Voss v. Greenberg
Plaintiff: Bianca Voss
Defendant: Dr. Martin Greenberg and Martin Greenberg, M.D.
Case Number: 1:2021cv04657
Filed: May 25, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Robert W Lehrburger
Referring Judge: Gregory H Woods
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 pi Diversity-Personal Injury
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2021 Filing 38 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Martin Greenberg, M.D.. Document filed by Bianca Voss. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Wolf, Adam)
September 21, 2021 Opinion or Order Filing 37 ORDER: By letter dated September 21, 2021, the parties have informed the Court that this case has settled. Accordingly, it is hereby ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is further directed to terminate all pending motions, adjourn all remaining dates, and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/21/2021) (rro)
September 21, 2021 Opinion or Order Filing 36 MEMO ENDORSEMENT on re: #35 Letter filed by Bianca Voss. ENDORSEMENT: The Court applauds the parties for resolving this matter. All pending deadlines and dates are adjourned sine die. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/21/2021) (mml)
September 21, 2021 Filing 35 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Adam B. Wolf and Barry Postman dated September 21, 2021 re: Letter advising of settlement in principle and request to vacate deadlines. Document filed by Bianca Voss..(Wolf, Adam)
September 20, 2021 Opinion or Order Filing 34 ORDER granting #33 Motion for Ashlie Case Sletvold to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
September 16, 2021 Filing 33 MOTION for Ashlie Case Sletvold to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25071118. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bianca Voss. (Attachments: #1 Affidavit of Ashlie Case Sletvold, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Text of Proposed Order).(Sletvold, Ashlie)
September 16, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Ashlie Case Sletvold to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25071118. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 8, 2021 Opinion or Order Filing 32 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Amended Pleadings due by 10/8/2021. Joinder of Parties due by 10/8/2021. Deposition due by 1/6/2022. Fact Discovery due by 1/6/2022. Expert Discovery due by 2/21/2022. All parties do not consent to a trial before a Magistrate Judge at this time. The case is to be tried to a jury. The parties anticipate that the trial of this case will require 5 days. (Signed by Magistrate Judge Robert W. Lehrburger on 9/8/2021) (mml)
September 8, 2021 Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Pretrial Conference held on 9/8/2021 at 9:30 a.m. (rsh)
September 7, 2021 Filing 31 RESPONSE in Opposition to Motion re: #16 FIRST MOTION to Dismiss . . Document filed by Bianca Voss..(Wolf, Adam)
September 7, 2021 Filing 30 FIRST AMENDED COMPLAINT amending #4 Complaint against Martin Greenberg, M.D. with JURY DEMAND.Document filed by Bianca Voss. Related document: #4 Complaint..(Wolf, Adam)
August 27, 2021 Filing 29 PROPOSED CASE MANAGEMENT PLAN. Document filed by Martin Greenberg, M.D...(Goldstein, Jeremy)
August 25, 2021 Opinion or Order Filing 28 ORDER granting #27 LETTER MOTION for Leave to File Amended Complaint. Plaintiff may file an amended complaint by September 7, 2021. Plaintiff's response to Defendant's motion to dismiss, currently due September 7, 2021, must identify in what respects the amended complaint obviates any issues raised by the motion to dismiss. Plaintiff shall then meet and confer with Defendant to determine where there is agreement. Defendant's reply shall then identify all issues that the parties agree have been mooted by the amended complaint. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/25/2021) (jca)
August 25, 2021 Filing 27 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Robert W. Lehrburger from Adam B. Wolf dated 8/25/2021. Document filed by Bianca Voss..(Wolf, Adam)
August 25, 2021 Set/Reset Deadlines: Amended Pleadings due by 9/7/2021. (jca)
August 17, 2021 Opinion or Order Filing 26 ORDER granting #25 SECOND LETTER MOTION for Extension of Time to File Response/Reply as to #16 FIRST MOTION to Dismiss addressed to Magistrate Judge Robert W. Lehrburger from Adam Wolf dated August 16, 2021. SO ORDERED. Responses due by 9/7/2021. (Signed by Magistrate Judge Robert W. Lehrburger on 8/17/2021) (mml)
