTER addressed to Judge Lorna G. Schofield dated 10/20/2021 re: additional time to depose Plaintiff. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
October 14, 2021 Opinion or Order Filing 59 ORDER: terminating #58 Letter Motion for Local Rule 37.2 Conference. By October 20, 2021, the parties shall (1) meet and confer for at least thirty (30) minutes to attempt to resolve their discovery dispute and (2) file a joint letter confirming that they met and conferred for at least thirty minutes. If the parties are unable to resolve their dispute, the letter shall state the parties' positions. The letter shall not exceed six (6) pages. So Ordered. (Signed by Judge Lorna G. Schofield on 10/13/2021) (ama)
October 12, 2021 Opinion or Order Filing 58 LETTER MOTION for Local Rule 37.2 Conference regarding additional time to depose Plaintiff addressed to Judge Lorna G. Schofield dated 10/12/2021. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
October 8, 2021 Opinion or Order Filing 57 JOINT LETTER addressed to Judge Lorna G. Schofield dated 10/8/2021 re: depositions and expert discovery. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
September 23, 2021 Opinion or Order Filing 56 MEMO ENDORSEMENT on re: #55 Letter, filed by NYU Grossman School of Medicine, Joseph Antonik, NYU Langone Nassau Rheumatology, NYU School of Medicine, NYU Langone Health System, Joshua Swirnow, NYU Langone Medical Center, David Kaplan, NYU Langone Hospitals, Andrew T. Rubin, NYU Hospitals Center. ENDORSEMENT: The parties shall complete each deposition by the deadline listed below. So Ordered. ( Deposition due by 11/15/2021.) (Signed by Judge Lorna G. Schofield on 9/23/2021) (cf)
September 22, 2021 Opinion or Order Filing 55 JOINT LETTER addressed to Judge Lorna G. Schofield dated 9/22/2021 re: deadlines for depositions. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
September 16, 2021 Opinion or Order Filing 54 SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Requests to admit pursuant to Fed. R. Civ. P. 36 shall be served by November 30, 2021. If you have identified types of experts in question 9(a), by October 15, 2021 [no later than one month before the date in paragraph 8(a), i.e., the completion of all fact discovery] the parties shall meet and confer on a schedule for expert disclosures, including reports, production of underlying documents and depositions, provided that (i) expert report(s) of the party with the burden of proof shall be due before those of the opposing party's expert(s); and (ii) all expert discovery shall be completed by the date set forth in paragraph 9(b). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3-5 days. By October 8, 2021, and November 5, 2021, the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2. The letters shall include an update on each deposition. By December 3, 2021 [14 days after the close of fact discovery], the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2 and, in the event that they have not already been referred for settlement discussions, shall also advise the Court whether or not they request a referral for settlement discussions as provided in Paragraph 4(c) above. When expert discovery begins, the letters shall include an update on expert discovery, including any intended expert witness depositions. On January 21, 2022 at 10:50 A.M. a pre-motion conference will be held for any anticipated dispositive motions. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. Deposition due by 11/15/2021. Fact Discovery due by 11/15/2021. Expert Discovery due by 12/31/2021. Telephone Conference set for 1/21/2022 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/15/2021) (ate)
September 15, 2021 Opinion or Order Filing 53 ORDER granting #50 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The deadline to complete fact discovery is extended from September 30, 2021, to November 15, 2021. An amended case management plan will follow. By September 22, 2021, the parties shall submit a letter proposing deadlines for each outstanding deposition. No further extensions will be granted absent extraordinary circumstances. (Signed by Judge Lorna G. Schofield on 9/15/2021) (va)
September 15, 2021 Opinion or Order Set/Reset Deadlines: Fact Discovery due by 9/30/2021. (va)
September 14, 2021 Opinion or Order Filing 52 JOINT LETTER addressed to Judge Lorna G. Schofield dated 9/14/2021 Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow. (Attachments: #1 Proposed Second Amended Civil Case Management Plan & Scheduling Order).(Steer, Richard)
September 14, 2021 Opinion or Order Filing 51 LETTER addressed to Judge Lorna G. Schofield dated 9/14/2021 re: NYU response pursuant to the Court's September 9, 2021 Order concerning depositions. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
September 10, 2021 Opinion or Order Filing 50 JOINT LETTER MOTION for Extension of Time to Complete Discovery and letter in response to & in accordance with this Court's September 9, 2021 Order concerning depositions (Docket Entry 49) addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated September 10, 2021. Document filed by Sari Edelman..(Kataev, Emanuel)
September 10, 2021 Opinion or Order Filing 49 ORDER: It is hereby ORDERED that Plaintiff shall submit a letter by September 10, 2021, explaining a reasonable basis for the delay in identifying witnesses to be deposed and any extraordinary circumstances warranting an extension of time to complete the depositions sought. Plaintiff shall explain why she should not be held to the current deadline, which was ordered with no further extensions absent extraordinary circumstances, or something close to it. Plaintiff shall include descriptions of the role for each individual sought to be deposed. It is further ORDERED that Defendants shall submit a letter by September 14, 2021, indicating who on the list is available to be deposed before the current deadline if ordered to do so, and if not, why they are not available and the soonest they could be deposed. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/9/2021) (cf) Modified on 9/10/2021 (cf).
