Warner v. Hospital for Special Surgery Ambulatory Surgery Center of Manhattan, LLC et al
| Robin Warner and D.O. Robin Warner |
| HOSPITAL FOR SPECIAL SURGERY AMBULATORY SURGERY CENTER OF MANHATTAN, LLC, Dale Lange, LOUIS SHAPIRO, Dr. Dale Lange, CEO and President Louis A. Shapiro and New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery |
| 1:2022cv10400 |
| December 8, 2022 |
| US District Court for the Southern District of New York |
| Jessica G L Clarke |
| Katherine Polk Failla |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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Filing 29
ORDER OF DISMISSAL: The Court having been advised at ECF No. 28 that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within 60 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Section 6(a) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 8/14/2023) (tg)
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| Filing 28 LETTER MOTION for Extension of Time to File Joint Status Letter addressed to Judge Jessica G. L. Clarke from Matthew C. Berger dated August 11, 2023. Document filed by Dale Lange(M.D., in his individual capacity), Dale Lange(M.D., in his professional capacity ), New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery..(Berger, Matthew) |
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Filing 27
NOTICE OF REASSIGNMENT This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates and deadlines shall remain in effect notwithstanding the case's reassignment, except that any currently scheduled conference or oral argument before the Court is adjourned pending further order of the Court. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. It is hereby ORDERED that no later than August 14, 2023, the parties shall file on ECF a joint letter, described below, updating the Court on the status of the case. The joint letter shall not exceed five pages. In accordance with the Courts Individual Rules and Practices, requests for extensions or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours before the deadline or conference. The written submission must state (1) the original date and the new date requested; (2) the number of previous requests for adjournment or extension; (3)whether these previous requests were granted or denied; (4) the reason for the extension or adjournment; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusal to consent; and (6) to the extent applicable, the date of the parties' next scheduled appearance before the Court. Unless counsel are notified that a conference has been adjourned, it will be held as scheduled. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 8/1/2023) (jca)
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| NOTICE OF CASE REASSIGNMENT to Judge Jessica G. L. Clarke. Judge Katherine Polk Failla is no longer assigned to the case. (laq) |
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Filing 25
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. 28 U.S.C. 636(c). All fact discovery shall be completed no later than 120 days after the date of this Order. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than 45 days from the date in paragraph 7(e) Depositions of fact witnesses shall be completed by 110 days after the date of this Order. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 7 days. Pretrial Conference set for 10/19/2023 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/21/2023) (rro)
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Filing 24
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This confidentiality agreement does not bind the Court or any of its personnel. The Court can modify this stipulation at any time. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 9 of this Court's Individual Rules of Civil Procedure. (Signed by Judge Katherine Polk Failla on 6/21/2023) (rro)
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| Filing 23 PROPOSED PROTECTIVE ORDER. Document filed by Dale Lange(M.D., in his professional capacity ), New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery..(Traub, Amy) |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - WRONG ATTORNEY LOGIN - (SEE DOCUMENT#23) PROPOSED PROTECTIVE ORDER. Document filed by Dale Lange(M.D., in his professional capacity ), New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery..(Fish, Eric) Modified on 6/20/2023 (lb). |
| Set Mediation Case Tracking Deadlines: Mediator to be Assigned by 6/21/2023. (ah) |
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Filing 21
