Kimberly Hayward et al., v. Catholic Health Systems et al.,
| Kimberly Hayward, Justin Parker, Diane Peach, Abouyea Thornton, Jessica Whitt and Sarah Yohn |
| Catholic Health Systems/Mercy Hospital of Buffalo, Catholic Health Systems, Mercy Hospital of Buffalo, Metz Culinary Management, Inc, Lisa Robert and Bilton Lands |
| 1:2021cv01033 |
| September 17, 2021 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| Lawrence J Vilardo |
| Civil Rights: Jobs |
| 28 U.S.C. § 451 Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 5, 2023. A more recent docket listing may be available from PACER.
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Filing 50
NOTICE of Withdrawal of Attorney: Jennifer R. Scharf no longer appearing for Plaintiffs Kimberly Hayward, Justin Parker, Diane Peach, Abouyea Thornton, Jessica Whitt, Sarah Yohn. CLERK TO FOLLOW UP. (Coppola, Lisa)
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Filing 49
SECOND AMENDED CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Fact discovery to be completed by April 17, 2023. Dispositive motions due by October 2, 2023. Signed by Hon. Jeremiah J. McCarthy on 3/10/2023. (EG)
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Filing 48
Letter MOTION for Extension of Time to Complete Discovery filed by Kimberly Hayward, Justin Parker, Diane Peach, Abouyea Thornton, Jessica Whitt, Sarah Yohn as to Bilton Lands, Metz Culinary Management, Inc, Mercy Hospital of Buffalo, Catholic Health Systems, Lisa Robert to amend Case Scheduling Order. (Attachments: #1 Text of Proposed Order Proposed Second Amended Case Scheduling Order)(Crowley, Danielle) Converted to motion on 3/10/2023 (EG).
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Filing 47
TEXT ORDER: In accordance with today's telephonic conference, plaintiff Abouyea Thornton's criminal attorney, Robert Steinhaus, Esq. may attend Mr. Thorntons February 27, 2023 deposition and assert objections in order to protect his privilege against self-incrimination, which will be binding upon him in this action. The parties reserve their right to seek a stay of proceedings or other appropriate relief (potentially including extension of the deadlines of the Amended Case Management Order #43 ) following the completion of Mr. Thornton's deposition. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/21/23. (MDY)
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Filing 46
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status conference held by teleconference on 2/21/2023. Parties discuss discovery issues raised in letters filed February 15, 2023. Text Order to follow. APPEARANCES: D. Crowley for plaintiffs; M. Hickey for defendants Catholic Health and Mercy Hospital; B. Sabharwal for defendants Metz Culinary Management, Lisa Robert, and Bilton Lands; R. Steinhouse also present. (AT&T) (JD)
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Filing 45
TEXT ORDER: A teleconference to discuss the issues raised in plaintiffs' February 15th letter is set for February 21, 2023 at 11:00 AM before Hon. Jeremiah J. McCarthy. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/16/2023. (EG)
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Filing 44
Letter filed by Metz Culinary Management, Inc as to Bilton Lands, Metz Culinary Management, Inc, Mercy Hospital of Buffalo, Catholic Health Systems, Lisa Robert in response to Plaintiff Thornton deposition. (Sabharwal, Bhavleen)
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Filing 43
AMENDED CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Fact discovery by March 17, 2023. Pretrial motions by August 30, 2023. Signed by Hon. Jeremiah J. McCarthy on 1/5/2023. (EG)
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Filing 42
TEXT ORDER: In accordance with today's telephonic conference, defendants' unopposed motion #39 is granted. Pursuant to Fed. R. Civ. P. 30(a)(2)(B), defendants are granted leave to depose plaintiff Abouyea Thornton. The logistics of conducting the deposition remotely will be left to the parties and facility. If suitable arrangements cannot be agreed upon or are unavailable, the parties shall notify my chambers and a further conference will be scheduled. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/5/23. (MDY)
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Filing 41
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 1/5/2023. Counsel for the parties appear by telephone. Plaintiffs do not oppose defendants' motion for deposition. The parties to work out details. Text Order to follow. The court grants extension of fact discovery deadline. Amended CMO to follow. APPEARANCES (by phone): Lisa Coppola and Danielle Crowley for plaintiffs; Michael Hickey, Riane Lafferty for defendants (Court Reporter AT&T) (EG)
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Filing 40
TEXT ORDER: A teleconference regarding defendant's motion for a deposition #39 is set for 1/5/2023 at 3:00 PM before Hon. Jeremiah J. McCarthy. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/4/2023. (EG)
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Filing 39
MOTION to Take Deposition from Plaintiff Abouyea Thornton by Catholic Health Systems, Mercy Hospital of Buffalo. (Attachments: #1 Declaration, #2 Exhibit A - Article, #3 Exhibit B - E-mail)(Hickey, Michael)
