Cheeks v. Montefiore Medical Center et al
Leslie Cheeks |
Montefiore Medical Center and Local Union 1199, SEIU |
1199SEIU National Benefit Fund |
1:2023cv02170 |
March 14, 2023 |
US District Court for the Southern District of New York |
Jesse M Furman |
Civil Rights: Jobs |
28 U.S.C. § 1441 cv Petition for Removal- Civil Rights Act |
None |
Docket Report
This docket was last retrieved on November 29, 2023. A more recent docket listing may be available from PACER.
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MAILING RECEIPT: Document No: 27. Mailed to: Leslie Cheeks 1500 Boone Ave. Apt. 3J Bronx, NY 10460. (kh) |
Filing 27 ORDER granting #26 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 26 and to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/4/23) (yv) |
Filing 26 LETTER MOTION for Extension of Time to Answer or Otherwise Plead addressed to Judge Jesse M. Furman from Ian A. Weinberger dated May 4, 2023. Document filed by 1199SEIU National Benefit Fund..(Weinberger, Ian) |
Filing 25 AFFIDAVIT OF SERVICE of Rule 7.1 Disclosure Statement served on Plaintiff Leslie Cheeks on May 1, 2023. Service was made by Mail. Document filed by Local Union 1199, SEIU..(Apter, Jessica) |
MAILING RECEIPT: Document No: 24. Mailed to: Leslie Cheeks 1500 Boone Ave. Apt. 3J Bronx, NY 10460. (kh) |
Filing 24 ORDER, Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by June 9, 2023. If Plaintiff believes that the pleading of additional facts will cure deficiencies identified in the motion to dismiss, the Plaintiff should include those facts in the amended complaint. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If Defendants file answers or new motions to dismiss, the Court will deny the previously filed motion to dismiss as moot. If no amended complaint is filed, Plaintiff shall serve any opposition to the motion to dismiss by June 9, 2023. Defendants' replies, if any, shall be served by June 23, 2023. Either party may request an extension of the briefing schedule for the motion. A deadline will be extended if the party demonstrates that its pursuit of the action has been diligent and that there is a good reason for extending the deadline. Finally, the Clerk of the Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Amended Pleadings due by 6/9/2023.) (Signed by Judge Jesse M. Furman on 5/1/2023) (kv) |
Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Local Union 1199, SEIU..(Apter, Jessica) |
Filing 22 AFFIDAVIT OF SERVICE of Notice of motion to dismiss with copies of rules and notice; and affirmation and memorandum in support thereof with exhibits and unpublished authority served on Plaintiff Leslie Cheeks on April 28, 2023. Service was made by Mail. Document filed by Local Union 1199, SEIU..(Apter, Jessica) |
Filing 21 MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss . . Document filed by Local Union 1199, SEIU. (Attachments: #1 Exhibit Case cited provided to Plaintiff).(Apter, Jessica) |
Filing 20 AFFIRMATION of Jessica I. Apter in Support re: #19 MOTION to Dismiss .. Document filed by Local Union 1199, SEIU. (Attachments: #1 Exhibit 1 - Religious exemption requests, #2 Exhibit 2 - Exemption denial letters, #3 Exhibit 3 - 11/18/21 Email re: grievance refusal, #4 Exhibit 4 - Collective Bargaining Agreement).(Apter, Jessica) |
Filing 19 MOTION to Dismiss . Document filed by Local Union 1199, SEIU. Responses due by 5/12/2023 (Attachments: #1 Exhibit Local Civil Rule 12.1 & Notice, #2 Exhibit Federal Rule of Civil Procedure 56).(Apter, Jessica) |
Filing 18 CERTIFICATE OF SERVICE of #16 Notice of Motion to Dismiss and #17 Memorandum of Law in Support served on Leslie Cheeks on April 27, 2023. Service was made by Mail. Document filed by Montefiore Medical Center..(Schmidt, Jean) |
Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss . . Document filed by Montefiore Medical Center..(Schmidt, Jean) |
Filing 16 MOTION to Dismiss . Document filed by Montefiore Medical Center..(Schmidt, Jean) |
MAILING RECEIPT: Document No: 15. Mailed to: Leslie Cheeks 1500 Boone Ave. Apt. 3J Bronx, NY 10460. (kh) |
Filing 15 ORDER: Defendant Montefiore Medical Center removed this case from state court on March 14, 2023. ECF No. 1. Defendant served the notice of removal on Plaintiff, ECF No. 6, but Plaintiff has not yet appeared. To ensure that Plaintiff appears in this case, Plaintiff is directed to call the pro se intake unit at (212) 805-0175 at her earliest convenience. (Signed by Judge Jesse M. Furman on 4/17/2023) (ate) |
Filing 14 AFFIDAVIT OF SERVICE of Notices of appearance served on Plaintiff Leslie Cheeks on March 30, 2023. Service was made by Mail. Document filed by Local Union 1199, SEIU..(Slutsky, David) |
Filing 13 NOTICE OF APPEARANCE by Jessica Isa Apter on behalf of Local Union 1199, SEIU..(Apter, Jessica) |
Filing 12 NOTICE OF APPEARANCE by David Mark Slutsky on behalf of Local Union 1199, SEIU..(Slutsky, David) |
Filing 11 CERTIFICATE OF SERVICE of #10 the Court's March 22, 2023 Order served on Leslie Cheeks on March 23, 2023. Service was made by Mail. Document filed by Montefiore Medical Center..(Diamond, Emma) |
MAILING RECEIPT: Document No: 10. Mailed to: Leslie Cheeks 1500 Boone Ave. Apt. 3J Bronx, NY 10460. (dsh) |
Filing 10 ORDER granting #7 Letter Motion for Extension of Time to Answer re #7 LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Respond to the Complaint addressed to Judge Jesse M. Furman from Jean L. Schmidt dated March 21, 2023. Application GRANTED. Counsel is directed to serve a copy of this Order on Plaintiff within one business day and to file proof of service on the docket within two business days. The Clerk of Court is directed to terminate ECF No. 7. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/22/23) (yv) |
Set/Reset Deadlines: Motions due by 4/28/2023. (yv) |
Filing 8 CERTIFICATE OF SERVICE of #7 Letter Motion for Extension of Time served on Leslie Cheeks on March 21, 2023. Service was made by Mail. Document filed by Montefiore Medical Center..(Schmidt, Jean) |
Filing 7 LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Respond to the Complaint addressed to Judge Jesse M. Furman from Jean L. Schmidt dated March 21, 2023. Document filed by Montefiore Medical Center..(Schmidt, Jean) |
Magistrate Judge Ona T. Wang 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. (gp) |
Case Designated ECF. (gp) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(gp) |
Filing 6 CERTIFICATE OF SERVICE of #1 Notice of Removal; #2 Civil Cover Sheet; #3 Rule 7.1 Corporate Disclosure Statement; #4 Notice of Appearance by Jean L. Schmidt; and #5 Notice of Appearance by Emma Diamond served on Leslie Cheeks on March 14, 2023. Service was made by Mail. Document filed by Montefiore Medical Center..(Schmidt, Jean) |
Filing 5 NOTICE OF APPEARANCE by Emma Jane Diamond on behalf of Montefiore Medical Center..(Diamond, Emma) |
Filing 4 NOTICE OF APPEARANCE by Jean L. Schmidt on behalf of Montefiore Medical Center..(Schmidt, Jean) |
Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Montefiore Health System, Inc. for Montefiore Medical Center. Document filed by Montefiore Medical Center..(Schmidt, Jean) |
Filing 2 CIVIL COVER SHEET filed..(Schmidt, Jean) |
Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 468/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27467516).Document filed by Montefiore Medical Center. (Attachments: #1 Exhibit A: Summons and Complaint, #2 Exhibit B: Notice to State Court of Filing of Notice of Removal, #3 Exhibit C: Notice to Adverse Party).(Schmidt, Jean) |
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