ORDER: On May 19, 2023, Defendants answered the Amended Complaint and the parties submitted a proposed case management plan. (Dkt. #18-19). In their proposed case management plan, the parties request that the Court wait 30 days to enter the plan because the parties are considering reengaging a private mediator to attempt to resolve this case. The Court will grant the parties' request. However, the Court will enter the parties' case management plan on June 21, 2023, regardless of the parties' attempts to continue mediating the case. (Signed by Judge Katherine Polk Failla on 5/22/2023) (rro)
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Filing 20
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 6/5/2023. (Signed by Judge Loretta A. Preska on 10/01/2015) (rpr)
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| Filing 19 PROPOSED CASE MANAGEMENT PLAN. Document filed by Dale Lange(M.D., in his professional capacity ), New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery..(Traub, Amy) |
| Filing 18 ANSWER to #14 Amended Complaint,,. Document filed by Dale Lange(M.D., in his professional capacity ), New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery..(Traub, Amy) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dale Lange(M.D., in his individual capacity), New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery..(Traub, Amy) |
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time to Answer re #15 LETTER MOTION for Extension of Time to File Answer to the Second Amended Complaint addressed to Judge Katherine Polk Failla from Matthew C. Berger dated April 19, 2023., #1 Complaint. Application GRANTED. Defendants may file an answer to the Second Amended Complaint on or before May 19, 2023. The parties are further directed to submit a proposed case management plan by May 19, 2023. The parties are no longer directed to follow the briefing schedule discussed at the April 5, 2023 pre-motion conference. The Clerk of Court is directed to terminate the pending motion at docket entry 15. Dale Lange(M.D., in his individual capacity) answer due 5/19/2023; Dale Lange(M.D., in his professional capacity ) answer due 5/19/2023; New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery answer due 5/19/2023. (Signed by Judge Katherine Polk Failla on 4/19/2023) (rro)
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| Filing 15 LETTER MOTION for Extension of Time to File Answer to the Second Amended Complaint addressed to Judge Katherine Polk Failla from Matthew C. Berger dated April 19, 2023. Document filed by Dale Lange(M.D., in his professional capacity ), New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery, Louis A. Shapiro..(Berger, Matthew) |
| Filing 14 SECOND AMENDED COMPLAINT amending #4 Amended Complaint, #1 Complaint, against Dale Lange(M.D., in his individual capacity), Dale Lange(M.D., in his professional capacity ), New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery with JURY DEMAND.Document filed by Robin Warner. Related document: #4 Amended Complaint, #1 Complaint,. (Attachments: #1 Exhibit Exhibit A - Notice of Right to Sue, #2 Exhibit Exhibit B - Letter to NYCCHR).(Goldhirsch, Jonathan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan Martin Goldhirsch to RE-FILE Document No. #13 Second Amended Complaint. The filing is deficient for the following reason(s): all of the parties whom the pleading is against were not selected. Re-file the pleading using the event type Second Amended 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. (jgo) Modified on 4/17/2023 (jgo). |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT amending #4 Amended Complaint, #1 Complaint, against Dale Lange(M.D., in his professional capacity ), New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery with JURY DEMAND.Document filed by Robin Warner. Related document: #4 Amended Complaint, #1 Complaint,. (Attachments: #1 Exhibit Exhibit A - Notice of Right To Sue, #2 Exhibit Exhibit B - Letter to NYCCHR).(Goldhirsch, Jonathan) Modified on 4/17/2023 (jgo). |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 4/5/2023. Plaintiff Robin Warner present with attorney Michelle Anne Caiola. Attorneys Matthew Caleb Berger and Amy Joy Traub representing Defendants present. Amended complaint is due by 4/14/2023; motion to dismiss is due by 5/19/2023; opposition is due by 6/19/2023; and reply is due by 7/7/2023. (Court Reporter recorded) (tn) |
| Filing 12 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from MICHELLE A. CAIOLA dated 03/31/2023 re: #8 LETTER MOTION for Conference re: Request for a Pre-Motion Conference addressed to Judge Katherine Polk Failla from Amy J. Traub dated March 10, 2023. . Document filed by Robin Warner..(Goldhirsch, Jonathan) |
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Filing 11