August 16, 2021 Filing 25 SECOND LETTER MOTION for Extension of Time to File Response/Reply as to #16 FIRST MOTION to Dismiss . addressed to Magistrate Judge Robert W. Lehrburger from Adam Wolf dated August 16, 2021. Document filed by Bianca Voss..(Wolf, Adam)
August 5, 2021 Opinion or Order Filing 24 ORDER granting #23 LETTER MOTION for Extension of Time to File Response/Reply as to #16 FIRST MOTION to Dismiss addressed to Magistrate Judge Robert W. Lehrburger from Adam B. Wolf dated 08/05/2021. SO ORDERED. Responses due by 8/23/2021. (Signed by Magistrate Judge Robert W. Lehrburger on 8/5/2021) (mml)
August 5, 2021 Filing 23 LETTER MOTION for Extension of Time to File Response/Reply as to #16 FIRST MOTION to Dismiss . addressed to Magistrate Judge Robert W. Lehrburger from Adam B. Wolf dated 08/05/2021. Document filed by Bianca Voss..(Wolf, Adam)
August 5, 2021 Opinion or Order Filing 22 ORDER denying #21 . The parties' motion for an extension of time for Plaintiff to respond to Defendant's Motion to Dismiss, Dkt. No. 21, is denied without prejudice. Pursuant to the Court's order of reference, Dkt. No. 6, all motions are referred to the magistrate judge. The Court notes that the motion to dismiss, Dkt. No. 16, would have been filed in violation of Rule 2(C) of the Court's Individual Rule of Practice in Civil Cases had it not been referred to the magistrate judge because Defendant did not file a pre-motion letter prior to filing his motion to dismiss. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
August 4, 2021 Filing 21 JOINT MOTION for Extension of Time to File Response/Reply as to #16 FIRST MOTION to Dismiss . . Document filed by Bianca Voss. (Attachments: #1 Text of Proposed Order).(Wolf, Adam)
July 28, 2021 Opinion or Order Filing 20 ORDER granting #19 Letter Motion to Adjourn Conference. Initial Pretrial Conference set for 9/8/2021 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference number at (888)-398-2342, and enter access code 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at http://nysd.uscourts.gov/judge/Lehrburger. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (rsh)
July 27, 2021 Filing 19 JOINT LETTER MOTION to Adjourn Conference to Reschedule Initial Pretrial Conference addressed to Magistrate Judge Robert W. Lehrburger from Jeremy F. Goldstein, Esq. dated 7/27/2021. Document filed by Martin Greenberg, M.D.. (Attachments: #1 Text of Proposed Order).(Goldstein, Jeremy)
July 27, 2021 Filing 18 PROPOSED CASE MANAGEMENT PLAN. Document filed by Martin Greenberg, M.D...(Goldstein, Jeremy)
July 27, 2021 Filing 17 NOTICE of Hearing: Initial Pretrial Conference set for 8/12/2021 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference number at (888)-398-2342, and enter access code 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at http://nysd.uscourts.gov/judge/Lehrburger.(rsh)
July 26, 2021 Filing 16 FIRST MOTION to Dismiss . Document filed by Martin Greenberg, M.D.. (Attachments: #1 Exhibit Memorandum of Law in Support of Defendant's Motion to Dismiss, #2 Exhibit Declaration of Barry Postman).(Postman, Barry)
June 28, 2021 Opinion or Order Filing 15 ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #12 Motion for Adam Wolf to Appear Pro Hac Vice. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/28/2021) (vfr)
June 28, 2021 Opinion or Order Filing 14 ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Jeremy F. Goldstein to Appear Pro Hac Vice. (Signed by Magistrate Judge Robert W. Lehrburger on 6/28/2021) (vfr)
June 28, 2021 Opinion or Order Filing 13 ORDER GRANTING JOINT MOTION FOR AN EXTENSION OF TIME FOR DEFENDANT TO RESPOND TO PLAINTIFF'S COMPLAINT granting #11 Motion for Extension of Time to Answer re #11 JOINT MOTION for Extension of Time to File Answer or other Response to Plaintiff's Complaint. SO ORDERED. Martin Greenberg, M.D. answer due 7/26/2021. (Signed by Magistrate Judge Robert W. Lehrburger on 6/28/2021) (vfr)
June 25, 2021 Filing 12 MOTION for Adam Brett Wolf to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bianca Voss. (Attachments: #1 Affidavit of Adam Wolf in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A: Certificate of Standing, #3 Text of Proposed Order).(Wolf, Adam)
June 25, 2021 Filing 11 JOINT MOTION for Extension of Time to File Answer or other Response to Plaintiff's Complaint. Document filed by Martin Greenberg, M.D.. (Attachments: #1 Exhibit Proposed Order).(Postman, Barry)
June 24, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Jeremy Franklin Goldstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24712235. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