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Filing 38
Mediation Certification by Ann E. Evanko. (Evanko, Ann)
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Filing 37
NOTICE of Appearance by Danielle Katherine Crowley on behalf of All Plaintiffs (Crowley, Danielle)
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Filing 36
Notice of Substitution of Counsel: Bhavleen Sabharwal is substituted for Bhavleen Sabharwal. CLERK TO FOLLOW UP. (Sabharwal, Bhavleen)
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Filing 35
Mediation Certification by Ann E. Evanko. The case has not settled mediation will continue on 11/17/2022.(Evanko, Ann)
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Filing 34
CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.). Signed by Hon. Jeremiah J. McCarthy on 2/4/22. (MDY)
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Filing 33
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Initial Pretrial Conference held on 2/4/2022. Counsel for the parties appear by telephone. Case Management Order (CMO) dates discussed and set. CMO to follow. The court instructs the parties that good cause must be shown to amend CMO dates. The court also informs the parties of its informal discovery dispute resolution procedures, and encourages them to consent to magistrate judge jurisdiction over the case. APPEARANCES (by telephone): Lisa Coppola for plaintiffs; Michael Hickey, Bhavleen Sabharwal for defendants. (AT&T) (EG)
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E-Filing Notification: regrading #31 Proposed Pretrial Order. This was entered on the docket using the incorrect event and has been corrected by court staff. For future reference, please use the Stipulation-Selection of Mediator event when filing these items. (CGJ)
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Filing 32
Stipulation-Selection of Mediator by Kimberly Hayward, Justin Parker, Diane Peach, Abouyea Thornton, Jessica Whitt, Sarah Yohn. (CGJ)
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Filing 31
Proposed Pretrial Order Mediator Selection by Kimberly Hayward, Justin Parker, Diane Peach, Abouyea Thornton, Jessica Whitt, Sarah Yohn. (Scharf, Jennifer)
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Filing 30
Proposed Pretrial Order Proposed Case Management Order by Kimberly Hayward, Justin Parker, Diane Peach, Abouyea Thornton, Jessica Whitt, Sarah Yohn. (Scharf, Jennifer)
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Filing 29
DECISION AND ORDER: For the reasons stated in the decision and order, defendants Catholic Health Systems' and Mercy Hospital of Buffalo's motion to dismiss, Docket Item #3 , is DENIED as moot. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/13/2022. (WMH)
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Filing 28
DEMAND for Trial by Jury by Kimberly Hayward, Justin Parker, Diane Peach, Abouyea Thornton, Jessica Whitt, Sarah Yohn. (Scharf, Jennifer)
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Filing 27
ORDER OF PRELIMINARY PRETRIAL CONFERENCE. Teleconference set for 2/4/2022 at 11:30 AM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 1/10/2022. (EG)
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Filing 26
TEXT REFERRAL ORDER - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/10/2022. (CMD)
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Filing 25
ANSWER to #8 Amended Complaint, by Bilton Lands.(Sabharwal, Bhavleen)
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Filing 24
AFFIDAVIT of Service for Summons & Amended Complaint served on Bilton Lands on 12/01/2021, filed by Kimberly Hayward, Justin Parker, Diane Peach, Abouyea Thornton, Jessica Whitt, Sarah Yohn. (Coppola, Lisa)
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Filing 23
Amended ANSWER to #8 Amended Complaint, by Metz Culinary Management, Inc, Lisa Robert.(Sabharwal, Bhavleen)
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Filing 22
Lisa Robert and Metz Culinary Management, Inc.'s ANSWER to #8 Amended Complaint, by Metz Culinary Management, Inc, Lisa Robert.(Sabharwal, Bhavleen)
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Filing 21
AFFIDAVIT of Service for Summons & Amended Complaint served on Lisa Robert on 10/25/2021, filed by Kimberly Hayward, Justin Parker, Diane Peach, Abouyea Thornton, Jessica Whitt, Sarah Yohn. (Coppola, Lisa)
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Filing 20
AFFIDAVIT of Service for Summons and Complaint (Summons & Amended Complaint) served on Metz Culinary Management, Inc. on 10/25/2021, filed by Kimberly Hayward, Justin Parker, Diane Peach, Abouyea Thornton, Jessica Whitt, Sarah Yohn. (Coppola, Lisa)
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ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)
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Filing 19
Corporate Disclosure Statement by Catholic Health Systems, Bilton Lands, Metz Culinary Management, Inc, Lisa Robert. (Sabharwal, Bhavleen)
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Filing 18
ANSWER to #8 Amended Complaint, by Catholic Health Systems, Mercy Hospital of Buffalo.(Hickey, Michael)
