Torres et al v. New York University Hospital
| Maria Torres and Rosa Pena |
| New York University Hospital |
| 1:2021cv07228 |
| August 27, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ronnie Abrams |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on September 1, 2021. A more recent docket listing may be available from PACER.
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Filing 8
ORDER terminating #5 Motion for Reconsideration re #5 MOTION for Reconsideration re; #4 Order of Dismissal,,,. filed by Maria Torres. Accordingly, should Ms. Torres decide to pursue this action in this Court, she must do so through a licensed attorney. Should Plaintiff need assistance, she may wish to consult the New York Legal Assistance Group's legal clinic for pro se litigants, by visiting its website at nylag.org/pro-se-clinic/ or by calling (212) 659-6190. This clinic, which is neither part of nor run by the Court, assists pro se litigants with federal civil cases. Plaintiff has represented that Defendant New York University Hospital has not yet been served with a copy of the complaint. As discussed at today's proceeding, "the plaintiff [in a federal action] is responsible for having the summons and complaint served." Fed. R. Civ. P. 4(c) Service must comply with the requirements of Federal Rule of Civil Procedure 4. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff, and to terminate the item at docket number 5. In light of the time sensitive nature of this filing, the Court will also send a copy to Plaintiff via email. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/1/2021) (rj) Transmission to Docket Assistant Clerk for processing.
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| Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 9/1/2021. (Court Reporter Sam Mauro) (arc) |
| Mailed a copy of #7 Order on Motion for Reconsideration to Maria Torres at 1594 Metropolitan Ave., #4B, Bronx, NY 10462. (kh) |
| Mailed a copy of #8 Order on Motion for Reconsideration to Maria Torres at 1594 Metropolitan Ave., #4B, Bronx, NY 10462. (kh) |
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Filing 7
ORDER with respect to #5 Motion for Reconsideration re #5 MOTION for Reconsideration re; #4 Order of Dismissal,,,. filed by Maria Torres. The parties are hereby ORDERED to appear before this Court on September 1, 2021 at 12:30 p.m. to determine whether Plaintiff has standing to bring this action. The Court will hold this hearing by telephone. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order, the Complaint, and Summons upon Defendant by 10:00 a.m. on September 1, 2021. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. In light of the time sensitive nature of this filing, the Court will also send a copy to Plaintiff via email. SO ORDERED.. (Signed by Judge Ronnie Abrams on 8/31/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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| Filing 6 DECLARATION of Maria Torres in Support of re: #5 MOTION for Reconsideration re; #4 Order of Dismissal. Document filed by Maria Torres. (sc) |
| Filing 5 NOTICE OF MOTION, re: for Reconsideration re; #4 Order of Dismissal. Document filed by Maria Torres.(sc) |
| Set/Reset Hearings: Telephone Conference set for 9/1/2021 at 12:30 PM before Judge Ronnie Abrams. (kv) |
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Filing 4
ORDER: Accordingly, because Plaintiff may only represent herself pro se, she may not bring this action on behalf of her mother. The Court thus dismisses all claims that Plaintiff asserts on behalf of Ms. Pena without prejudice to refiling this action with the representation of counsel in this Court, or in state court. Should Plaintiff need assistance, she may wish to consult the New York Legal Assistance Group's legal clinic for pro se litigants, by visiting its website at nylag.org/pro-se-clinic/ or by calling (212) 659-6190. This clinic, which is neither part of nor run by the Court, assists pro se litigants with federal civil cases. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. In light of the time-sensitivity of this matter, the Court will also e-mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/30/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order of Dismissal to Maria Torres at 1594 Metropolitan Ave., #4B, Bronx, NY 10462. (kh) |
| SUMMONS ISSUED as to New York University Hospital on 8/27/21. (kh) |
| Filing 3 DECLARATION. Document filed by Maria Torres. (rdz) |
| Filing 2 MOTION for Emergency Hearing to Save Life of Rosa Pena. Document filed by Maria Torres.(rdz) Modified on 8/30/2021 (rdz). |
| Filing 1 COMPLAINT against New York University Hospital. (Filing Fee $ 402.00, Receipt Number 465401285169)Document filed by Maria Torres, Rosa Pena. (Attachments: #1 Receipt).(rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge James L. Cott 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. (rdz) |
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