Vilorio v. Zhang, M.D. et al
| Brinel Reinaldo Pichar Vilorio |
| Sarah Zhang, M.D., Bronx-Lebanon Hospital Center, BronxCare Health System, Michele L. Tyler, F.N.P., Morris Heights Health Center, Inc. and The United States |
| 1:2023cv08205 |
| September 18, 2023 |
| US District Court for the Southern District of New York |
| James L Cott |
| Gregory H Woods |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1346 U.S. Defendant |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.
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Filing 9
STIPULATION AND ORDER OF DISCONTINUACE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties, by their respective counsel, pursuant to Federal Rule of Civil Procedure 41(a)(2), as follows: The United States is hereby substituted as defendant in place of Morris Heights Health Center, Inc. and Michele Tyler, F.N.P. Plaintiff's claims against the United States are dismissed without prejudice. The Clerk of Court is directed to close this case. (Signed by Judge Gregory H. Woods on 11/1/2023) (rro)
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| Filing 8 LETTER addressed to Judge Gregory H. Woods from Brandon Cowart dated November 1, 2023 re: Stipulation and Order. Document filed by Morris Heights Health Center, Inc., Michele L. Tyler, F.N.P...(Cowart, Brandon) |
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Filing 7
MEMO ENDORSEMENT on re: #6 Proposed Stipulation and Order filed by Michele L. Tyler, F.N.P., Morris Heights Health Center, Inc. ENDORSEMENT: Application denied without prejudice. In the Case Opening Initial Assignment Notice, dated September 19, 2023, counsel were directed to review and comply with the Court's Individual Rules of Practice in Civil Cases. Pursuant to the Court's Individual Rules, immediately following the filing of any proposed order or stipulation, parties are directed to submit a joint letter to the Court in accordance with the conditions set forth in Individual Rule 1(F). Counsel for the United States, in particular, is expected to review and comply with the Individual Rules of the judges in this district. The parties did not file such a joint letter following their October 25, 2023 proposed order and stipulation. Dkt. No. 6. Accordingly, the Court declines to act on the proposed order at Dkt. No. 6 at this time. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/26/2023) (tg)
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| Filing 6 PROPOSED STIPULATION AND ORDER. Document filed by Morris Heights Health Center, Inc., Michele L. Tyler, F.N.P...(Cowart, Brandon) |
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Filing 5
ORDER granting #4 Letter Motion for Extension of Time to Answer re #4 LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from Brandon Cowart dated September 25, 2023., #1 Notice of Removal. Application granted. Defendants' application for an extension of time to answer or otherwise respond to the complaint, Dkt. No. 4, is granted. The deadline for Defendants to answer or otherwise respond to the complaint is extended to October 25, 2023. The Court directs Defendants to comply in the future with the Court's Individual Rule 1(E), which requires requests for extensions of time to be made at least two business days prior to the original due date. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 4. Bronx-Lebanon Hospital Center answer due 10/25/2023; BronxCare Health System answer due 10/25/2023; Morris Heights Health Center, Inc. answer due 10/25/2023; Michele L. Tyler, F.N.P. answer due 10/25/2023; Sarah Zhang, M.D. answer due 10/25/2023. (Signed by Judge Gregory H. Woods on 9/25/2023) (rro)
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| Filing 4 LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from Brandon Cowart dated September 25, 2023. Document filed by Morris Heights Health Center, Inc., Michele L. Tyler, F.N.P...(Cowart, Brandon) |
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Filing 3
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) All such motions. Referred to Magistrate Judge James L. Cott. (Signed by Judge Gregory H. Woods on 9/19/2023) (rro)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(pc) |
| Magistrate Judge James L. Cott 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 2 CIVIL COVER SHEET filed..(Cowart, Brandon) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 816295/2021E..Document filed by Morris Heights Health Center, Inc., Michele L. Tyler, F.N.P.. (Attachments: #1 Exhibit A (Complaint), #2 Exhibit B (Williams Certification)).(Cowart, Brandon) |
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