Mikolaenko v. New York University et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:16-cv-00413-DAB-JLC
District Judge Deborah A. Batts, presiding
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District Judge Deborah A. Batts
Last Updated September 29, 2020 at 4:06 PM EDT (4.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Dr. Irina Mikolaenko, Plaintiff

Represented by Levine & Blit, Pllc

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Russell S. Moriarty +1 212 967 3000 +1 212 967 3010 rmoriarty@levineblit.com
v.
No Logo Dr. David Zagzag, Defendant

Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
individually William Fuger Cusack, III +1 212 490 3000 +1 212 490 3038 william.cusack@wilsonelser.com
individually Valerie Lorraine Hooker +1 212 490 3000 +1 212 490 3038 valerie.hooker@wilsonelser.com
individually Alexandra Manfredi +1 212 915 5311 +1 212 490 3038 alexandra.manfredi@wilsonelser.com
individually Ricki E. Roer +1 212 687 3000 +1 212 490 3038 roerr@wemed.com
New York University New York University, Defendant

Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
Space William Fuger Cusack, III +1 212 490 3000 +1 212 490 3038 william.cusack@wilsonelser.com
Space Valerie Lorraine Hooker +1 212 490 3000 +1 212 490 3038 valerie.hooker@wilsonelser.com
Space Alexandra Manfredi +1 212 915 5311 +1 212 490 3038 alexandra.manfredi@wilsonelser.com
Space Ricki E. Roer +1 212 687 3000 +1 212 490 3038 roerr@wemed.com
NYU Langone Medical Center NYU Langone Medical Center, Defendant

Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
Space William Fuger Cusack, III +1 212 490 3000 +1 212 490 3038 william.cusack@wilsonelser.com
Space Valerie Lorraine Hooker +1 212 490 3000 +1 212 490 3038 valerie.hooker@wilsonelser.com
Space Alexandra Manfredi +1 212 915 5311 +1 212 490 3038 alexandra.manfredi@wilsonelser.com
Space Ricki E. Roer +1 212 687 3000 +1 212 490 3038 roerr@wemed.com
NYU School Of Medicine NYU School Of Medicine, Defendant

Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
Space William Fuger Cusack, III +1 212 490 3000 +1 212 490 3038 william.cusack@wilsonelser.com
Space Valerie Lorraine Hooker +1 212 490 3000 +1 212 490 3038 valerie.hooker@wilsonelser.com
Space Alexandra Manfredi +1 212 915 5311 +1 212 490 3038 alexandra.manfredi@wilsonelser.com
Space Ricki E. Roer +1 212 687 3000 +1 212 490 3038 roerr@wemed.com
Attributes
Citation Section 28 U.S.C. § 1331sx
Nature of Suit 442 - Civil Rights: Employment
Timeline
  Entries (103) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 87 Filed: 9/29/2020, Entered: None Order on Motion to Dismiss/Lack of Prosecution
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Legal Document (Payment Possibly Required) 86 Filed: 8/3/2020, Entered: None Response in Support of Motion
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Legal Document (Payment Possibly Required) 85 Filed: 7/6/2020, Entered: None Certificate of Service Other
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Legal Document (Payment Possibly Required) 84 Filed: 7/2/2020, Entered: None Memorandum of Law in Support of Motion
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Legal Document (Payment Possibly Required) 83 Filed: 7/2/2020, Entered: None Dismiss/Lack of Prosecution
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Legal Document (Payment Possibly Required) 82 Filed: 6/8/2020, Entered: None Letter
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Legal Document (Payment Possibly Required) 81 Filed: 6/4/2020, Entered: None Scheduling Order
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Legal Document (Payment Possibly Required) 80 Filed: 5/29/2020, Entered: None Letter
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Legal Document (Payment Possibly Required) 79 Filed: 4/24/2020, Entered: None Letter
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Legal Document (Payment Possibly Required) 78 Filed: 4/22/2020, Entered: None Order
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Legal Document (Payment Possibly Required) 76 Filed: 3/5/2020, Entered: None Withdraw as Attorney
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Legal Document (Payment Possibly Required) 75 Filed: 2/28/2020, Entered: None Letter
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Legal Document (Payment Possibly Required) 74 Filed: 2/21/2020, Entered: None Order
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Legal Document (Payment Possibly Required) 72 Filed: 12/5/2019, Entered: 12/5/2019 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [69] MOTION for Russell S. Moriarty to Withdraw as Attorney . . Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Cusack, William)
