McEachron-Howell v. New York Presbyterian Hospital
| Deon McEachron-Howell |
| New York Presbyterian Hospital |
| 1:2022cv07259 |
| August 25, 2022 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Gary Stein |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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| Minute Entry. A telephonic discovery-dispute conference was held on October 26, 2023 before Magistrate Judge Gary Stein. Appearances by pro se Plaintiff Deon McEachron-Howell and Amy Traub for Defendant. As set forth on the record, the Court approved the parties proposed method of addressing the dispute and proceeding with the deposition. (ta) |
Filing 33
ORDER: granting in part #32 Letter Motion for Extension of Time to Complete Discovery. The parties' request is granted in part. The deadline for fact depositions is extended to October 31, 2023. The deadline for fact discovery is extended to November 8, 2023. All other discovery deadlines, as set forth in Judge Broderick's August 3, 2023 Order, Dkt. No. 23, will remain in place. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 10/12/2023)(ama)
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| Set/Reset Deadlines: Deposition due by 10/31/2023. Fact Discovery due by 11/8/2023. (ama) |
| Filing 32 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Gary Stein from Matthew C. Berger dated October 11, 2023. Document filed by New York Presbyterian Hospital..(Berger, Matthew) |
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Filing 31
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Magistrate Judge Gary Stein on 10/10/2023) (tg)
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| Filing 30 PROPOSED PROTECTIVE ORDER. Document filed by New York Presbyterian Hospital..(Berger, Matthew) |
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Filing 29
MEMO ENDORSEMENT on re: #26 Letter, filed by Deon McEachron-Howell. ENDORSEMENT: As discussed during the conference call held with the Court on Oct. 4, 2023, Plaintiff has now agreed to sign the proposed Stipulated Confidentiality Agreement & Protective Order. Defendant is directed to promptly submit the executed Confidentiality Agreement & Protective Order for the Court's signature. The parties are further directed to promptly (i) inform the Court of the rescheduled date for Plaintiff's deposition and (ii) seek an extension of time to complete fact discovery. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 10/4/2023) (tg)
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| Minute Entry. A telephone conference was held on October 4, 2023 before Magistrate Judge Gary Stein. Appearances by Pro Se Plaintiff Deon McEachron-Howell and Amy Joy Traub for Defendant New York Presbyterian Hospital. (ta) |
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Filing 28
TELEPHONE CONFERENCE ORDER: This action is scheduled for a Telephone Conference on Wednesday, October 04, 2023 at 10:00 a.m., to discuss the parties' positions on the proposed Confidentiality Agreement, as setforth in their letters of September 29, 2023 and October 2, 2023. Counsel is directed to join the conference via Microsoft Teams at the scheduled time. Please dial (646) 453-4442, Access Code: 422 496 985#. SO ORDERED. ( Telephone Conference set for 10/4/2023 at 10:00 AM before Magistrate Judge Gary Stein.) (Signed by Magistrate Judge Gary Stein on 10/3/2023) (tg)
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Filing 27
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). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Vernon S. Broderick on 10/2/2023) (rro)
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| Filing 26 LETTER addressed to Judge Vernon S. Broderick from D. McEachron-Howell, re: REASON FOR MY REFUSAL TO SIGN CONFIDENTIALITY AGREEMENT & PROTECTIVE ORDER - I request that the Court consider the appropriateness of implementing a confidentiality statement in this discrimination case. This measure may inadvertently stifle the freedom of expression and information crucial in cases of this nature. Document filed by Deon McEachron-Howell.(sc) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Gary Stein, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Gabriel W. Gorenstein no longer referred to the case. (laq) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gary Stein. Please note that this is a reassignment of the designation only. (laq) |
