Medina v. DaVita Inc. et al
| Rose Medina |
| DaVita Inc., Bronx River Nephro Care, Knickerbocker Dialysis Inc. and Sumeet Rana |
| 1:2022cv08682 |
| October 12, 2022 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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Filing 32
ORDER: Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and subject to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty days. All filing deadlines and conference dates are adjourned sine die. (Signed by Judge J. Paul Oetken on 4/12/2023) (ate)
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| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 3/28/2023 at 10:00 AM in telephone or video conference.(mnp) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/1/2023.(ah) |
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Filing 30
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. Depositions shall be completed by May 12, 2023. All expert discovery, including expert depositions, shall be completed no later than July 7, 2023. All expert discovery, including expert depositions, shall be completed no later than July 7, 2023. The parties shall be ready for trial on 44 days after a decision on Defendant's MSJ. 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 5 days. The initial telephone conference scheduled for January 27, 2023 is adjourned. The Court approves and so orders the parties' proposed schedule. The parties are directed to commence discovery promptly. The parties shall file a joint status letter on or before May 31, 2023. Deposition due by 7/7/2023. Fact Discovery due by 5/24/2023. Expert Discovery due by 7/7/2023. (Signed by Judge J. Paul Oetken on 1/24/2023) (ate)
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| Filing 29 PROPOSED CASE MANAGEMENT PLAN. Document filed by DaVita Inc., Knickerbocker Dialysis Inc., Sumeet Rana..(Victorelli, Laura) |
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Filing 28
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 1/26/2023. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr)
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Filing 27
ORDER: Initial Conference by telephone set for 1/27/2023 at 3:00 PM before Judge J. Paul Oetken. Counsel should call (888) 557-8511 at the scheduled time. The access code is 9300838. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/10/2023) (vfr)
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| Filing 26 ANSWER to #1 Complaint. Document filed by Sumeet Rana..(Victorelli, Laura) |
| Filing 25 ANSWER to #1 Complaint. Document filed by DaVita Inc., Knickerbocker Dialysis Inc...(Victorelli, Laura) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Berkshire Hathaway, Inc. for DaVita Inc.; Corporate Parent DaVita Inc. for Knickerbocker Dialysis Inc.. Document filed by DaVita Inc., Knickerbocker Dialysis Inc...(Victorelli, Laura) |
| Filing 23 NOTICE OF APPEARANCE by Dorothy D. McDermott on behalf of DaVita Inc., Knickerbocker Dialysis Inc., Sumeet Rana..(McDermott, Dorothy) |
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Filing 22
ORDER granting #21 Motion to Appear Pro Hac Vice. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Dorothy McDermott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27112248. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 21 MOTION for Dorothy McDermott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27112248. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DaVita Inc., Knickerbocker Dialysis Inc., Sumeet Rana. (Attachments: #1 Affidavit Dorothy McDermott, #2 Exhibit A - Certificate of Good Standing, #3 Affidavit Declaration of Laura Victorelli, #4 Text of Proposed Order Proposed Order).(McDermott, Dorothy) |
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Filing 20
STIPULATION OF DISMISSAL OF DEFENDANT BRONX RIVER NEPHRO CARE WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Rose Medina ("Plaintiff") and Defendants DaVita Inc., Bronx River Nephro Care, Knickerbocker Dialysis Inc. and Sumeet Rana (collectively, "Defendants") that the above-captioned action be and is hereby dismissed and discontinued as against Defendant Bronx River Nephro Care with prejudice. SO ORDERED. Bronx River Nephro Care terminated. (Signed by Judge J. Paul Oetken on 12/7/2022) (kv)
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| Filing 19 PROPOSED STIPULATION AND ORDER. Document filed by Bronx River Nephro Care, DaVita Inc., Knickerbocker Dialysis Inc., Sumeet Rana..(Victorelli, Laura) |
| Filing 18 WAIVER OF SERVICE RETURNED EXECUTED. Sumeet Rana waiver sent on 11/9/2022, answer due 1/9/2023. Document filed by Sumeet Rana..(Victorelli, Laura) |
| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. Knickerbocker Dialysis Inc. waiver sent on 11/9/2022, answer due 1/9/2023. Document filed by Knickerbocker Dialysis Inc...(Victorelli, Laura) |
| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. DaVita Inc. waiver sent on 11/9/2022, answer due 1/9/2023. Document filed by DaVita Inc...(Victorelli, Laura) |
| Filing 15 NOTICE OF APPEARANCE by Laura Victorelli on behalf of Bronx River Nephro Care, DaVita Inc., Knickerbocker Dialysis Inc., Sumeet Rana..(Victorelli, Laura) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Sumeet Rana. (sj) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Knickerbocker Dialysis Inc.. (sj) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to DaVita Inc.. (sj) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Bronx River Nephro Care. (sj) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Sumeet Rana, re: #1 Complaint. Document filed by Rose Medina..(Mangan, Michael) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Knickerbocker Dialysis, Inc., re: #1 Complaint. Document filed by Rose Medina..(Mangan, Michael) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Davita, Inc., re: #1 Complaint. Document filed by Rose Medina..(Mangan, Michael) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Bronx River Nephro Care, re: #1 Complaint. Document filed by Rose Medina..(Mangan, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Patrick Mangan to RE-FILE Document No. #5 Request for Issuance of Summons, #6 Request for Issuance of Summons, #4 Request for Issuance of Summons, #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; the PDF seems to be corrupted or uploaded incorrectly;. 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. (jgo) |
| Filing 6 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Sumeet Rana, re: #1 Complaint. Document filed by Rose Medina..(Mangan, Michael) Modified on 10/14/2022 (jgo). |
| Filing 5 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Knickerbocker Dialysis Inc., re: #1 Complaint. Document filed by Rose Medina..(Mangan, Michael) Modified on 10/14/2022 (jgo). |
| Filing 4 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Bronx River Nephro Care, re: #1 Complaint. Document filed by Rose Medina..(Mangan, Michael) Modified on 10/14/2022 (jgo). |
| Filing 3 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to DAVITA INC., re: #1 Complaint. Document filed by Rose Medina..(Mangan, Michael) Modified on 10/14/2022 (jgo). |
| Filing 2 CIVIL COVER SHEET filed..(Mangan, Michael) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael Patrick Mangan. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Sarah Netburn 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. (jgo) |
| Filing 1 COMPLAINT against Bronx River Nephro Care, DaVita Inc., Knickerbocker Dialysis Inc., Sumeet Rana. (Filing Fee $ 402.00, Receipt Number ANYSDC-26807897)Document filed by Rose Medina..(Mangan, Michael) |
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