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Legal Document (Payment Possibly Required) 71 Filed: 11/26/2019, Entered: 11/27/2019 Order on Motion to withdraw as attorneyCourt Filing
MEMO ENDORSEMENT on NOTICE OF MOTION BY LEVINE & BLIT, PLLC, TO WITHDRAW AS COUNSEL FOR PLAINTIFF, FOR AN ATTORNEY LIEN, AND TO FILE ITS SUPPORTING DECLARATION UNDER SEAL. ENDORSEMENT: Denied at this time. Granted. Granted. So ordered. Granting in part and denying in part [69] Motion to Withdraw as Attorney. Case Stayed. (Signed by Judge Deborah A. Batts on 11/26/2019) (rjm)
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Blank  Filed: None, Entered: None Case Stayed
Case Stayed. (rjm)
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Legal Document (Payment Possibly Required) 70 Filed: 11/22/2019, Entered: 11/22/2019 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [69] MOTION for Russell S. Moriarty to Withdraw as Attorney . . Document filed by Irina Mikolaenko. (Moriarty, Russell)
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Legal Document (Payment Possibly Required) 69 Filed: 11/22/2019, Entered: 11/22/2019, Terminated: 11/26/2019 Motion to withdraw as attorney
MOTION for Russell S. Moriarty to Withdraw as Attorney . Document filed by Irina Mikolaenko.(Moriarty, Russell)
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Legal Document (Payment Possibly Required) 68 Filed: 11/14/2019, Entered: 11/14/2019 Response to motionCourt Filing
LETTER RESPONSE to Motion addressed to Judge Deborah A. Batts from William Cusack dated November 14, 2019 re: [67] LETTER MOTION for Extension of Time to File addressed to Judge Deborah A. Batts from Russell S. Moriarty dated 11/14/2019. . Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Attachments: # (1) Exhibit November 13, 2019 correspondence between counsel)(Cusack, William)
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Legal Document (Payment Possibly Required) 67 Filed: 11/14/2019, Entered: 11/14/2019 Motion for Extension of TimeCourt Filing
LETTER MOTION for Extension of Time to File addressed to Judge Deborah A. Batts from Russell S. Moriarty dated 11/14/2019. Document filed by Irina Mikolaenko.(Moriarty, Russell)
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Legal Document 66 Filed: 10/21/2019, Entered: 10/21/2019 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [64] MOTION for Summary Judgment . . Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Cusack, William)
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Legal Document (Payment Possibly Required) 65 Filed: 10/21/2019, Entered: 10/21/2019 Declaration in Support of Motion
DECLARATION of Joan Cangiarella, M.D. in Support re: [64] MOTION for Summary Judgment .. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibits C-Z)(Cusack, William)
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Legal Document (Payment Possibly Required) 64 Filed: 10/21/2019, Entered: 10/21/2019 Motion for Summary Judgment
MOTION for Summary Judgment . Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Attachments: # (1) Defendants' Local Rule 56.1 Statement of Undisputed Facts, # (2) Exhibits A-F, # (3) Exhibit G, # (4) Exhibit H, # (5) Exhibit I, # (6) Exhibit J, # (7) Exhibit K, # (8) Exhibit L, # (9) Exhibits M-Z, # (10) Exhibits AA-UU, # (11) Exhibit V V, # (12) Exhibit W W)(Cusack, William)
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Legal Document (Payment Possibly Required) 63 Filed: 10/21/2019, Entered: 10/21/2019 LetterCourt Filing
LETTER addressed to Judge Deborah A. Batts from William Cusack, Esq. dated October 18, 2019 re: Internal Error occurred when efiling documents. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Attachments: # (1) Exhibit Notice stating an internal error has occurred)(Cusack, William)
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Legal Document (Payment Possibly Required) 62 Filed: 10/1/2019, Entered: 10/1/2019 Order on motion for extension of timeCourt Filing
ORDER granting [61] Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Deborah A. Batts on 10/1/2019) (rro)
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Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines: Motions due by 10/18/2019. Responses due by 11/15/2019 Replies due by 12/2/2019. (rro)
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Legal Document (Payment Possibly Required) 61 Filed: 9/30/2019, Entered: 9/30/2019, Terminated: 10/1/2019 Motion for Extension of TimeCourt Filing
LETTER MOTION for Extension of Time to the Court's Scheduling Order as to Defendants' motion for summary judgment addressed to Judge Deborah A. Batts from William F. Cusack, Esq. dated September 30, 2019. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag.(Cusack, William)
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Legal Document (Payment Possibly Required) 60 Filed: 9/5/2019, Entered: 9/5/2019 Scheduling OrderCourt Filing