| Filing 25 LETTER addressed to Judge Vernon S. Broderick from Matthew C. Berger dated September 29, 2023 re: Discovery Dispute. Document filed by New York Presbyterian Hospital. (Attachments: #1 Exhibit 1-Defendant's Request for Plaintiff's Portion for Joint Letter, #2 Exhibit 2-Plaintiff's Response to Request, #3 Exhibit 3-Stipulated Confidentiality Agreement and Protective Order).(Berger, Matthew) |
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Filing 23
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all farther proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The parties have engaged in settlement discussions. This case is to be tried to a jury. No additional parties may be joined after 30 days from the entry of this order absent a showing of good cause under Federal Rule of Civil Procedure 16. No additional causes of action or defenses may be asse1ied after 30 days from the entry of this order absent a showing of good cause under Federal Rule of Civil Procedure 16. Depositions shall be completed by October 1, 2023. The dial-in number is 888-363-4749 and the conference code is 2682448. Counsel for the parties propose the following alternative dispute resolution mechanism for this case: Defendant's preference: Referral to a Magistrate Judge for settlement discussions. Plaintiff's preference: Referral to the Southern District's Mediation Program. SO ORDERED. Expert Deposition due by 1/9/2024. Fact Discovery due by 10/9/2023. Expert Discovery due by 1/9/2024. Discovery due by 1/23/2024. Estimate length of trial 3 or more. Telephone Conference set for 2/6/2024 at 01:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 8/3/2023) (tg)
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| Filing 22 PROPOSED CASE MANAGEMENT PLAN. Document filed by New York Presbyterian Hospital..(Berger, Matthew) |
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. The deposition and fact discovery deadlines are hereby extended until October 1 and 9, 2023, respectively. The parties shall file an amended Case Management Plan and Scheduling Order on or before August 11, 2023. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 7/28/2023) (kv)
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| Set/Reset Deadlines: Deposition due by 10/1/2023. Fact Discovery due by 10/9/2023. (kv) |
| Filing 20 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vernon S. Broderick from Matthew C. Berger dated July 27, 2023. Document filed by New York Presbyterian Hospital..(Berger, Matthew) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 7/19/2023. Mediation Status due by 8/18/2023. (mnp) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 7/19/2023 at 10:00 AM in telephone or video conference.(sge) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/29/2023.(ah) |
| Filing 19 NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Deon McEachron-Howell. Mediator to be Assigned by 6/2/2023..(rdz) |
| Filing 18 JOINT LETTER addressed to Judge Vernon S. Broderick from Matthew C. Berger dated April 24, 2023 re: Clarification of the Parties' Selection in Paragraph 14 of the Proposed Case Management Plan. Document filed by New York Presbyterian Hospital..(Berger, Matthew) |
| Filing 17 LETTER addressed to Judge Vernon S. Broderick from D. McEachron-Howell, re: There was a misunderstanding with the scheduled document that was submitted, in the selection for the case to Referral to the Southern District's Mediation Program.[Note that all employment discrimination cases and cases brought under the Fair Labor Standards Act of 1938 are designated for automatic referral to the Court's Alternative Dispute Resolution Program of mediation etc.]. Document filed by Deon McEachron-Howell.(sc) |
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Filing 16
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, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Depositions shall be completed by August 1, 2023. The dial-in number is 888-363-4749 and the conference code is 2682448. The parties have conferred and their present best estimate of the length of trial is 3 days (Defendant)/more than 3 days (Plaintiff). The parties shall file a joint letter by April 24, 2023 clarifying whether or not they would like to be referred to a Magistrate Judge for settlement discussions or whether the selection in question 14 was meant to represent the previous referral to mediation. SO ORDERED. Deposition due by 11/10/2023. Fact Discovery due by 8/10/2023. Expert Discovery due by 11/10/2023. Discovery due by 11/24/2023. Telephone Conference set for 12/4/2023 at 02:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 4/17/2023) (kv)
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| Filing 15 PROPOSED CASE MANAGEMENT PLAN. Document filed by New York Presbyterian Hospital..(Berger, Matthew) |