September 8, 2021 Opinion or Order Filing 48 JOINT LETTER addressed to Judge Lorna G. Schofield dated 9/8/2021 re: The dates, names, and roles of any witnesses to be deposed. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
September 7, 2021 Opinion or Order Filing 47 ORDER granting #46 Letter Motion for Extension of Time to File. Application GRANTED. The parties' deadline to submit the letter is extended from September 3, 2021, to September 8, 2021, nunc pro tunc. No further extensions will be granted absent extraordinary circumstances. (Signed by Judge Lorna G. Schofield on 9/7/2021) (cf)
September 3, 2021 Opinion or Order Filing 46 CONSENT LETTER MOTION for Extension of Time to File joint letter concerning depositions pursuant to August 25, 2021 Order (Docket Entry 43) addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated September 3, 2021. Document filed by Sari Edelman..(Kataev, Emanuel)
August 27, 2021 Opinion or Order Filing 45 STIPULATED CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) The parties are advised that the Court retains discretion as to whether to afford confidential treatment to redacted information in Orders and Opinions. (Signed by Judge Lorna G. Schofield on 8/27/2021) (cf)
August 27, 2021 Opinion or Order Filing 44 PROPOSED STIPULATION AND ORDER. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
August 25, 2021 Opinion or Order Filing 43 MEMO ENDORSEMENT on re: #39 LETTER MOTION for Extension of Time to File Response/Reply as to #37 LETTER MOTION for Local Rule 37.2 Conference regarding Proposed Stipulated Confidentiality Order addressed to Judge Lorna G. Schofield dated 8/18/2021. and Joint filed by NYU Grossman School of Medicine, Joseph Antonik, NYU Langone Nassau Rheumatology, NYU Langone Health System, NYU Langone Medical Center, David Kaplan, NYU Langone Hospitals, NYU Hospitals Center. ENDORSEMENT: The parties shall file a joint letter by September 3, 2021, specifying the names and roles of any witnesses to be deposed and the dates for the depositions of those witnesses. So ordered. (Signed by Judge Lorna G. Schofield on 8/25/2021) (tg)
August 25, 2021 Opinion or Order Filing 42 ORDER terminating #37 Letter Motion for Local Rule 37.2 Conference. The parties shall submit the Proposed Order by August 27, 2021, and include the following: Plaintiff may designate Plaintiff's personal documents or information located on NYU computers, networks, and/or communication systems as 'Confidential' or 'Confidential Attorneys Eyes Only.'" If the parties dispute the treatment sought as to any particular document, they may submit their dispute to the Court. Defendants are advised that the policy they cite does not appear to forbid personal use of NYU computers and that the policy suggests NYU protects the sensitive data of employees. So Ordered. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 37.. (Signed by Judge Lorna G. Schofield on 8/25/2021) (cf)
August 24, 2021 Opinion or Order Filing 41 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated August 24, 2021 re: #37 LETTER MOTION for Local Rule 37.2 Conference regarding Proposed Stipulated Confidentiality Order addressed to Judge Lorna G. Schofield dated 8/18/2021. Cross-Motion for Attorneys' Fees pursuant to Fed. R. Civ. P. 37. Document filed by Sari Edelman..(Kataev, Emanuel)
August 24, 2021 Opinion or Order Filing 40 ORDER granting #39 Letter Motion for Extension of Time to File Response/Reply re #39 LETTER MOTION for Extension of Time to File Response/Reply as to #37 LETTER MOTION for Local Rule 37.2 Conference regarding Proposed Stipulated Confidentiality Order addressed to Judge Lorna G. Schofield dated 8/18/2021. and Joint. Plaintiff's application is untimely, but nevertheless is GRANTED. Plaintiff shall file the response by August 24, 2021. No further extensions will be granted. Responses due by 8/24/2021 (Signed by Judge Lorna G. Schofield on 8/24/2021) (tg)
August 23, 2021 Opinion or Order Filing 39 LETTER MOTION for Extension of Time to File Response/Reply as to #37 LETTER MOTION for Local Rule 37.2 Conference regarding Proposed Stipulated Confidentiality Order addressed to Judge Lorna G. Schofield dated 8/18/2021. and Joint Letter addressed to Judge Lorna G. Schofield from Richard L. Steer dated August 23, 2021. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology..(Steer, Richard)