SCHEDULING ORDER: Trial: Estimated trial time is 5 days. Jury trial. 10/4 - moving papers, 11/1/19 - responsive papers; reply - 11/15/19. Oral argument 1/8/20 w/ 1/15/20 reserved by parties for continuation if necessary. (As further set forth in this Order.) Motions due by 10/4/2019. Responses due by 11/1/2019 Replies due by 11/15/2019. (Signed by Judge Deborah A. Batts on 9/5/2019) (cf)
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Legal Document (Payment Possibly Required) 59 Filed: 8/14/2019, Entered: 8/14/2019 Scheduling OrderCourt Filing
ORDER: A pre-motion conference in the above captioned case is scheduled for Thursday, September 5, 2019 at 2:30 PM. (Pre-Motion Conference set for 9/5/2019 at 02:30 PM before Judge Deborah A. Batts.) (Signed by Judge Deborah A. Batts on 8/14/2019) (rro)
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Legal Document (Payment Possibly Required) 58 Filed: 7/16/2019, Entered: 7/16/2019 LetterCourt Filing
LETTER addressed to Judge Deborah A. Batts from Russell S. Moriarty dated 07/16/2019 re: in Response to Defendants' Premotion Letter. Document filed by Irina Mikolaenko.(Moriarty, Russell)
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Legal Document 57 Filed: 7/7/2019, Entered: 7/7/2019 LetterCourt Filing
LETTER addressed to Judge Deborah A. Batts from William Cusack dated July 7, 2019 re: proposed basis for summary judgment. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag.(Cusack, William)
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Legal Document (Payment Possibly Required) 56 Filed: 6/27/2019, Entered: 6/27/2019 Notice - Other
NOTICE of intention to move for summary judgment on all of Plaintiffs claims.. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Cusack, William)
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Blank 55 Filed: 6/25/2019, Entered: 6/25/2019 Order on Motion for Local Rule 37.2 ConferenceCourt Filing
ORDER denying without prejudice [48] Letter Motion for Local Rule 37.2 Conference. As discussed at the telephone conference today, the request for relief as a result of plaintiff's non-appearance at the independent medical examination is denied without prejudice to renewal following the disposition of defendants' anticipated summary judgment motion. Defendants have represented that their motion will not be impacted by plaintiff's failure to appear at the examination. If defendants' summary judgment motion is denied, then defendants are entitled to reschedule the examination, at plaintiff's cost. If defendants' motion is granted and the case is dismissed, defendants may then renew their request by formal motion for the costs attendant to plaintiff's failure to appear twice for the examination (such application being akin to a bill of costs). (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Blank  Filed: None, Entered: None Telephone Conference
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 6/25/2019. (Tam, David)
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Blank 54 Filed: 6/20/2019, Entered: 6/20/2019 Order on Motion for Local Rule 37.2 ConferenceCourt Filing
ORDER taking under advisement [48] Motion for Local Rule 37.2 Conference. In light of plaintiff's response (Dkt. No. 52), the Court will hold a telephone conference on June 25 at 3:00 p.m. The parties should call chambers at (212) 805-0250 with both sides on the line, or alternatively provide a call-in number to the Court by emailing it to CottNYSDChambers@nysd.uscourts.gov. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Legal Document (Payment Possibly Required) 53 Filed: 6/20/2019, Entered: 6/20/2019 OrderCourt Filing
NOTICE OF WITHDRAWAL OF APPEARANCE AND REQUEST FOR REMOVAL FROM SERVICE LISTS: PLEASE TAKE NOTICE, that as of June 14, 2019 at close of business, Alexandra C. Manfredi will no longer be associated with Wilson, Elser, Moskowitz, Edelman & Dicker LLP and hereby withdraws her appearance as counsel for Defendants in the referenced action and respectfully requests that she be removed from the CM/ECF noticing list and any other service list in this case. William Cusack and Ricki Roer continue to serve as counsel for Defendants and all future correspondence and papers in this action should continue to be directed to them. SO ORDERED. (Signed by Judge Deborah A. Batts on 6/20/2019) Attorney Alexandra Manfredi terminated.(ks)
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Legal Document (Payment Possibly Required) 52 Filed: 6/19/2019, Entered: 6/19/2019 response in opposition to motionCourt Filing
