| -- |
Filed: 11/26/2002, Entered: 11/27/2002 |
Case Designation |
|
Magistrate Judge Debra C. Freeman is so designated. (jol)
|
|
|
| 1 |
Filed: 11/26/2002, Entered: 11/27/2002 |
Complaint |
|
COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 458142. (jol)
|
|
|
| 2 |
Filed: 3/4/2003, Entered: 3/6/2003 |
Amended Complaint |
|
AMENDED VERIFIED COMPLAINT by Jose Pacheco (Answer due 3/14/03 for Jeannette Hicks, for Patricia Votta, for N.Y. Presbyterian amending [1-1] complaint. (tp)
|
|
|
| 3 |
Filed: 3/14/2003, Entered: 3/17/2003 |
Endorsed Letter |
 |
|
Memo-Endorsement on letter addressed to Judge Hellerstein from Juliette Chinoud, dated 03/11/03; the conference is adjourned to May 2, 2003 at 9:30 a.m. ; ( signed by Judge Alvin K. Hellerstein ); (djc)
|
|
|
| 4 |
Filed: 3/28/2003, Entered: 3/31/2003 |
Marshal's Process Receipt and Return of Service Ex |
|
RETURN OF SERVICE of summons and complaint executed as to Jeannette Hicks by affixing to apartment door and mailed to residence on 3/20/03. Answer due on 4/9/03 for Jeannette Hicks. (sb)
|
|
|
| 5 |
Filed: 3/28/2003, Entered: 3/31/2003 |
Marshal's Process Receipt and Return of Service Ex |
|
RETURN OF SERVICE of summons and complaint executed as to Patricia Votta by "Manny" and mailed to her place of business on 3/17/03. Answer due on 4/7/03 for Patricia Votta. (sb)
|
|
|
| 6 |
Filed: 4/1/2003, Entered: 4/2/2003 |
Rule 7.1 Corporate Disclosure Statement |
|
RULE 7.1 CERTIFICATE filed by N.Y. Presbyterian. (jco)
|
|
|
| 7 |
Filed: 4/4/2003, Entered: 4/4/2003 |
Stipulation and Order |
|
|
STIPULATION and ORDER, All defendants' time to answer, move or otherwise respond to the complaint is enlarged to and including 4/21/03. ( signed by Judge Alvin K. Hellerstein ) (sb)
|
|
|
| -- |
Filed: 5/2/2003, Entered: 5/6/2003 |
Pretrial Conference - Initial |
|
PRETRIAL CONFERENCE held on 5/2/03 before Judge Alvin K. Hellerstein. (sb)
|
|
|
| -- |
Filed: 5/2/2003, Entered: 5/6/2003 |
Pretrial Conference - Initial |
|
PRETRIAL CONFERENCE set at 10:00 5/16/03 before Judge Alvin K. Hellerstein. (sb)
|
|
|
| 8 |
Filed: 5/2/2003, Entered: 5/6/2003 |
Memorandum to the Docket Clerk |
|
|
Memorandum to Docket Clerk: Pretrial conference held on 5/2/03 before Judge Hellerstein. Next conference scheduled for 5/16/03 at 10:00 a.m. (sb)
|
|
|
| 9 |
Filed: 5/5/2003, Entered: 5/6/2003 |
Stipulation and Order |
|
|
STIPULATION and ORDER, reset answer to complaint due for 5/2/03 for N.Y. Presbyterian, for Patricia Votta . ( signed by Judge Alvin K. Hellerstein ) (ae)
|
|
|
| 10 |
Filed: 5/16/2003, Entered: 5/20/2003 |
Endorsed Letter |
|
|
Memo-Endorsement on letter addressed to Judge Hellerstein from Juliette Chinaud, dated 5/13/03. Reset pretrial conference for 9:30 a.m. on 6/20/03 . ( signed by Judge Alvin K. Hellerstein ); (kw)
|
|
|
| 11 |
Filed: 5/21/2003, Entered: 5/23/2003 |
Memo Endorsement |
|
|
MEMO-ENDORSEMENT on Request for adjournment of Court Conference; reset pretrial conference for 9:30 6/27/03 . ( signed by Judge Alvin K. Hellerstein ); (pl)
|
|
|
| -- |
Filed: 6/27/2003, Entered: 6/30/2003 |
Pretrial Conference - Initial |
|
PRETRIAL CONFERENCE held before Judge Alvin K. Hellerstein . (db)
|
|
|
| 12 |
Filed: 6/27/2003, Entered: 6/30/2003, Terminated: 10/21/2003 |
Motion to Dismiss |
|
NOTICE OF MOTION by N.Y. Presbyterian, Patricia Votta for an order pursuant to Rule 12(c) pf the FRCP to dismiss the complaint . Return Date not indicated. (moc)
|
|
|
| 13 |