August 19, 2021 Opinion or Order Filing 38 MEMO ENDORSEMENT on re: #37 LETTER MOTION for Local Rule 37.2 Conference regarding Proposed Stipulated Confidentiality Order addressed to Judge Lorna G. Schofield dated 8/18/2021. filed by NYU Grossman School of Medicine, Joseph Antonik, NYU Langone Nassau Rheumatology, NYU School of Medicine, NYU Langone Health System, Joshua Swirnow, NYU Langone Medical Center, David Kaplan, NYU Langone Hospitals, Andrew T. Rubin, NYU Hospitals Center. ENDORSEMENT: Plaintiff shall submit a response to Defendants' letter by August 23, 2021. So Ordered. ( Responses due by 8/23/2021) (Signed by Judge Lorna G. Schofield on 8/19/2021) (cf)
August 18, 2021 Opinion or Order Filing 37 LETTER MOTION for Local Rule 37.2 Conference regarding Proposed Stipulated Confidentiality Order addressed to Judge Lorna G. Schofield dated 8/18/2021. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
August 13, 2021 Opinion or Order Filing 36 MEMO ENDORSEMENT on re: #35 Letter, filed by NYU Grossman School of Medicine, Joseph Antonik, NYU Langone Nassau Rheumatology, NYU School of Medicine, NYU Langone Health System, Joshua Swirnow, NYU Langone Medical Center, David Kaplan, NYU Langone Hospitals, Andrew T. Rubin, NYU Hospitals Center. ENDORSEMENT: By August 23, 2021, the parties shall file a letter specifying the names and roles of any witnesses to be deposed and the dates for the depositions of those witnesses. So Ordered. (Signed by Judge Lorna G. Schofield on 8/13/2021) (vfr)
August 12, 2021 Opinion or Order Filing 35 JOINT LETTER addressed to Judge Lorna G. Schofield dated 8/12/2021 re: Case status. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
August 10, 2021 Opinion or Order Filing 34 NOTICE OF APPEARANCE by Ingrid Julieth Cardona on behalf of Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Cardona, Ingrid)
July 15, 2021 Opinion or Order Filing 33 MEMO ENDORSEMENT granting #29 Letter Motion for Extension of Time to Complete Discovery; #32 SUPPLEMENTAL LETTER addressed to Judge Lorna G. Schofield dated 7/13/2021. ENDORSEMENT: The parties' request for an extension of the time to complete discovery is GRANTED. The parties shall complete all fact discovery by September 30, 2021, and shall complete all expert discovery by November 12, 2021. Defendants shall make a rolling production of documents that begins before August 2, 2021. By August 14, 2021, the parties shall file a status letter that names witnesses to be deposed and includes dates for each deposition. No further extensions will be granted absent extraordinary circumstances. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 29. (Signed by Judge Lorna G. Schofield on 7/15/2021) (cf)
July 15, 2021 Opinion or Order Filing 32 FIRST AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). All fact discovery shall be completed no later than 9/30/2021. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than 11/12/2021. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3-5 days. On 12/2/2021 at 10:50 A.M. a pre-motion conference will be held for any anticipated dispositive motions, as further set forth in this Order Fact Discovery due by 9/30/2021. Expert Discovery due by 11/12/2021. Pre-Motion Conference set for 12/2/2021 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/14/2021) (cf)
July 13, 2021 Opinion or Order Filing 31 SUPPLEMENTAL LETTER addressed to Judge Lorna G. Schofield dated 7/13/2021 Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
July 9, 2021 Opinion or Order Filing 30 MEMO ENDORSEMENT on re: #29 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Lorna G. Schofield dated 7/8/2021. filed by NYU Grossman School of Medicine, Joseph Antonik, NYU Langone Nassau Rheumatology, NYU School of Medicine, NYU Langone Health System, Joshua Swirnow, NYU Langone Medical Center, David Kaplan, NYU Langone Hospitals, Andrew T. Rubin, NYU Hospitals Center. ENDORSEMENT: By July 14, 2021, the parties shall submit a supplemental letter apprising the court of (i) the nature of the delay and scope of remaining discovery, (ii) the date by which parties intend to produce responsive documents currently in their possession, (iii) the number of responsive documents currently in their possession that have not been produced, (iv) the names and roles of any witnesses to be deposed, (v) dates for the depositions of those witnesses and (vi) any interim discovery deadlines the parties have set, such as deadlines for interrogatories or requests to admit. (Signed by Judge Lorna G. Schofield on 7/9/2021) (cf)
