June 1, 2022 |
Filing
379
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Vincent L. Briccetti, United States District Judge, the jury having returned a verdict in favor of Defendant Thomas Lee, M.D., the Third Amended Complaint is hereby dismissed. All claims against all defendants having been resolved, the Clerk is instructed to close this case. (Signed by Judge Vincent L. Briccetti on 6/1/2022) (mml)
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May 17, 2022 |
Filing
376
ORDER. It is HEREBY ORDERED: Dr. Carniciu's motion to quash (Doc. #373) is resolved as stated on the record. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 5/16/22) (yv)
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December 16, 2021 |
Filing
366
MEMORANDUM OPINION AND ORDER: re: 344 FIRST MOTION in Limine to exclude defendant's use of non party depositions of Dr. Michael Murphy and Dr. Stephen Conway filed by Richard Downing, 348 FIRST MOTION in Limine TO PRECLUDE PLAINTIF F FROM USING BRUCE TRANMER, M.D. AS THEIR EXPERT AT TRIAL filed by Thomas Lee, M.D. Plaintiff's motion in limine is GRANTED. Defendant's motion in limine is DENIED. The Clerk is instructed to terminate the motions. (Docs. ##344, 348). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/16/2021) (ama)
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September 30, 2021 |
Filing
363
ORDER: The parties' submissions are insufficient. First, rather than file joint proposed jury instructions, the parties filed separate jury instructions in a single document. The parties are directed to file joint proposed instructions in acc ordance with this Court's Individual Rule 4.B.i by October 6, 2021. Second, rather than file a joint verdict form, the parties filed separate verdict forms in a single document. The parties are directed to file a joint verdict form by October 6 , 2021. Third, plaintiff has failed to file proposed voir dire questions. By October 6, 2021, plaintiff shall file proposed voir dire questions or the Court will only consider defendant's submission. (See Doc. #358). Further, the parties are re minded to email the Court's law clerk copies of the voir dire questions, proposed jury instructions, and a joint verdict form as provided in the Court' Individual Rule 4.B.i. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/29/2021) (mml)
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August 31, 2021 |
Filing
341
ORDER: Accordingly, it is hereby ORDERED that: 1. The tentative trial date of October 25, 2021, is cancelled. 2. The final pre-trial conference currently scheduled for October 13, 2021, is adjourned without date. 3. By September 14, 2021, counsel sh all file a joint letter proposing three dates on or after January 19, 2022, at which all parties will be available to proceed with a 12-day jury trial. 4. All other deadlines set in the Court's April 12, 2021, Order, as modified by subsequent text orders, shall remain in effect. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/31/2021) (mml)
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February 25, 2021 |
Filing
320
ORDER: As discussed at a telephone conference held on February 25, 2021, attended by counsel for all parties, it is HEREBY ORDERED: 1. The next conference in this case shall take place on April 2, 2021, at 3:30 p.m. The parties shall use the foll owing information to connect by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/25/2021) ( Telephone Conference set for 4/2/2021 at 03:30 PM before Judge Vincent L. Briccetti.) (ks)
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December 3, 2020 |
Filing
319
ORDER: As discussed at a telephone conference held on December 3, 2020, attended by counsel for all parties, it is HEREBY ORDERED: 1. The next conference in this case shall take place on February 25, 2021, at 3:30 p.m. The parties shall use the following information to connect by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. (Signed by Judge Vincent L. Briccetti on 12/3/2020) (jca)
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October 21, 2020 |
Filing
317
ORDER: It is HEREBY ORDERED: 1. The next conference in this case shall take place on December 3, 2020, at 3:30 p.m. The parties shall use the following information to connect by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. SO ORDERED. ( Telephone Conference set for 12/3/2020 at 03:30 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 10/21/2020) (va)
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August 7, 2020 |
Filing
313
OPINION AND ORDER re: 274 FIRST MOTION for Summary Judgment filed by Baruch Berzon, M.D., Phelps Memorial Hospital, Northwell Health Inc., 266 FIRST MOTION for Summary Judgment filed by Thomas Lee, M.D., 271 FIRST MOTION for Summary Judgment filed by Baruch Berzon, M.D., Phelps Memorial Hospital, Northwell Health Inc., 257 FIRST MOTION for Summary Judgment on behalf of defendant, Sanda Carniciu, M.D. filed by Sanda Carniciu, M.D.. The motions for summary judgment are DENIED. Drs. Lee and Carniciu's request for a hearing to determine the reliability and admissibility of plaintiff's medical experts' testimony is DENIED WITHOUT PREJUDICE. All counsel are directed to appear at a case management conference on September 16, 2020, at 2:30 p.m., at which time the Court expects to set a trial date and a schedule for pre-trial submissions. Counsel shall also be prepared to discuss whether this case should be referr ed to the magistrate judge or to a mediator for settlement purposes. The September 16, 2020, conference will be conducted by telephone. Counsel shall attend by calling the following number and entering the access code when requested: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662 Access Code: 1703567 The Clerk is instructed to terminate the motions. (Docs. ##257, 266, 271, 274). (Telephone Conference set for 9/16/2020 at 02:30 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 8/7/2020) (nb)
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April 3, 2020 |
Filing
310
ORDER: Accordingly, it is HEREBY ORDERED: 1. Plaintiff shall submit a letter to the Court, not to exceed ten pages, explaining itsposition respecting subject matter jurisdiction by April 17, 2020 2. The Medical Defendants may submit a joint respon se, not to exceed ten pages, explaining their position respecting subject matter jurisdiction by May 1, 2020. In their letter, the Medical Defendants shall note any disagreements among the defendants on the issue of subject matter jurisdiction. (As further set forth in this Order.) (Signed by Judge Vincent L. Briccetti on 4/3/2020) (cf)
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November 19, 2018 |
Filing
208
MEMORANDUM OPINION AND ORDER: Accordingly, the Johnsen report shall be not precluded, and plaintiffs request for a pre-motion conference is DENIED. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/19/2018) (mml)
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November 14, 2017 |
Filing
131
OPINION AND ORDER re: 91 MOTION to Dismiss . filed by Westchester County Healthcare Corp. Defendant WCHC's motion to dismiss the third amended complaint against it is GRANTED. Defendant WCHC's motion to dismiss the cross-claim filed against it by TZC is DENIED. The Clerk is instructed to terminate the pending motion. (Doc. #91). So Ordered. (Signed by Judge Vincent L. Briccetti on 11/13/17) (yv)
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