Filed: 6/27/2003, Entered: 6/30/2003 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW by N.Y. Presbyterian, Patricia Votta in support of [12-1] motion for an order pursuant to Rule 12(c) pf the FRCP to dismiss the complaint . (moc)
|
|
|
| 14 |
Filed: 6/27/2003, Entered: 6/30/2003 |
Memorandum to the Docket Clerk |
|
|
Memorandum to Docket Clerk: pretrial conference held before Judge Hellerstein on 6/27/03. Opposition to motion to dismiss to be filed by 8/1/03 and reply by 8/18/03. (db)
|
|
|
| 15 |
Filed: 8/12/2003, Entered: 8/13/2003 |
Motion for Leave to File Document |
|
NOTICE OF MOTION by Jose Pacheco; for an Order pursuant to serve and file the appended proposed Second Amended Complaint ; pursuant to F.R.C.P. Rule 12(c) striking the affidavit of Jose Labarca ; or in the alternative pursuant to F.R.C.P. 56(f) staying the time for response and determination of the motion for judgment on the pleadings pending the completion of necessary discovery . Return Date 8/27/03 at 4:00 p.m. (jco)
|
|
|
| 16 |
Filed: 8/12/2003, Entered: 8/13/2003 |
Memorandum of Law in Opposition to Motion |
|
MEMORANDUM OF LAW by Jose Pacheco in opposition to defendants' motion for judgment on the pleadings and in support of cross-motions. (jco)
|
|
|
| 17 |
Filed: 8/13/2003, Entered: 8/18/2003 |
Amended Complaint |
|
SECOND AMENDED COMPLAINT by Jose Pacheco (Answer due 8/25/03 for Jeannette Hicks, for Patricia Votta, for N.Y. Presbyterian ) amending [1-1] complaint . Summons issued. (yv)
|
|
|
| 18 |
Filed: 8/19/2003, Entered: 8/20/2003 |
Endorsed Letter |
|
|
Memo-Endorsement on letter addressed to Judge Hellerstein from David E. Prager, dated 08/18/03; Defendants' Reply to Response to Motion reset for 9/4/03 re: [12-1] motion for order pursuant to Rule 12(c) pf the FRCP to dismiss the complaint ; Respone to plaintiff's cross-motions reset to 09/04/03 ; Oral argument is adjourned frm August 27, 2003 to October 16, 2003 at 10:00 a.m. ; ( signed by Judge Alvin K. Hellerstein ); (djc)
|
|
|
| 19 |
Filed: 8/22/2003, Entered: 8/26/2003 |
Endorsed Letter |
|
|
Memo-Endorsement on letter addressed to Judge Alvin K. Hellerstein from David Prager, dated 8/18/03. Re:, counsel for dfts request that their reply memorandum in support of dfts' motion to dismiss be adjourned to 9/4/03; and oral argument be extended to a date after 9/22/03 , Motion granted. Oral argument will be held 10/16/03 at 10:00 a.m. by Judge Alvin K. Hellerstein ); (dle)
|
|
|
| 20 |
Filed: 9/4/2003, Entered: 9/9/2003 |
Reply Memorandum of Law |
|
REPLY MEMORANDUM by N.Y. Presbyterian, Patricia Votta re: [12-1] motion for an order pursuant to Rule 12(c) pf the FRCP to dismiss the complaint . (cd)
|
|
|
| -- |
Filed: 10/16/2003, Entered: 11/4/2003 |
Oral Argument |
|
Oral argument held and concluded on 10/16/03 before Judge Alvin K. Hellerstein. (ph)
|
|
|
| 21 |
Filed: 10/21/2003, Entered: 10/23/2003 |
Order |
|
|
ORDER denying [12-1] motion for an order pursuant to Rule 12(c) of the FRCP to dismiss the complaint; joining of parties,amended pleadings on 11/6/03; Deft Hicks msut notify plntf of any deficiency with service of process by 10/22/03; Deadline for filing of any motion regarding service shall be fld by 10/24/03 set case management conference for 9:30 11/21/03 ( signed by Judge Alvin K. Hellerstein ); (cd)
|
|
|
| 22 |
Filed: 10/31/2003, Entered: 11/4/2003 |
Endorsed Letter |
|
|