July 8, 2021 Opinion or Order Filing 29 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Lorna G. Schofield dated 7/8/2021. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
June 14, 2021 Opinion or Order Filing 28 MEMO ENDORSEMENT terminating #23 Letter Motion for Local Rule 37.2 Conference; #27 JOINT LETTER addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated June 11, 2021. ENDORSEMENT: The parties' request to cancel the June 17, 2021, conference as unnecessary is GRANTED. The conference is canceled. The Clerk of Court is respectfully directed to terminate the motion at Dkt. No. 23. (Signed by Judge Lorna G. Schofield on 6/14/2021) (cf)
June 11, 2021 Opinion or Order Filing 27 JOINT LETTER addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated June 11, 2021 re: this Courts Order dated June 1, 2021. Document filed by Sari Edelman..(Kataev, Emanuel)
June 1, 2021 Opinion or Order Filing 26 ORDER: It is hereby ORDERED that Plaintiff and Defendants shall meet and confer telephonically or in person for no less than one hour and make a good faith effort to resolve the pending discovery dispute. The Court will hold a conference on June 17, 2021, at 10:50 a.m., which the Court hopes will be cancelled as unnecessary. (As further set forth in this Order.) ( Status Conference set for 6/17/2021 at 10:50 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/1/2021) (cf)
May 28, 2021 Opinion or Order Filing 25 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Richard L. Steer dated 5/25/2021 re: #23 LETTER MOTION for Local Rule 37.2 Conference pursuant to this Court's Order dated May 20, 2021 (Docket Entry 22) addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated May 24, 2021. . Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
May 28, 2021 Opinion or Order Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #25) - LETTER MOTION for Local Rule 37.2 Conference Defendants' Opposition to Plaintiff's Letter Motion addressed to Judge Lorna G. Schofield from Richard L. Steer dated 5/28/2021. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard) Modified on 5/28/2021 (ldi).
May 24, 2021 Opinion or Order Filing 23 LETTER MOTION for Local Rule 37.2 Conference pursuant to this Court's Order dated May 20, 2021 (Docket Entry 22) addressed to Judge Lorna G. Schofield from Emanuel Kataev, Esq. dated May 24, 2021. Document filed by Sari Edelman..(Kataev, Emanuel)
May 20, 2021 Opinion or Order Filing 22 ORDER denying without prejudice #21 Letter Motion for Discovery. Plaintiff's motion for discovery is denied without prejudice for failure to comply with Individual Rule III(C)(3). If Plaintiff seeks to renew her request, she shall file a letter motion for a pre-motion discovery conference after conferring with Defendant in person or by telephone and otherwise complying with Rule III(C)(3). Plaintiff shall file a letter by May 24, 2021. Defendant shall file a response as described in the same rule by May 28, 2021. So Ordered. (Signed by Judge Lorna G. Schofield on 5/28/2021) (js)
May 20, 2021 Opinion or Order Set/Reset Deadlines: Motions due by 5/24/2021. Responses due by 5/28/2021 (js)
May 19, 2021 Opinion or Order Filing 21 LETTER MOTION for Discovery Plaintiff's Letter Motion and Joint Status Letter addressed to Judge Lorna G. Schofield from Emanuel Kataev and Richard L. Steer dated 5/19/2021. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
March 22, 2021 Opinion or Order Filing 20 ANSWER to #1 Complaint,. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
March 16, 2021 Opinion or Order Filing 19 ORDER granting in part denying in part #16 Letter Motion for Extension of Time to Answer re #16 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Lorna G. Schofield from Richard L. Steer dated 3/15/2021. This application is untimely but GRANTED in part. Defendants' deadline to answer or otherwise respond to the Complaint is extended to March 23, 2021. No further extensions absent compelling circumstances. Joseph Antonik answer due 3/23/2021; David Kaplan answer due 3/23/2021; NYU Grossman School of Medicine answer due 3/23/2021; NYU Hospitals Center answer due 3/23/2021; NYU Langone Health System answer due 3/23/2021; NYU Langone Hospitals answer due 3/23/2021; NYU Langone Medical Center answer due 3/23/2021; NYU Langone Nassau Rheumatology answer due 3/23/2021; NYU School of Medicine answer due 3/23/2021; Andrew T. Rubin answer due 3/23/2021; Joshua Swirnow answer due 3/23/2021. (Signed by Judge Lorna G. Schofield on 3/16/2021) (cf) Modified on 3/16/2021 (cf).
