Doe et al v. New York Fertility Institute et al
| Jane Doe and John Doe |
| New York Fertility Institute, Khalid Sultan, Majid Fateh, Michael Femi Obasaju and Does 1 through 10, inclusive |
| 1:2022cv02442 |
| March 25, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
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Filing 29
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). 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). Amended Pleadings due by 8/19/2022. Joinder of Parties due by 8/19/2022. Deposition due by 1/6/2023. All Fact Discovery due by 11/15/2022. All Expert Discovery due by 1/6/2023. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by November 15, 2022. 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 10 days. A Pre-Motion Conference set for 1/25/2023 at 04:20 PM before Judge Lorna G. Schofield. To join the conference, the parties shall call (888) 363-4749 and use Access Code: 558-3333. And as set forth herein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 5/18/2022) (ama)
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Filing 28
ORDER: It is hereby ORDERED that the May 25, 2022, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant(s) seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. And as set forth herein. (Signed by Judge Lorna G. Schofield on 5/18/2022) (ama)
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| Filing 27 NOTICE OF APPEARANCE by William P. Brady on behalf of Majid Fateh, New York Fertility Institute, Michael Femi Obasaju, Khalid Sultan..(Brady, William) |
| Filing 26 LETTER addressed to Judge Lorna G. Schofield from Jason Kane dated May 17, 2022 re: Joint Proposed Civil Case Management Plan and Scheduling Order. Document filed by Jane Doe, John Doe. (Attachments: #1 Text of Proposed Order Joint Proposed Civil Case Management Plan and Scheduling Order).(Kane, Jason) |
| Filing 25 NOTICE OF APPEARANCE by Gregory John Radomisli on behalf of Majid Fateh, New York Fertility Institute, Michael Femi Obasaju, Khalid Sultan..(Radomisli, Gregory) |
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Filing 24
ORDER granting in part and denying in part #23 Letter Motion to Continue.Application GRANTED in part and DENIED in part. Defendants' deadlines to answer, move or otherwise respond to the Complaint, and to respond to Plaintiffs' motion to proceed pseudonymously, are extended to August 8, 2022. The request to extend the deadline for the parties' joint letter and proposed civil case management plan and scheduling order is DENIED. To the extent the parties request an adjournment of the initial pretrial conference, that request is also DENIED. However, the parties may account for the scheduled mediation in proposing deadlines for discovery and other matters that deviate from those set forth in the Court's standard order. Plaintiffs are directed to serve a copy of this Order on Defendants. Defendants' counsel is directed to enter an appearance via ECF by May 18, 2022. (Signed by Judge Lorna G. Schofield on 5/16/2022) (rro)
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| Set/Reset Deadlines: Majid Fateh answer due 8/8/2022; New York Fertility Institute answer due 8/8/2022; Michael Femi Obasaju answer due 8/8/2022; Khalid Sultan answer due 8/8/2022. (rro) |
| Filing 23 LETTER MOTION to Continue Presently Scheduled Dates addressed to Judge Lorna G. Schofield from Jason Kane dated May 13, 2022. Document filed by Jane Doe, John Doe..(Kane, Jason) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Tracey Berger Cowan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26133887. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 22 MOTION for Tracey Berger Cowan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26133887. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jane Doe, John Doe. (Attachments: #1 Affidavit of Tracey B. Cowan, #2 Exhibit A: Certificate of Standing, #3 Text of Proposed Order Proposed Order).(Cowan, Tracey) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Adam Brett Wolf to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 21 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 Jane Doe, John Doe. (Attachments: #1 Affidavit of Adam B. Wolf, #2 Exhibit A: Certificate of Standing, #3 Text of Proposed Order Proposed Order).(Wolf, Adam) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #20 MOTION for Adam B. Wolf to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26031487. 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 CA;. 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) |
| Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for Adam B. Wolf to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26031487. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jane Doe, John Doe. (Attachments: #1 Affidavit of Adam B. Wolf, #2 Certificate of Standing, #3 Proposed Order, #4 Certificate of Service).(Wolf, Adam) Modified on 4/20/2022 (vba). |
| Filing 19 NOTICE of Certificate of Service re: #18 Scheduling Order,,,, Set Deadlines,,,. Document filed by Jane Doe, John Doe..(Kane, Jason) |
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Filing 18
