Weir v. Montefiore Medical Center et al
Plaintiff: Nicholas Weir
Defendant: Montefiore Medical Center, Albert Einstein College of Medicine, Evripidis Gavathiotis, Anna Gartner, Littler Mendelson, Jean L. Schmidt and Emily C. Haigh
Case Number: 1:2023cv04468
Filed: May 30, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2023 Filing 26 RESPONSE TO ORDER TO SHOW CAUSE re: #17 Order to Show Cause,. Document filed by Albert Einstein College of Medicine, Anna Gartner, Evripidis Gavathiotis, Emily C. Haigh, Littler Mendelson, Montefiore Medical Center, Jean L. Schmidt..(Schmidt, Jean)
June 28, 2023 Filing 25 MEMO ENDORSEMENT on re: #24 Letter filed by Nicholas Weir. ENDORSEMENT: The Clerk of Court is directed to update Plaintiff's address of record as follows: Nicholas Weir, 1936 Hempstead Turnpike, #217, East Meadows, New York 11554. wnick102014@gmail.com. (Signed by Judge Katherine Polk Failla on 6/28/2023) (rro)
June 27, 2023 Filing 24 LETTER addressed to Judge Katherine Polk Failla from Nicholas Weir dated 6/27/2023 re: Returned Mail. Document filed by Nicholas Weir..(Weir, Nicholas)
June 26, 2023 Received returned mail re: #5 Summons Issued. Mail was addressed to Nicholas Weir, 1936 Hempstead Turnpike, #217, East Meadows, NY 11554 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward. (vn)
June 26, 2023 Opinion or Order Filing 23 ORDER The Court is in receipt of Plaintiff's response to the Court's order to show cause. (Dkt. #18). Since responding to the Court's order to show cause, Defendants have appeared in this action. As the Court noted in its order to show cause, the Court invites Defendants to respond to the order as well as Plaintiff's submission. As such, Defendants may submit a response by July 21, 2023. Defendants' deadline to file a responsive pleading shall be stayed pending the Court's resolution of the issues discussed in the order to show cause, should Defendants file a response to the order and Plaintiff's filing. Should Defendants decline to respond to the order to show cause, Defendants are directed to file a response to the Complaint by July 21, 2023. The Clerk of Court is directed to mail a copy of this Order to Plaintiffs address of record. SO ORDERED. Albert Einstein College of Medicine answer due 7/21/2023; Anna Gartner answer due 7/21/2023; Evripidis Gavathiotis answer due 7/21/2023; Emily C. Haigh answer due 7/21/2023; Littler Mendelson answer due 7/21/2023; Montefiore Medical Center answer due 7/21/2023; Jean L. Schmidt answer due 7/21/2023. (Show Cause Response due by 7/21/2023.) (Signed by Judge Katherine Polk Failla on 6/26/2023) (jca)
June 26, 2023 Filing 22 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)
June 26, 2023 Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Montefiore Medicine Academic Health System, Inc. for Albert Einstein College of Medicine. Document filed by Albert Einstein College of Medicine..(Schmidt, Jean)
June 26, 2023 Filing 20 NOTICE OF APPEARANCE by Jean L. Schmidt on behalf of Albert Einstein College of Medicine, Anna Gartner, Evripidis Gavathiotis, Emily C. Haigh, Littler Mendelson, Montefiore Medical Center, Jean L. Schmidt..(Schmidt, Jean)
June 26, 2023 Filing 19 NOTICE OF APPEARANCE by Emily Clara Haigh on behalf of Albert Einstein College of Medicine, Anna Gartner, Evripidis Gavathiotis, Emily C. Haigh, Littler Mendelson, Montefiore Medical Center, Jean L. Schmidt..(Haigh, Emily)
June 22, 2023 Filing 18 PLAINTIFF'S RESPONSE TO THE COURT'S ORDER TO SHOW CAUSE, re: #17 Order to Show Cause. Document filed by Nicholas Weir. (sc)
June 22, 2023 Mailed a copy of #10 Order on Motion for Permission for Electronic Case Filing, #17 Order to Show Cause, to Nicholas Weir at 1936 Hempstead Turnpike #217 East Meadows, NY 11554. (ok)
June 21, 2023 Opinion or Order Filing 17 ORDER TO SHOW CAUSE: Accordingly, Plaintiff is ORDERED to show cause in writing why this case should not be dismissed pursuant to the doctrines of res judicata and Rooker-Feldman. Plaintiff shall submit a written response, not to exceed 15 pages in length double-spaced, responding to the above points on or before July 21, 2023. Once Defendants appear in this action, the Court may also order a response from Defendants. (Signed by Judge Katherine Polk Failla on 6/21/2023) (rro)
June 21, 2023 Opinion or Order Filing 10 MEMO ENDORSED ORDER granting #6 Motion for Permission for Electronic Case Filing. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 6. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/21/23) (yv)