March 15, 2021 Opinion or Order Filing 18 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). No additional parties may be joined after or Amended Pleadings may be filed until 4/16/2021. All fact discovery shall be completed no later than 7/16/2021. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than 8/30/2021. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3-5 days. On 9/16/2021 at 10:50 A.M. a pre-motion conference will be held for any anticipated dispositive motions, as further set forth in this Order. Amended Pleadings due by 4/16/2021. Joinder of Parties due by 4/16/2021. Fact Discovery due by 7/16/2021. Expert Discovery due by 8/30/2021. Pre-Motion Conference set for 9/16/2021 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/15/2021) (cf)
March 15, 2021 Opinion or Order Filing 17 ORDER: It is hereby ORDERED that the March 18, 2021, initial pretrial conference is CANCELLED. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/15/2021) (cf)
March 15, 2021 Opinion or Order Filing 16 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Lorna G. Schofield from Richard L. Steer dated 3/15/2021. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
March 11, 2021 Opinion or Order Filing 15 LETTER addressed to Judge Lorna G. Schofield from Emanuel Kataev and Richard L. Steer dated 03/11/2021 re: Joint Letter and Civil Case Management Plan and Scheduling Order. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
February 25, 2021 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Richard Lane Steer on behalf of Andrew T. Rubin, Joshua Swirnow..(Steer, Richard)
February 25, 2021 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Tara Toevs Carolan on behalf of Andrew T. Rubin, Joshua Swirnow..(Carolan, Tara)
February 16, 2021 Opinion or Order Filing 12 ORDER granting #10 Letter Motion for Extension of Time to Answer. This application is untimely but nevertheless GRANTED. Defendants' deadline to answer or otherwise respond is extended to March 16, 2021. The initial pretrial conference scheduled for March 11, 2021, at 10:50 a.m. is adjourned to March 18, 2021, at 10:50 a.m. The parties' joint conference materials will be due at least seven days before the conference, or by March 11, 2021. NYU Grossman School of Medicine answer due 3/16/2021; NYU Hospitals Center answer due 3/16/2021; NYU Langone Health System answer due 3/16/2021; NYU Langone Hospitals answer due 3/16/2021; NYU Langone Medical Center answer due 3/16/2021; NYU Langone Nassau Rheumatology answer due 3/16/2021; NYU School of Medicine answer due 3/16/2021. (Signed by Judge Lorna G. Schofield on 2/16/2021) (cf)
February 16, 2021 Opinion or Order Set/Reset Hearings: Initial Conference set for 3/18/2021 at 10:50 AM before Judge Lorna G. Schofield. (cf)
February 15, 2021 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Tara Toevs Carolan on behalf of Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine..(Carolan, Tara)
February 15, 2021 Opinion or Order Filing 10 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, and Adjournment of Initial Conference addressed to Judge Lorna G. Schofield from Richard L. Steer dated February 15, 2021. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine..(Steer, Richard)
February 15, 2021 Opinion or Order Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine..(Steer, Richard)
February 15, 2021 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Richard Lane Steer on behalf of Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine..(Steer, Richard)
January 27, 2021 Opinion or Order Filing 7 SUMMONS RETURNED EXECUTED. Joseph Antonik served on 1/26/2021, answer due 2/16/2021; David Kaplan served on 1/26/2021, answer due 2/16/2021; NYU Grossman School of Medicine served on 1/26/2021, answer due 2/16/2021; NYU Hospitals Center served on 1/26/2021, answer due 2/16/2021; NYU Langone Health System served on 1/26/2021, answer due 2/16/2021; NYU Langone Hospitals served on 1/26/2021, answer due 2/16/2021; NYU Langone Medical Center served on 1/26/2021, answer due 2/16/2021; NYU Langone Nassau Rheumatology served on 1/26/2021, answer due 2/16/2021; NYU School of Medicine served on 1/26/2021, answer due 2/16/2021; Andrew T. Rubin served on 1/26/2021, answer due 2/16/2021; Joshua Swirnow served on 1/26/2021, answer due 2/16/2021. Service was accepted by Laura Rossignuolo. Document filed by Sari Edelman..(Kataev, Emanuel)
