Newman v. Kroger, M.D. et al
| Erica Newman |
| John Kroger, M.D., Himani Goyal, M.D. and UNITED STATES OF AMERICA |
| 1:2023cv01114 |
| February 9, 2023 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1346 U.S. Defendant |
| Plaintiff |
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Filing 12
STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties, by their respective counsel, pursuant to Federal Rule of Civil Procedure 4l (a)(2), as follows: 1. The United States is hereby substituted as defendant in place of Kroger and Goyal. 2. This action is dismissed without prejudice. 3. This Stipulation and Order of Discontinuance (the "Stipulation and Order") may be executed in counterparts; a reproduced signature shall have the same force and effect as an original signature; and a facsimile or electronic copy of the Stipulation and Order shall have the same force and effect as an original. 4. The undersigned parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements or negotiations, oral or otherwise, between the undersigned parties or their counsel that are not included herein shall be of any force or effect. SO ORDERED. (Signed by Judge Analisa Torres on 3/17/2023) (kv)
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| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Himani Goyal, M.D., John Kroger, M.D...(Cowart, Brandon) |
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Filing 10
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 3/17/2023) (kv)
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Filing 9
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 3/17/2023) (kv)
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Filing 8
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by April 10, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 3/17/2023) (kv)
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Filing 7
ORDER: On February 15, 2023, the Court granted the Government's request for an extension of time to respond to the complaint by March 16, 2023, "to provide time to resolve this case without the need of motion practice." ECF No. 6. The Government's submission is overdue. Accordingly, by March 24, 2023, the parties shall provide a joint status update on this action detailing how they wish to proceed. (Signed by Judge Analisa Torres on 3/17/2023) (rro)
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Filing 6
ORDER granting #4 Letter Motion for Extension of Time to Answer addressed to Judge Analisa Torres from Brandon Cowart dated February 14, 2023. GRANTED. SO ORDERED. #2 Notice of Removal. Himani Goyal, M.D. answer due 3/16/2023; John Kroger, M.D. answer due 3/16/2023. (Signed by Judge Analisa Torres on 2/15/2023) (vfr)
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| Filing 5 NOTICE OF APPEARANCE by Justin M Loveland on behalf of Erica Newman..(Loveland, Justin) |
| Filing 4 LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Brandon Cowart dated February 14, 2023. Document filed by Himani Goyal, M.D., John Kroger, M.D...(Cowart, Brandon) |
| Filing 3 CIVIL COVER SHEET filed..(Cowart, Brandon) |
| Filing 2 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 805276/2022..Document filed by Himani Goyal, M.D., John Kroger, M.D.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Employment Certification).(Cowart, Brandon) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brandon Herbert Cowart to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): the pleading was not signed by the attorney. Re-file the pleading using the event type Notice of Removal 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) |
| 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Brandon Herbert Cowart. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 805276/2022..Document filed by Himani Goyal, M.D., John Kroger, M.D.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Employment Certification).(Cowart, Brandon) Modified on 2/10/2023 (jgo). |
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