Memo-Endorsement on letter addressed to Judge Hellerstein from David E. Prager, dated 10/22/03. Re: defendants request a period of 15 days to attempt to resolve this issue, and to determine whether to answer or move on Ms. Hicks' behalf. Rejected, w/out prejudice to resubmission on a joint motion for agreed or alternative relief. See my chambers rules . ( signed by Judge Alvin K. Hellerstein ); (kw)
|
|
|
| 23 |
Filed: 11/12/2003, Entered: 11/17/2003 |
Amended Complaint |
|
THIRD AMENDED VERIFIED COMPLAINT by Jose Pacheco (Answer due 11/24/03 for Jeannette Hicks, for Patricia Votta, for N.Y. Presbyterian ) amending [1-1] complaint . Summons issued. (djc)
|
|
|
| -- |
Filed: 11/21/2003, Entered: 12/9/2003 |
Set/Reset Scheduling Order Deadlines |
|
Set/Reset Scheduling Order Deadlines: Pretrial Conference set for 6/4/2004 09:30 AM before Judge Alvin K. Hellerstein. (pl, )
|
|
|
| 25 |
Filed: 11/21/2003, Entered: 12/9/2003 |
Pretrial Conference - Interim |
|
|
Minute Entry for proceedings held before Judge Alvin K. Hellerstein : Interim Pretrial Conference held on 11/21/2003. Next conference set for 6/4/04 @9:30 a.m. (pl, )
|
|
|
| 24 |
Filed: 11/26/2003, Entered: 12/3/2003 |
Case Management Plan |
|
|
Civil Case Management Plan: the case is to be tried by a jury; all non-expert discovery is to be completed by 4/30/04; joining of parties 11/5/03 and amending of pleadings may be filed without leave of the Court until service of answer to Third Amended Complaint. The last day for filing dispositive motions shall be 5/31/04. Counsel for the parties shallmeet on at the office of plaintiff's counsel to discuss settlement. The date for the meeting is 5/10/04 at 10:30 a.m. Case management Conference will be held on 6/4/04 at 9:30 a.m. (Signed by Judge Alvin K. Hellerstein on 11/24/03) (kw, )
|
|
|
| 26 |
Filed: 12/12/2003, Entered: 12/12/2003 |
Transcript |
|
|
TRANSCRIPT of proceedings held on 10/16/03 before Judge Alvin K. Hellerstein.(pr, )
|
|
|
| 27 |
Filed: 12/18/2003, Entered: 12/23/2003 |
Answer to Amended Complaint |
|
ANSWER to Third Amended Complaint. Document filed by New York Presbyterian Hospital. Related document: [23] Amended Complaint filed by Jose Pacheco.(Gencarello, John)
|
|
|
| 28 |
Filed: 12/18/2003, Entered: 12/30/2003 |
Answer to Complaint |
|
ANSWER to the Fourth Amended Complaint. Document filed by New York Presbyterian Hospital.(ae, )
|
|
|
| -- |
Filed: 5/24/2004, Entered: 5/25/2004 |
Set/Reset Deadlines |
|
Set/Reset Deadlines: Discovery due by 7/7/2004. Motions due by 8/6/2004. (tp, )
|
|
|
| 29 |
Filed: 5/24/2004, Entered: 5/25/2004 |
Endorsed Letter |
|
|
ENDORSED LETTER addressed to Judge Hellerstein from David E. Prager dated 5/19/04 re: Revised Schedule Accepted. Motion Granted. Non-expert discovery due 7/7/04; Dispositive motions 8/6/04; Settlememtn Meeting 7/12/04; Court Conference 8/13/04 at 9:30 a.m. (Signed by Judge Alvin K. Hellerstein on 5/20/04) (tp, )
|
|
|
| 30 |
Filed: 6/8/2004, Entered: 6/8/2004 |
Consent Order |
|
|
CONSENT ORDER TO CHANGE ATTORNEY; that James S. Frank, Esq. and Sills Cummis Epstein & Gross PC of 399 Park Avenue, New York 10021 is substituted as attorney of record for The New York and Presbyterian Hospital in place of Phillips Nizer LLP. (Signed by Judge Alvin K. Hellerstein on 6/4/04) (sac, )
|
|
|
| -- |
Filed: 7/16/2004, Entered: 7/16/2004 |
Set Deadlines/Hearings |
|
Set Deadlines/Hearings: Non-Expert Discovery due by 8/6/2004. Dispositive Motions due by 9/6/2004. (djc, )
|
|
|
| 31 |
Filed: 7/16/2004, Entered: 7/16/2004 |
Endorsed Letter |
|
|
ENDORSED LETTER addressed to Judge Hellerstein from Aaron Frishberg dated July 12, 2004 re: granting counsel's motion for an additional thirty days to the dates in the Civil Case management Plan as Follows: non-expert discovery - Aug. 6, 2004; Settlement meeting - Aug. 11, 2004; Dispositive motions - 9/06/04; Court Conference - 09//24/04 at 9:30 a.m. No further adjrounments. (Signed by Judge Alvin K. Hellerstein on 7/15/04) (djc, )
|
|
|
| -- |
Filed: 7/26/2004, Entered: 7/26/2004 |
Set Deadlines/Hearings |
|
Set Deadlines/Hearings: Motions due by 9/24/2004. Case Management Conference set for 10/22/2004 09:30 AM before Judge Alvin K. Hellerstein. (jsa, )
|
|
|
| 32 |
Filed: 7/26/2004, Entered: 7/26/2004 |
Endorsed Letter |
|
|
ENDORSED LETTER addressed to Judge Hellerstein from Aaron Frishberg dated 7/12/2004 re: non expert discoery dated to conclude 8/6/2004: settlement meeting to be held by 8/11/2004; dispositive motions to be filed by 9/24/2004 and Court conference to be held on 10/22/2004 at 9:30am. Request granted. (Signed by Judge Alvin K. Hellerstein on 7/21/2004) (jsa, )
|
|
|
| 33 |
Filed: 9/14/2004, Entered: 9/15/2004 |
Motion for Summary Judgment |
|
NOTICE OF MOTION for Summary Judgment..attached Rule 56.1 Statement..(Oral Argument Requested). Document filed by New York Presbyterian Hospital. (pa, )
|
|
|
| 34 |
Filed: 9/14/2004, Entered: 9/15/2004 |
Affirmation in Support of Motion |
|
AFFIRMATION of William R. Horwitz in Support re: [33] MOTION for Summary Judgment.. Document filed by New York Presbyterian Hospital. (pa, )
|
|
|
| 35 |
Filed: 9/14/2004, Entered: 9/15/2004 |
Affidavit in Support of Motion |
|
AFFIDAVIT of Patricia Votta in Support re: [33] MOTION for Summary Judgment.. Document filed by New York Presbyterian Hospital. (pa, )
|
|
|
| 36 |
Filed: 9/14/2004, Entered: 9/15/2004 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW in Support re: [33] MOTION for Summary Judgment.. Document filed by New York Presbyterian Hospital. (pa, )
|
|
|
| -- |
Filed: 9/17/2004, Entered: 9/17/2004 |
Mail Notice to Attorney(s) |
|
Mailed notice to the attorney(s) of record. (gf, )
|
|
|
| 37 |
Filed: 9/17/2004, Entered: 9/17/2004 |
Notice of Case Assignment/Reassignment |
|
|
NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Alvin K. Hellerstein no longer assigned to the case. (gf, )
|
|
|
| 38 |
Filed: 10/27/2004, Entered: 10/28/2004 |
Order |
|
|
ORDER re: [33] MOTION for Summary Judgment. filed by New York Presbyterian Hospital, Set Deadlines/Hearing as to [33] MOTION for Summary Judgment: Responses due by 10/25/2004 Replies due by 11/5/2004. The 10/22/2004 Case Management Conference is adjourned. No further extensions. (Signed by Judge Kenneth M. Karas on 10/13/2004) (jp, )
|
|
|
| -- |
Filed: 10/28/2004, Entered: 10/29/2004 |
Set Deadlines/Hearings |
|
Set Deadlines/Hearings: Responses due by 11/1/2004 (jsa, )
|
|
|
| 39 |
Filed: 10/28/2004, Entered: 10/29/2004 |
Endorsed Letter |
|
|
ENDORSED LETTER addressed to Judge Karas from Aaron Frishberg dated 10/26/2004 : re Extension until 11/1/2004 is granted. No further extensions will be granted. Defendant will be given the same amount of time had it been originally given. So Ordered (Signed by Judge Kenneth M. Karas on 10/25/2004 nunc pro tunc) (jsa, )
|
|
|
| 40 |
Filed: 11/3/2004, Entered: 11/3/2004 |
Memorandum of Law in Opposition to Motion |
|
MEMORANDUM OF LAW in Opposition re: [33] MOTION for Summary Judgment.. Document filed by Jose Pacheco. (pa, )
|
|
|
| -- |
Filed: 11/10/2004, Entered: 11/12/2004 |
Set Deadlines/Hearings |
|
Set Deadlines/Hearings: Replies due by 11/15/2004. (jsa, )
|
|
|
| 41 |
Filed: 11/10/2004, Entered: 11/12/2004 |
Endorsed Letter |
|
|
ENDORSED LETTER addressed to Judge Karas from Davdi E. Prager dated 11/8/2004 re: Defendant's application to extend the time to reply to plaintiffs' response is granted until 11/15/2004. No more extensions will be granted absent good cause. (Signed by Judge Kenneth M. Karas on 11/10/2004) (jsa, )
|
|
|
| 43 |
Filed: 11/15/2004, Entered: 11/18/2004 |
Reply Memorandum of Law in Support of Motion |
|
REPLY MEMORANDUM OF LAW in Support re: [33] MOTION for Summary Judgment. Document filed by New York Presbyterian Hospital. (kw, )
|
|
|
| 42 |
Filed: 11/16/2004, Entered: 11/17/2004 |
Endorsed Letter |
|
|
ENDORSED LETTER addressed to Judge Karas from David E. Prager dated 11/11/04 re: request that defendant's reply brief be permitted to exceed Your Honor's 10 page limit. The request for 4 pages to add to the reply is granted (Signed by Judge Kenneth M. Karas on 11/12/04) (yv, )
|
|
|
| 44 |
Filed: 2/4/2005, Entered: 2/11/2005 |
Affirmation |
|
AFFIRMATION of Steven M. Post. Document filed by New York Presbyterian Hospital. (fk, )
|
|
|
| 45 |
Filed: 10/27/2005, Entered: 10/27/2005 |
Order |
|
|
ORDER SETTING MOTION ARGUMENT: Oral Argument on the outstanding motions in this case is set for 12/2/2005 at 02:30 PM before Judge Kenneth M. Karas in Courtroom 21D, 500 Pearl Street, New York, New York. (Signed by Judge Kenneth M. Karas on 10/25/2005) (lb, )
|
|
|
| 46 |
Filed: 11/14/2005, Entered: 11/15/2005 |
Notice of Change of Address |
|
NOTICE of Change of Address by James Stuart Frank on behalf of New York Presbyterian Hospital. New Address: Sills Cummis Epstein & Gross, P.C., 30 Rockefeller Plaza, New York, NY, 10112. (sac, )
|
|
|
| -- |
Filed: 12/2/2005, Entered: 12/15/2005 |
Oral Argument |
|
Minute Entry for proceedings held before Judge Kenneth M. Karas : Oral Argument held on 12/2/2005 re: [33] MOTION for Summary Judgment. filed by New York Presbyterian Hospital,. For plaintiff Aaron David Frishberg; for dfts David Prager & James Frank, both attorneys at Sills Cummis located at 30 Rockefeller Plaza see document #46. Court Reporter: Ann Hairston. Case called for argument on dft's motion for summary judgment. Argument held. Decision reserved. The front of the docket should reflect: 11/14/05 46 Notice of change of Address by James Stuart Frank on behalf of New York Presbyterian Hospital. New Address: Sills Cummis Epstein & Gross, P.C., 30 Rockefeller Plaza New York, NY 10112(sac)(Entered: 11/15/05). (dle, )
|
|
|
| 47 |
Filed: 1/4/2006, Entered: 1/4/2006 |
Transcript |
|
|
TRANSCRIPT of proceedings held on 12/02/05 before Judge Kenneth M. Karas. (es, )
|
|
|
| 48 |
Filed: 12/19/2006, Entered: 12/20/2006 |
Stipulation and Order |
|
|
STIPULATION OF SUBSTITUTION OF COUNSEL Epstein Becker & Green, P.C. be substituted as attorneys of record for defendant in this action in place and instead of Sills Cummis Epstein & Gross, P.C. So Ordered. (Signed by Judge Kenneth M. Karas on 12/12/06) (jco, )
|
|
|
| -- |
Filed: 9/4/2007, Entered: 9/11/2007 |
Mail Notice to Attorney(s) |
|
Mailed notice of reassignment to the attorney(s) of record. (fk)
|
|
|
| 49 |
Filed: 9/4/2007, Entered: 9/11/2007 |
Notice of Case Assignment/Reassignment |
|
|
NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas' White Plains Docket. (fk)
|