January 26, 2021 Opinion or Order Filing 6 ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a conference will be held at March 11, 2021 at 10:50 a.m. (As further set forth in this Order.) Initial Conference set for 3/11/2021 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/26/2021) (cf)
January 21, 2021 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow..(pc)
January 21, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Emanuel Kataev. The following case opening statistical information was erroneously selected/entered: Cause of Action code blank; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331; the County code has been modified to Nassau;. (pc)
January 21, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(pc)
January 21, 2021 Opinion or Order Case Designated ECF. (pc)
January 21, 2021 Opinion or Order Magistrate Judge Gabriel W. Gorenstein 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. (pc)
January 20, 2021 Opinion or Order Filing 4 NOTICE OF APPEARANCE by Joseph Martin Labuda on behalf of Sari Edelman..(Labuda, Joseph)
January 20, 2021 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, NYU Grossman School of Medicine, NYU Hospitals Center, Andrew T. Rubin, David Kaplan, Joseph Antonik, and Joshua Swirnow, re: #1 Complaint,. Document filed by Sari Edelman..(Kataev, Emanuel)
January 20, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Kataev, Emanuel)
January 20, 2021 Opinion or Order Filing 1 COMPLAINT against Joseph Antonik, David Kaplan, NYU Grossman School of Medicine, NYU Hospitals Center, NYU Langone Health System, NYU Langone Hospitals, NYU Langone Medical Center, NYU Langone Nassau Rheumatology, NYU School of Medicine, Andrew T. Rubin, Joshua Swirnow. (Filing Fee $ 402.00, Receipt Number ANYSDC-23603365)Document filed by Sari Edelman..(Kataev, Emanuel)

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Search for this case: Edelman v. NYU Langone Health System et al
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Defendant: NYU School of Medicine
Represented By: Richard Lane Steer
Represented By: Tara Toevs Carolan
Represented By: Ingrid Julieth Cardona
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Defendant: Andrew T. Rubin
Represented By: Richard Lane Steer
Represented By: Tara Toevs Carolan
Represented By: Ingrid Julieth Cardona
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Defendant: NYU Langone Health System
Represented By: Richard Lane Steer
Represented By: Tara Toevs Carolan
Represented By: Ingrid Julieth Cardona
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Defendant: NYU Grossman School of Medicine
Represented By: Richard Lane Steer
Represented By: Tara Toevs Carolan
Represented By: Ingrid Julieth Cardona
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Defendant: Joseph Antonik
Represented By: Richard Lane Steer
Represented By: Tara Toevs Carolan
Represented By: Ingrid Julieth Cardona
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Defendant: Joshua Swirnow
Represented By: Richard Lane Steer
Represented By: Tara Toevs Carolan
Represented By: Ingrid Julieth Cardona
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Defendant: NYU Langone Nassau Rheumatology
Represented By: Richard Lane Steer
Represented By: Tara Toevs Carolan
Represented By: Ingrid Julieth Cardona
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Defendant: NYU Langone Medical Center
Represented By: Richard Lane Steer
Represented By: Tara Toevs Carolan
Represented By: Ingrid Julieth Cardona
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Defendant: NYU Hospitals Center
Represented By: Richard Lane Steer
Represented By: Tara Toevs Carolan
Represented By: Ingrid Julieth Cardona
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Defendant: David Kaplan
Represented By: Richard Lane Steer
Represented By: Tara Toevs Carolan
Represented By: Ingrid Julieth Cardona
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Defendant: NYU Langone Hospitals
Represented By: Richard Lane Steer
Represented By: Tara Toevs Carolan
Represented By: Ingrid Julieth Cardona
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Plaintiff: Sari Edelman
Represented By: Joseph Martin Labuda
Represented By: Emanuel Kataev
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Plaintiff: Dr. Sari Edelman
Represented By: Joseph Martin Labuda
Represented By: Emanuel Kataev
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