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Filing 17
CERTIFICATE OF SERVICE by Kimberly Hayward, Justin Parker, Diane Peach, Abouyea Thornton, Jessica Whitt, Sarah Yohn re #8 Amended Complaint, on Catholic Health Systems & Mercy Hospital of Buffalo (Coppola, Lisa)
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Filing 16
TEXT ORDER re: #15 letter regarding service. Defendants Metz Culinary Management, Inc., Lisa Robert, and Bilton Lands shall respond to the amended complaint within 14 days of service of the amended complaint. See Fed. R. Civ. P. 15(a)(3). SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/25/2021. (WMH)
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)
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Filing 15
Letter filed by Bilton Lands, Metz Culinary Management, Inc, Catholic Health Systems, Lisa Robert as to Bilton Lands, Metz Culinary Management, Inc, Mercy Hospital of Buffalo, Catholic Health Systems, Lisa Robert Letter to the Court regarding service. (Sabharwal, Bhavleen)
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Filing 14
Summons Issued as to Catholic Health Systems, Bilton Lands, Mercy Hospital of Buffalo, Metz Culinary Management, Inc, Lisa Robert. (CGJ)
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Filing 13
Original Summons Filed. (Attachments: #1 Supplement Summons - Mercy Hospital, #2 Supplement Summons - Bilton Lands, #3 Supplement Summons - Metz Culinary, #4 Supplement Summons - Lisa Robert)(Scharf, Jennifer)
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Filing 12
REPLY/RESPONSE to re #9 Response in Opposition to Motion, filed by Catholic Health Systems, Mercy Hospital of Buffalo. (Lafferty, Riane)
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Filing 11
AFFIDAVIT of Service for Summons and Complaint served on Bilton Lands on September 21, 2021, filed by Kimberly Hayward, Justin Parker, Diane Peach, Abouyea Thornton, Jessica Whitt, Sarah Yohn. (Coppola, Lisa)
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Filing 10
NOTICE of Appearance by Bhavleen Kaur Sabharwal on behalf of Bilton Lands, Metz Culinary Management, Inc, Lisa Robert (Sabharwal, Bhavleen)
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Filing 9
RESPONSE in Opposition re #3 MOTION to Dismiss Opposition Memorandum of Law filed by Kimberly Hayward, Justin Parker, Diane Peach, Abouyea Thornton, Jessica Whitt, Sarah Yohn. (Attachments: #1 Declaration Coppola Declaration, #2 Exhibit Exhibit A-Amended Complaint)(Coppola, Lisa)
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Filing 8
AMENDED COMPLAINT against All Defendants, filed by Kimberly Hayward, Sarah Yohn, Justin Parker, Abouyea Thornton, Diane Peach, Jessica Whitt. (Attachments: #1 Exhibit Ex A - Hayward Agency Documents, #2 Exhibit Ex B - Parker Agency Docs, #3 Exhibit Ex C - Peach Agency Docs, #4 Exhibit Ex D - Thornton Agency Docs, #5 Exhibit Ex E - Whitt Agency Docs)(Coppola, Lisa)
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Filing 7
REQUEST AND TEXT ORDER. Defendants Metz Culinary Management, Inc., Lisa Robert, and Bilton Lands request to extend their time to answer or otherwise make motions with respect to the complaint until 10/26/2021, is GRANTED. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/5/2021. (CMD)
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Filing 6
Corporate Disclosure Statement by Mercy Hospital of Buffalo. (Lafferty, Riane)
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Filing 5
Corporate Disclosure Statement by Catholic Health Systems. (Lafferty, Riane)
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)
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Filing 4
MEMORANDUM in Support re #3 MOTION to Dismiss filed by Catholic Health Systems, Mercy Hospital of Buffalo. (Attachments: #1 Declaration Declaration of Pietraszewski, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Hickey, Michael)
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Filing 3
MOTION to Dismiss by Catholic Health Systems, Mercy Hospital of Buffalo.(Hickey, Michael)
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Filing 2
NOTICE of Appearance by Riane F. Lafferty on behalf of Catholic Health Systems, Mercy Hospital of Buffalo (Lafferty, Riane)
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Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
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Filing 1
NOTICE OF REMOVAL by Catholic Health Systems/Mercy Hospital of Buffalo from Erie County Supreme Court, case number Index No. 811552/2021. (Filing fee $ 402 receipt number 0209-4363132), filed by Catholic Health Systems/Mercy Hospital of Buffalo. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A - Index, #3 Exhibit Exhibit B - Summons, #4 Exhibit Exhibit C - Complaint, #5 Exhibit Exhibit D - Robert AOS, #6 Exhibit Exhibit E - Mercy Hosp. AOS, #7 Exhibit Exhibit F - Metz Culinary Mgt AOS, #8 Exhibit Exhibit G - Catholic Health AOS, #9 Exhibit Exhibit H - Sabharwal NOA, #10 Exhibit Exhibit I - Stipulation, #11 Exhibit Exhibit J - Notice of Removal and Civil Cover Sheet)(Hickey, Michael)
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