| Filing 14 JOINT LETTER addressed to Judge Vernon S. Broderick from Matthew C. Berger dated April 12, 2023 re: Initial Conference Letter. Document filed by New York Presbyterian Hospital..(Berger, Matthew) |
| Mailed a copy of #13 Order for Initial Pretrial Conference, #12 Mediation Referral Order for Pro Se Employment Discrimination Cases to Deon McEachron-Howell at 47 Point Street, Apartment 2C, Yonkers, NY 10701. (kh) |
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Filing 13
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by April 12, 2023, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: and as set forth herein. The Clerk of Court is respectfully directed to mail Plaintiff a copy of this Order, as well as a copy of the Mediation Referral Order, (Doc. 12). SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/29/2023) (ama)
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Filing 12
MEDIATION REFERRAL ORDER FOR PRO SE EMPLOYMENT DISCRIMINATION CASES IT IS ORDERED that this pro se case is referred for mediation to the Court's Mediation Program. Local Civil Rule 83.9 and the Mediation Program Procedures shall govern the mediation. Unless otherwise ordered, the mediation will have no effect upon any scheduling order issued by this Court, and all parties are obligated to continue to litigate the case. IT IS FURTHER ORDERED that the Clerk of Court shall attempt to locate pro bono counsel to represent Plaintiff at the mediation. Pro bono counsel will contact Plaintiff directly. The time to assign a mediator under Local Civil Rule 83.9 and the Court's Mediation Program Procedures will be deferred until pro bono counsel has filed a Notice of Limited Appearance of Pro Bono Counsel. Pro bono counsel will represent Plaintiff solely for purposes of the mediation, and that representation will terminate at the conclusion of the mediation process. IT IS FURTHER ORDERED that any objection by Plaintiff either to the mediation or to the Court's request for pro bono counsel to represent Plaintiff in the mediation must be filed within 14 days of this order. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/21/2022) (jca)
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| Filing 11 ANSWER to #4 Amended Complaint. Document filed by New York Presbyterian Hospital..(Traub, Amy) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Presbyterian Hospital..(Traub, Amy) |
| Filing 9 CERTIFICATE OF SERVICE of Summons and Complaint. New York Presbyterian Hospital, served on 9/27/2022, answer due 10/18/2022. Service was accepted by Jean Dundon, Esq. Document filed by Deon McEachron-Howell. (sc) |
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Filing 8
ORDER: granting #7 Letter Motion for Extension of Time to Answer re #7 LETTER MOTION for Extension of Time to File Answer re: #4 Amended Complaint. addressed to Judge Vernon S. Broderick from Matthew C. Berger dated October 10, 2022. Application Granted. SO ORDERED. New York Presbyterian Hospital answer due 12/16/2022. (Signed by Judge Vernon S. Broderick on 10/13/2022) (ama)
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| Filing 7 LETTER MOTION for Extension of Time to File Answer re: #4 Amended Complaint addressed to Judge Vernon S. Broderick from Matthew C. Berger dated October 10, 2022. Document filed by New York Presbyterian Hospital..(Berger, Matthew) |
| Filing 6 NOTICE OF APPEARANCE by Matthew Caleb Berger on behalf of New York Presbyterian Hospital..(Berger, Matthew) |
| Filing 5 NOTICE OF APPEARANCE by Amy Joy Traub on behalf of New York Presbyterian Hospital..(Traub, Amy) |
| Filing 4 AMENDED COMPLAINT, re: amending #1 Complaint against New York Presbyterian Hospital with JURY DEMAND.Document filed by Deon McEachron-Howell. Related document: #1 Complaint.(sc) |
| Filing 2 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Deon McEachron-Howell consents to receive electronic service via the ECF system. Document filed by Deon McEachron-Howell..(rdz) |
| Filing 1 COMPLAINT against New York Presbyterian Hospital. (Filing Fee $ 402.00, Receipt Number 4929)Document filed by Deon McEachron-Howell..(rdz) |
| Case Designated ECF. (rdz) |
| 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. (rdz) |
| SUMMONS ISSUED as to New York Presbyterian Hospital..(rdz) |
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| Plaintiff: Deon McEachron-Howell | |
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| Defendant: New York Presbyterian Hospital | |
| Represented By: | Amy Joy Traub |
| Represented By: | Matthew Caleb Berger |
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