June 23, 2021 Filing 10 MOTION for Jeremy Franklin Goldstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24712235. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Martin Greenberg, M.D.. (Attachments: #1 Affidavit of Jeremy F. Goldstein, #2 Proposed Order, #3 Certificate of Good Standing).(Goldstein, Jeremy)
June 15, 2021 Opinion or Order Filing 9 ORDER FOR ADMISSION PRO HAC VICE granting #7 Motion for Barry Adam Postman to Appear Pro Hac Vice. IT IS HEREBY ORDERED that the Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of the Court, including the Rules governing discipline of attorneys. (Signed by Magistrate Judge Robert W. Lehrburger on 6/15/2021) (mml)
June 15, 2021 Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Adam Brett Wolf to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24677017. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bianca Voss. (Attachments: #1 Affidavit of Adam Wolf in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A: Certificate of Standing, #3 Text of Proposed Order).(Wolf, Adam) Modified on 6/15/2021 (vba).
June 15, 2021 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Adam Brett Wolf to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24677017. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California; Affidavit Not Notarized;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba)
June 14, 2021 Filing 7 MOTION for Barry Adam Postman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24667364. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Martin Greenberg, M.D.. (Attachments: #1 Affidavit Affidavit of Barry A. Postman, #2 Text of Proposed Order Proposed Order, #3 Exhibit Certificate of Good Standing).(Postman, Barry)
June 14, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Barry Adam Postman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24667364. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
June 2, 2021 Opinion or Order Filing 6 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) Dispositive Motion (i.e., motion requiring a Report and Recommendation) All such motions. Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/2/21) (yv)
June 1, 2021 Magistrate Judge Robert W. Lehrburger is so redesignated. (wb)
June 1, 2021 NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Vincent L. Briccetti is no longer assigned to the case..(wb)
May 26, 2021 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Martin Greenberg, M.D., re: #4 Complaint. Document filed by Bianca Voss..(Kane, Jason)
May 26, 2021 Filing 4 COMPLAINT against Martin Greenberg, M.D.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24590428)Document filed by Bianca Voss..(Kane, Jason)
May 26, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jason Kane. The following case opening statistical information was erroneously selected/entered: Dollar Demand 1,000,000; County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: th Dollar Demand has been modified to 75,000; the County code has been modified to Greene; the Fee Status code has been modified to pd (paid). (vf)
May 26, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jason Kane to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)
May 26, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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..(vf)
May 26, 2021 Magistrate Judge Judith C. McCarthy 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. (vf)
May 26, 2021 Case Designated ECF. (vf)
May 26, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jason Kane to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form AO 440 (Rev 06/12) summons form; and defendant party name error listed on summons, does not match pleading caption. 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. (vf)
May 25, 2021 Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Dr. Martin Greenberg, re: #1 Complaint. Document filed by Bianca Voss..(Kane, Jason) Modified on 5/26/2021 (vf).
May 25, 2021 Filing 2 CIVIL COVER SHEET filed..(Kane, Jason)
May 25, 2021 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Bianca Voss. (Filing Fee $ 402.00, Receipt Number ANYSDC-24584262)Document filed by Bianca Voss..(Kane, Jason) Modified on 5/26/2021 (vf).

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Defendant: Dr. Martin Greenberg
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Defendant: Martin Greenberg, M.D.
Represented By: Barry A. Postman
Represented By: Jeremy Goldstein
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Plaintiff: Bianca Voss
Represented By: Jason Kane
Represented By: Adam Wolf
Represented By: Ashlie Case Sletvold
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