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James L. Cott from Russell S. Moriarty dated 06/19/2019 re: [48] LETTER MOTION for Local Rule 37.2 Conference regarding plaintiff's failure to appear for court-ordered FRCP Rule 35 exam and costs associated with same addressed to Magistrate Judge James L. Cott from William Cusack dated June 12, 2019. . Document filed by Irina Mikolaenko. (Moriarty, Russell)
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Blank 51 Filed: 6/17/2019, Entered: 6/17/2019 Order on Motion for Local Rule 37.2 ConferenceCourt Filing
ORDER taking under advisement [48] Motion for Local Rule 37.2 Conference. Plaintiff is directed to respond to this letter-motion no later than June 19, 2019. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Legal Document (Payment Possibly Required) 50 Filed: 6/14/2019, Entered: 6/14/2019 Notice of Appearance
NOTICE OF APPEARANCE by Josef Kwameh Mensah on behalf of NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Mensah, Josef)
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Legal Document (Payment Possibly Required) 49 Filed: 6/14/2019, Entered: 6/14/2019, Terminated: 6/20/2019 Motion to withdraw as attorney
MOTION for Alexandra C. Manfredi to Withdraw as Attorney . Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag.(Manfredi, Alexandra)
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Legal Document (Payment Possibly Required) 48 Filed: 6/12/2019, Entered: 6/12/2019, Terminated: 6/25/2019 Motion for Local Rule 37.2 ConferenceCourt Filing
LETTER MOTION for Local Rule 37.2 Conference regarding plaintiff's failure to appear for court-ordered FRCP Rule 35 exam and costs associated with same addressed to Magistrate Judge James L. Cott from William Cusack dated June 12, 2019. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag.(Cusack, William)
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Legal Document (Payment Possibly Required) 47 Filed: 5/30/2019, Entered: 5/30/2019 Order on Motion for Extension of Time to Complete Discovery.Court Filing
ORDER granting [46] Letter Motion for Extension of Time to Complete Discovery. Granted. SO ORDERED, (Deposition due by 6/28/2019. Discovery due by 6/28/2019.) (Signed by Judge Deborah A. Batts on 5/30/2019) (rro)
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Legal Document (Payment Possibly Required) 46 Filed: 5/28/2019, Entered: 5/28/2019, Terminated: 5/30/2019 Motion for Extension of Time to Complete DiscoveryCourt Filing
LETTER MOTION for Extension of Time to Complete Discovery regarding plaintiff's treating physician Dr. Laurie Nadel addressed to Judge Deborah A. Batts from William Cusack dated May 28, 2019. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag.(Cusack, William)
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Blank 45 Filed: 5/14/2019, Entered: 5/14/2019 Order on Motion for conferenceCourt Filing
ORDER granting [43] Letter Motion for Conference. For the reasons set forth on the record today, defendants' request to conduct an independent medical examination ("IME") of plaintiff pursuant to Rule 35 is granted. As discussed with counsel, notwithstanding the discovery deadlines that otherwise govern, the IME must be completed no later than June 14 and any deposition of the examining physician must be completed no later than June 28. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Blank  Filed: None, Entered: None Telephone Conference
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 5/14/2019. (Tam, David)
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Blank 44 Filed: 5/9/2019, Entered: 5/9/2019 Order on Motion for conferenceCourt Filing
ORDER granting [38] Letter Motion for Conference. The undersigned, to whom this dispute has been assigned by Judge Batts, will hold a telephone conference on May 14 at 2:30 p.m. to address defendants' request to take an IME of plaintiff pursuant to Fed. R. Civ. P. 35. Counsel should call the Court at the designated time at (212) 805-0250 with both sides on the line, or alternatively provide a call-in number to the Court by emailing it to CottNYSDChambers@nysd.uscourts.gov. in advance of the conference. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Legal Document (Payment Possibly Required) 43 Filed: 5/9/2019, Entered: 5/9/2019, Terminated: 5/14/2019 Motion for ConferenceCourt Filing
LETTER MOTION for Conference for discovery and to take an independent mental examination of plaintiff addressed to Judge Deborah A. Batts from William Cusack, Esq. dated May 9, 2019. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag.(Cusack, William)
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Legal Document (Payment Possibly Required) 42 Filed: 5/8/2019, Entered: 5/8/2019 response in opposition to motionCourt Filing
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James L. Cott from Russell S. Moriarty dated May 8, 2019 re: [38] LETTER MOTION for Conference re: Discovery (FRCP 35 Exam of Plaintiff) addressed to Judge Deborah A. