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 42 |
Filed: 7/7/2011, Entered: None |
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CLERK'S JUDGMENT That for the reasons stated in the Court's Decision and Order dated July 6, 2011, Defendants' motion for summary judgment is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/7/11) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 07/07/2011)
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| 41 |
Filed: 7/6/2011, Entered: None |
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DECISION & ORDER, granting 30 Motion for Summary Judgment. Defendants' motion for summary judgment [#30] is granted. The Clerk of the Court is respectfully requested to close this case. (Signed by Judge Richard M. Berman on 7/6/11) (pl) (Entered: 07/06/2011)
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Request |
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| 40 |
Filed: 5/12/2011, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MEMORANDUM OF LAW in Opposition re: 30 FIRST MOTION for Summary Judgment. In Opposition. Document filed by Hilda Kennedy. (Attachments: # 1 Affidavit Statement of Rule 56.2)(Dalnoky, Paul) Modified on 5/13/2011 (db). (Entered: 05/12/2011)
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Request |
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| 39 |
Filed: 5/12/2011, Entered: None |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Summary Judgment In Opposition. Document filed by Hilda Kennedy. Responses due by 5/31/2011(Dalnoky, Paul) Modified on 5/13/2011 (db). (Entered: 05/12/2011)
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Request |
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| 38 |
Filed: 5/9/2011, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Paul Stuart Haberman dated 5/6/11 re: counsel for defendant respectfully request permission to file a reply affirmation in further support of our Motion for Summary Judgment that exceeds ten (l0) pages. ENDORSEMENT: Defendants' reply is not to exceed 13 pages and is due 5/9/11. ( Replies due by 5/9/2011.) (Signed by Judge Richard M. Berman on 5/6/11) (pl) (Entered: 05/09/2011)
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Request |
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| 37 |
Filed: 5/9/2011, Entered: None |
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REPLY AFFIDAVIT in Support re: 30 FIRST MOTION for Summary Judgment.. Document filed by Paul Chan, Edward Lai, Benjamin Levine, New York Presbyterian Hospital, Scott Warden. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Affidavit Affidavit)(Haberman, Paul) (Entered: 05/09/2011)
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| 36 |
Filed: 5/6/2011, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Paul Stuart Haberman dated 5/6/2011 re: Requesting permission to file reply papers that are no longer than thirteen (13) double spaced pages in length. In the event that the Court declines to extend the page limit, we respectfully request an additional two (2) days to file and serve a reply limited to ten (10) pages, to and including May 11, 2011. ENDORSEMENT: Defendants Reply is not to exceed 13 pages and is due 5/9/2011. (Signed by Judge Richard M. Berman on 5/6/2011) (jpo) (Entered: 05/06/2011)
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Request |
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| 35 |
Filed: 5/5/2011, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Paul B. Dalnoky dated 5/4/2011 re: Requesting that the Court allow the the late ECF filing sufficient time being provided in order to find out why the filing could not be done and to rectify the situation. ENDORSEMENT: Application granted. (Signed by Judge Richard M. Berman on 5/5/2011) (jpo) (Entered: 05/06/2011)
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Request |
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| 34 |
Filed: 4/12/2011, Entered: None |
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RULE 56.1 STATEMENT. Document filed by Paul Chan, Edward Lai, Benjamin Levine, New York Presbyterian Hospital, Scott Warden. (Attachments: # 1 Affidavit Affidavit of Service)(Haberman, Paul) (Entered: 04/12/2011)
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| 33 |
Filed: 4/11/2011, Entered: None |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Summary Judgment Statement of Material Facts Pursuant to Local Civil Rule 56.1. Document filed by Paul Chan, Edward Lai, Benjamin Levine, New York Presbyterian Hospital, Scott Warden. Responses due by 5/2/2011 (Attachments: # 1 Affidavit Affidavit of Service)(Haberman, Paul) Modified on 4/12/2011 (db). (Entered: 04/11/2011)
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Request |
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| 32 |
Filed: 4/11/2011, Entered: None |
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FIRST MEMORANDUM OF LAW in Support re: 30 FIRST MOTION for Summary Judgment.. Document filed by Paul Chan, Edward Lai, Benjamin Levine, New York Presbyterian Hospital, Scott Warden. (Attachments: # 1 Affidavit Affidavit of Service)(Haberman, Paul) (Entered: 04/11/2011)
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| 31 |
Filed: 4/11/2011, Entered: None |
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DECLARATION of Paul Stuart Haberman in Support re: 30 FIRST MOTION for Summary Judgment.. Document filed by Paul Chan, Edward Lai, Benjamin Levine, New York Presbyterian Hospital, Scott Warden. (Attachments: # 1 Affidavit Affidavit of Service)(Haberman, Paul) (Entered: 04/11/2011)
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| 30 |
Filed: 4/11/2011, Entered: None |
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FIRST MOTION for Summary Judgment. Document filed by Paul Chan, Edward Lai, Benjamin Levine, New York Presbyterian Hospital, Scott Warden. Responses due by 5/2/2011(Haberman, Paul) (Entered: 04/11/2011)
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Request |
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| 29 |
Filed: 4/4/2011, Entered: None |
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ORDER: Kennedy shall provide proper authorizations for Defendants to speak to Dr. Patel and Dr. Johnson by April 11, 2011; Kennedy is barred from presenting any evidence at trial or in opposition to a dispositive motion related to (a) the August 17,2007 letter written by Defendant Dr. Levine; and (b) any subsequent treatment providers for whom she has not provided HIPAA- compliant authorizations, including but not limited to Dr. Savillo; Kennedy shall provide Defendants with a calculation of damages by April 18, 2011. (Signed by Magistrate Judge Ronald L. Ellis on 4/4/2011) (jpo) (Entered: 04/04/2011)
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| 28 |
Filed: 2/15/2011, Entered: None |
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TRANSCRIPT of proceedings held on January 20, 2011 12:00 p.m. before Judge Richard M. Berman. (ajc) (Entered: 02/15/2011)
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| 27 |
Filed: 1/31/2011, Entered: None |
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ORDER, that Plaintiff Kennedy provide all outstanding authorizations for known healthcare providers and other discovery sources by February 8, 2011. (Signed by Magistrate Judge Ronald L. Ellis on 1/31/2011) (lnl) (Entered: 02/01/2011)
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| 26 |
Filed: 1/31/2011, Entered: None |
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ORDER: In an order dated September 29, 2010, this Court required that Plaintiff Hilda Kennedy produce her expert report by October 14, 2010. Kennedy has failed to produce an expert report, and, in a January 19, 2011 telephone conference with the Court, consented to preclusion from the use of an expert. IT IS HEREBY ORDERED that Kennedy is precluded from the use of an expert in this case. (Signed by Magistrate Judge Ronald L. Ellis on 1/31/2011) (lnl) (Entered: 01/31/2011)
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| 25 |
Filed: 11/15/2010, Entered: None |
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ENDORSED LETTER: addressed to Judge Richard M. Berman from Paul Stuart Haberman dated 11/15/2010 re: Counsel for defendant writes that he has been informed by Counsel for plaintiff that plaintiff wishes to appear by telephone. ENDORSEMENT: Application respectfully denied. All parties are to appear in person. So Ordered. (Signed by Judge Richard M. Berman on 11/15/2010) (js) (Entered: 11/16/2010)
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| 24 |
Filed: 10/13/2010, Entered: None |
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ENDORSED LETTER: addressed to Judge Richard M. Berman from Paul Stuart Haberman dated 10/12/2010 re: Counsel for defendants write to inquire as to whether the October 14, 2010 settlement conference will still go forward as scheduled, given Magistrate Judge Ellis' September 30, 2010 discovery order and the present posture of discovery. At this time juncture defendants are still unable to evaluate this matter to determine their position regarding settlement. ENDORSEMENT: The conference on 10/14/2010 is adjourned to 11/16/2010 at 10:00 a.m. So Ordered. (Signed by Judge Richard M. Berman on 10/13/2010) (js) (Entered: 10/14/2010)
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| 23 |
Filed: 9/30/2010, Entered: None |
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ORDER: IT IS HEREBY ORDERED that Kennedy produce an expert report on or before October 14, 2010, and that Defendants complete discovery of Plaintiffs expert by November 15, 2010. (Signed by Magistrate Judge Ronald L. Ellis on 9/29/2010) (jfe) (Entered: 09/30/2010)
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| 22 |
Filed: 9/9/2010, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Paul Stuart Haberman dated 9/8/10 re: counsel requests that the settlement conference in this matter, now scheduled for September 17, 2010 be adjourned to at least December 15, 2010. ENDORSEMENT: Defendants' request is respectfully denied. Parties are directed to attend the conference with principals. Any remaining discovery issues should be taken up with Judge Ellis prior to the conference. (Signed by Judge Richard M. Berman on 9/9/10) (djc) (Entered: 09/09/2010)
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| 21 |
Filed: 5/5/2010, Entered: None |
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ORDER, that the Parties appear for a telephonic conference with the Court on May 19, 2010, at 12:00 p.m. On the day of the conference, the Parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, 500 Pearl Street, Suite 1970, at 212-805-0242. Upon receipt of this order, if you need further information direct inquiries to Michael Brantley, 212-805-0242. (Signed by Magistrate Judge Ronald L. Ellis on 5/5/10) (pl) (Entered: 05/06/2010)
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| 20 |
Filed: 4/28/2010, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Paul Stuart Haberman dated 4/27/2010 re: Counsel request that the settlement conference currently scheduled for 5/3/2010 be adjourned until 7/10/2010 and that the Parties be given a two month extension of the discovery deadline, to 6/30/2010. ENDORSEMENT: Discovery extended to 6/30/2010. FINAL extension. Settlement conference adjourned to 7/5/10 at 9:30 am. (Discovery due by 6/30/2010. Settlement Conference set for 7/5/2010 at 09:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 4/28/2010) (tro) (Entered: 04/29/2010)
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| 19 |
Filed: 3/18/2010, Entered: None |
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ANSWER to Amended Complaint with JURY DEMAND. Document filed by New York Presbyterian Hospital. (Attachments: # 1 Affidavit of Service)(Haberman, Paul) (Entered: 03/18/2010)
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| 18 |
Filed: 3/18/2010, Entered: None |
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ANSWER to Amended Complaint with JURY DEMAND. Document filed by Benjamin Levine. (Attachments: # 1 Affidavit of Service)(Haberman, Paul) (Entered: 03/18/2010)
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| 17 |
Filed: 3/18/2010, Entered: None |
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ANSWER to Amended Complaint with JURY DEMAND. Document filed by Edward Lai. (Attachments: # 1 Affidavit of Service)(Haberman, Paul) (Entered: 03/18/2010)
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| 16 |
Filed: 3/18/2010, Entered: None |
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ANSWER to Amended Complaint with JURY DEMAND. Document filed by Paul Chan. (Attachments: # 1 Affidavit of Service)(Haberman, Paul) (Entered: 03/18/2010)
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| 15 |
Filed: 2/26/2010, Entered: None |
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ENDORSED LETTER: addressed to Judge Richard M. Berman from Paul Stuart Haberman dated 2/25/2010 re: Counsel for defendant requests an adjournment of the settlement conference in this matter, now scheduled for March 1, 2010, be adjourned to June 29, 2010 and that the parties be given a four month extension of the discovery deadline, to June 25, 2010. ENDORSEMENT: Conference on 3/1 is adjourned to 5/3 at 9:30 a.m. So Ordered. (Signed by Judge Richard M. Berman on 2/26/2010) (js) (Entered: 03/01/2010)
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| 14 |
Filed: 2/25/2010, Entered: None |
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ORDER, Fact Discovery due by 4/30/2010. (Signed by Magistrate Judge Ronald L. Ellis on 2/25/10) (cd) (Entered: 02/25/2010)
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| 13 |
Filed: 2/8/2010, Entered: None |
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ORDER that the Parties appear for a telephonic conference with the Court on February 17, 2010, at 3:00 p.m. On the day of the conference, the Parties will jointly place a telephone call to the chambers of Judge Ronald L Ellis, 500 Pearl Street, Suite 1970, at 212-805-0242. Upon receipt of this order, if you need further information direct inquiries to Michael Brantley, 212-805-0242. SO ORDERED ( Telephone Conference set for 2/17/2010 at 03:00 PM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 2/3/2010) (jmi) Modified on 2/9/2010 (jmi). (Entered: 02/09/2010)
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| 12 |
Filed: 1/29/2010, Entered: None |
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AMENDED COMPLAINT amending 2 Complaint against Weill Cornell Medical College, New York Presbyterian Hospital, Edward Lai, Benjamin Levine, Paul Chan, Scott Warden.Document filed by Hilda Kennedy. Related document: 2 Complaint filed by Hilda Kennedy.(rdz) Modified on 2/25/2010 (rdz). (Entered: 02/02/2010)
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| 11 |
Filed: 1/20/2010, Entered: None |
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ORDER: that the Parties appear for a telephonic conference with the Court on February 3, 2010, at 3:00 p.m. On the day of the conference, the Parties will jointly place a telephone call to the chambers of Judge Ronald L Ellis, 500 Pearl Street, Suite 1970, at 212-805-0242. Upon receipt of this order, if you need further information direct inquiries to Michael Brantley, 212-805-0242. SO ORDERED. (Signed by Magistrate Judge Ronald L. Ellis on 1/20/2010) (tve) Modified on 1/27/2010 (tve). (Entered: 01/20/2010)
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| 10 |
Filed: 1/19/2010, Entered: None |
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ORDER: IT IS HEREBY ORDERED that discovery shall be completed in this case by March 31, 2010. (Signed by Magistrate Judge Ronald L. Ellis on 1/9/2010) (jfe) (Entered: 01/19/2010)
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| 9 |
Filed: 1/4/2010, Entered: None |
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ENDORSED LETTER addressed to Michael Brantley from Paul B. Dalnoky dated 12/29/09 re: counsel for plaintiff writes that as you may recall, I am unable to personally attend January 5, 2010, at 10:00 a.m., conference for medical reasons. As such, I respectfully request that I be allowed to attend by phone. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Ronald L. Ellis on 1/4/09) (pl) (Entered: 01/04/2010)
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| 8 |
Filed: 12/3/2009, Entered: None |
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PRETRIAL CONFERENCE ORDER This action has been referred to Magistrate Judge Ronald L Ellis for GENERAL PRETRIAL A CONFERENCE WILL BE HELD IN THIS CASE BY THE JUDGE ON JANUARY 5, 2010, AT 10:00 A.M. IN COURTROOM 18D, 500 PEARL STREET. All counsel must be present. SO ORDERED( Pretrial Conference set for 1/5/2010 at 10:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 12/3/2009) (jmi) Modified on 12/10/2009 (jmi). (Entered: 12/04/2009)
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| 7 |
Filed: 10/12/2009, Entered: None |
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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). Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Richard M. Berman on 10/9/09) (pl) (Entered: 10/13/2009)
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| 6 |
Filed: 10/9/2009, Entered: None |
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CASE MANAGEMENT PLAN: Joinder of additional parties by 20 days a er initial disclosures. Amended pleadings by 20 days after initial disclosures. All discovery to be expeditiously completed by 2/26/2010. Take up discovery issues with magistrate judge. Settlement Conference with principals set for 3/1/2010 at 09:00 AM before Judge Richard M. Berman. SO ORDERED. (Signed by Judge Richard M. Berman on 10/9/2009) (tve) (Entered: 10/09/2009)
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| 5 |
Filed: 9/14/2009, Entered: None |
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ANSWER to Complaint with JURY DEMAND. Document filed by New York Presbyterian Hospital. (Attachments: # 1 Affidavit of Service)(Haberman, Paul) (Entered: 09/14/2009)
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Request |
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| 4 |
Filed: 9/14/2009, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. no Corporate Parent. Document filed by New York Presbyterian Hospital.(Haberman, Paul) (Entered: 09/14/2009)
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Request |
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| 3 |
Filed: 9/14/2009, Entered: None |
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ANSWER to Complaint with JURY DEMAND. Document filed by New York Presbyterian Hospital. (Attachments: # 1 Affidavit of Service, # 2 Appendix Rule 7.1 Statement)(Haberman, Paul) (Entered: 09/14/2009)
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| 2 |
Filed: 7/13/2009, Entered: None |
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COMPLAINT against Weill Cornell Medical College, New York Presbyterian Hospital, Drs. "John/Jane Doe" 1-15. Document filed by Hilda Kennedy.(ama) (ama). (Entered: 07/14/2009)
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| 1 |
Filed: 7/13/2009, Entered: None |
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ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Part I Judge Richard J. Holwell on 7/13/09) (ama) (Entered: 07/14/2009)
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