ORDER granting #8 Letter Motion for Conference re: #8 LETTER MOTION for Conference re: Request for a Pre-Motion Conference addressed to Judge Katherine Polk Failla from Amy J. Traub dated March 10, 2023., #10 LETTER MOTION for Conference re: #8 LETTER MOTION for Conference re: Request for a Pre-Motion Conference addressed to Judge Katherine Polk Failla from Amy J. Traub dated March 10, 2023. addressed to Judge Katherine Polk Faill ; granting #10 Letter Motion for Conference re: #8 LETTER MOTION for Conference re: Request for a Pre-Motion Conference addressed to Judge Katherine Polk Failla from Amy J. Traub dated March 10, 2023., #10 LETTER MOTION for Conference re: #8 LETTER MOTION for Conference re: Request for a Pre-Motion Conference addressed to Judge Katherine Polk Failla from Amy J. Traub dated March 10, 2023. addressed to Judge Katherine Polk Failla. Application GRANTED. Plaintiff may submit a response to Defendants' pre-motion letter on or before March 31, 2023. In light of Defendants' pre-motion letter contemplating a motion to dismiss, the parties are ORDERED to attend a telephonic pre-motion conference on April 5, 2023, at 11:00 a.m. At the designated time, the parties shall call (888) 363-4749, and use access code 5123533. The parties shall be prepared to discuss the substance of Defendants' pre-motion letter and Plaintiff's response at the conference. The Clerk of Court is directed to terminate the pending motions at docket entries 8 and 10. SO ORDERED. Telephone Conference set for 4/5/2023 at 11:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 3/13/2023) (jca)
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| Filing 10 LETTER MOTION for Conference re: #8 LETTER MOTION for Conference re: Request for a Pre-Motion Conference addressed to Judge Katherine Polk Failla from Amy J. Traub dated March 10, 2023. addressed to Judge Katherine Polk Failla from Michelle A. Caiola dated 03/10/2023. Document filed by Robin Warner..(Goldhirsch, Jonathan) |
| Filing 9 NOTICE OF APPEARANCE by Matthew Caleb Berger on behalf of Dale Lange(M.D., in his individual capacity), Dale Lange(M.D., in his professional capacity ), Louis A. Shapiro, New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery..(Berger, Matthew) |
| Filing 8 LETTER MOTION for Conference re: Request for a Pre-Motion Conference addressed to Judge Katherine Polk Failla from Amy J. Traub dated March 10, 2023. Document filed by Dale Lange(M.D., in his professional capacity ), Louis A. Shapiro, New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery..(Traub, Amy) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Louis A. Shapiro waiver sent on 1/9/2023, answer due 3/10/2023. Document filed by Robin Warner..(Caiola, Michelle) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Dale Lange(M.D., in his professional capacity ) waiver sent on 1/9/2023, answer due 3/10/2023. Document filed by Robin Warner..(Caiola, Michelle) |
| Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery waiver sent on 1/9/2023, answer due 3/10/2023. Document filed by Robin Warner..(Caiola, Michelle) |
| Filing 4 AMENDED COMPLAINT amending #1 Complaint, against Dale Lange(M.D., in his professional capacity ), Louis A. Shapiro, New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery with JURY DEMAND.Document filed by Robin Warner. Related document: #1 Complaint,. (Attachments: #1 Exhibit Exhibit A - Notice of Right to Sue, #2 Exhibit Exhibit B - Letter to NYCCHR).(Caiola, Michelle) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michelle Anne Caiola 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 in all capacities. Add party (Louis A. Shapiro with party text "in his official capacity). Add party (Dale Lange with party text " in his professional capacity). Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michelle Anne Caiola. The party information for the following party/parties has been modified: HOSPITAL FOR SPECIAL SURGERY AMBULATORY SURGERY CENTER OF MANHATTAN, LLC, LOUIS SHAPIRO, Dale Lange. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michelle Anne Caiola. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); County code Albany. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to New York. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Louis A. Shapiro, Dale Lange added. Party added pursuant to #1 Complaint,.Document filed by Robin Warner. Related document: #1 Complaint,..(Caiola, Michelle) |
| Case Designated ECF. (vf) |
| Magistrate Judge Stewart D. Aaron 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) |
| Filing 3 NOTICE OF APPEARANCE by Jonathan Martin Goldhirsch on behalf of Robin Warner..(Goldhirsch, Jonathan) |
| Filing 2 CIVIL COVER SHEET filed..(Caiola, Michelle) |
| Filing 1 COMPLAINT against HOSPITAL FOR SPECIAL SURGERY AMBULATORY SURGERY CENTER OF MANHATTAN, LLC, Dale Lange, LOUIS SHAPIRO. (Filing Fee $ 402.00, Receipt Number ANYSDC-27062425)Document filed by Robin Warner. (Attachments: #1 Exhibit Exhibit A - Notice of Right To Sue, #2 Exhibit Exhibit B - Letter to NYCCHR).(Caiola, Michelle) |
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