June 20, 2023 Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint. Jean L. Schmidt; served on 6/14/2023, answer due 7/5/2023. Service was accepted by Kadian A.(co-worker). Document filed by Nicholas Weir. (sc)
June 20, 2023 Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint. Evripidis Gavathiotis; served on 6/15/2023, answer due 7/6/2023. Service was accepted by Natasha Terna,co-worker. Document filed by Nicholas Weir. (sc)
June 20, 2023 Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint. Anna Gartner; served on 6/15/2023, answer due 7/6/2023. Service was accepted by Natasha Terna, co-worker. Document filed by Nicholas Weir. (sc)
June 20, 2023 Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint. Montefiore Medical Center; served on 6/15/2023, answer due 7/6/2023. Service was accepted by Natasha Terna. Document filed by Nicholas Weir. (sc)
June 20, 2023 Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Albert Einstein College of Medicine; served on 6/15/2023, answer due 7/6/2023. Service was accepted by Natasha Terna. Document filed by Nicholas Weir. (sc)
June 20, 2023 Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Emily C. Haigh, served on 6/14/2023, answer due 7/5/2023. Service was accepted by Kadian A.(co-worker). Document filed by Nicholas Weir. (sc)
June 20, 2023 Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Littler Mendelson; served on 6/14/2023, answer due 7/5/2023. Service was accepted by Kadian A. Document filed by Nicholas Weir. (sc)
June 20, 2023 NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Jennifer L. Rochon is no longer assigned to the case. (laq)
June 14, 2023 Filing 7 RELATED CASE STATEMENT, Re: 16cv9846(KBF). Document filed by Nicholas Weir. (sc)
June 14, 2023 Filing 6 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, Re: for Permission for Nicholas Weir to participate in electronic case filing in this case. Document filed by Nicholas Weir.(sc)
June 13, 2023 NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Unassigned is no longer assigned to the case. (sgz)
June 13, 2023 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. (sgz)
June 12, 2023 Filing 5 SUMMONS ISSUED as to Albert Einstein College of Medicine, Anna Gartner, Evripidis Gavathiotis, Emily C. Haigh, Littler Mendelson, Montefiore Medical Center, Jean L. Schmidt. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(ta)
June 12, 2023 Mailed a copy of #5 Summons Issued, to Nicholas Weir 1936 Hempstead Turnpike #217 East Meadows, NY 11554. (ta)
June 9, 2023 Pro Se Payment of Fee Processed: $402.00 Money Order processed by the Finance Department on 6/9/2023, Receipt Number 17193. (amf)
May 30, 2023 Filing 4 LETTER addressed to Judge Laura Taylor Swain from N. Weir, dated 5/30/23 re: "LETTER MOTION FOR ECF PRIVILEGE" - Plaintiff has ECF privileges for the past case, 16-cv-9846. Document filed by Nicholas Weir.(sc) Modified on 5/30/2023 (sc).
May 27, 2023 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to MONTEFIORE MEDICAL CENTER, ALBERT EINSTEIN COLLEGE OF MEDICINE, EVRIPIDIS GAVATHIOTIS, ANNA GARTNER, LITTLER MENDELSON, JEAN L. SCHMIDT, and EMILY C. HAIGH, re: #1 Complaint. Document filed by Nicholas Weir..(rdz)
May 27, 2023 Filing 2 CIVIL COVER SHEET.(rdz)
May 27, 2023 Filing 1 COMPLAINT against Albert Einstein College of Medicine, Anna Gartner, Evripidis Gavathiotis, Emily C. Haigh, Littler Mendelson, Montefiore Medical Center, Jean L. Schmidt. Document filed by Nicholas Weir. (Attachments: #1 Exhibit pages).(rdz)
May 27, 2023 Case Designated ECF. (rdz)

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Plaintiff: Nicholas Weir
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Defendant: Montefiore Medical Center
Represented By: Emily Clara Haigh
Represented By: Jean L. Schmidt
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Defendant: Albert Einstein College of Medicine
Represented By: Emily Clara Haigh
Represented By: Jean L. Schmidt
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Defendant: Evripidis Gavathiotis
Represented By: Emily Clara Haigh
Represented By: Jean L. Schmidt
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Defendant: Anna Gartner
Represented By: Emily Clara Haigh
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Defendant: Littler Mendelson
Represented By: Emily Clara Haigh
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Defendant: Jean L. Schmidt
Represented By: Emily Clara Haigh
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Defendant: Emily C. Haigh
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Represented By: Jean L. Schmidt
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