ORDER: It is hereby ORDERED that Defendants shall answer, move or otherwise respond to the Complaint by May 16, 2022. It is further ORDERED that Defendants shall file their response, if any, to Plaintiffs' motion to proceed pseudonymously by May 16, 2022, and Plaintiffs shall file a reply, if any, by May 20, 2022. It is further ORDERED that Plaintiffs shall serve a copy of this Order on Defendants, together with a copy of Plaintiffs motion to proceed pseudonymously and its supporting papers, and file proof of service by April 20, 2022. Does 1 through 10, inclusive answer due 5/16/2022; Majid Fateh answer due 5/16/2022; New York Fertility Institute answer due 5/16/2022; Michael Femi Obasaju answer due 5/16/2022; Khalid Sultan answer due 5/16/2022. (Responses due by 5/16/2022, Replies due by 5/20/2022.) (Signed by Judge Lorna G. Schofield on 4/18/2022) (mml)
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| Filing 17 NOTICE of CERTIFICATE OF SERVICE re: #15 Order for Initial Pretrial Conference,,,. Document filed by Jane Doe, John Doe..(Kane, Jason) |
| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. Majid Fateh waiver sent on 3/30/2022, answer due 5/31/2022; New York Fertility Institute waiver sent on 3/30/2022, answer due 5/31/2022; Michael Femi Obasaju waiver sent on 3/30/2022, answer due 5/31/2022; Khalid Sultan waiver sent on 3/30/2022, answer due 5/31/2022. Document filed by Jane Doe; John Doe..(Kane, Jason) |
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Filing 15
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on May 25, 2022 at 4:20 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth herein. Initial Conference set for 5/25/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/11/2022) (mml) Modified on 4/14/2022 (mml).
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| Filing 14 ELECTRONIC SUMMONS ISSUED as to Khalid Sultan. (sj) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Michael Femi Obasaju. (sj) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Majid Fateh..(sj) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to New York Fertility Institute. (sj) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Khalid Sultan, re: #5 Complaint. Document filed by Jane Doe, John Doe..(Kane, Jason) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Femi Obasaju, re: #5 Complaint. Document filed by Jane Doe, John Doe..(Kane, Jason) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Majid Fateh, re: #5 Complaint. Document filed by Jane Doe, John Doe..(Kane, Jason) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to New York Fertility Institute, re: #5 Complaint. Document filed by Jane Doe, John Doe..(Kane, Jason) |
| Filing 6 CIVIL COVER SHEET filed..(Kane, Jason) |
| Filing 5 COMPLAINT against Majid Fateh, New York Fertility Institute, Michael Femi Obasaju, Khalid Sultan, Does 1 through 10, inclusive. Document filed by Jane Doe, John Doe. (Attachments: #1 Exhibit A, #2 Exhibit B).(Kane, Jason) |
| Filing 4 NOTICE of Errata re Complaint Exhibit re: #1 Complaint. Document filed by Jane Doe, John Doe. (Attachments: #1 Exhibit A, #2 Exhibit B).(Kane, Jason) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jason Kane to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; Multiple citizenship for the defendant were selected. Choose one for the first listed defendant;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
| ***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: Citizenship Defendant code 1 (Citizen of This State); Arbitration code e (Exempt); County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Arbitration code has been deleted; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jason Kane re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***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 All Defendant radio button was 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. (pc) |
| Case Designated ECF. (pc) |
| ***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 PDF attached to the docket entry for the issuance of summons is not correct; File each summons separately or create a rider listing every party;. 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. (pc) |
| 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. (pc) |
| 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) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York Fertility Institute, Khalid Sultan, Majid Fateh, Michael Femi Obasaju, re: #1 Complaint. Document filed by Jane Doe, John Doe. (Attachments: #1 Summons for NYFI, #2 Summons for Obasaju, #3 Summons for Sultan).(Kane, Jason) Modified on 3/28/2022 (pc). |
| Filing 2 FIRST MOTION for Leave to File Notice of Motion Requesting leave for Plaintiffs to Proceed Pseudonymously . Document filed by Jane Doe, John Doe. (Attachments: #1 Memorandum of Law in Support of Plaintiffs' Motion Requesting Leave for Plaintiffs to Proceed Pseudonymously).(Kane, Jason) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-25916020)Document filed by Jane Doe, John Doe. (Attachments: #1 Civil Cover Sheet).(Kane, Jason) Modified on 3/28/2022 (pc). |
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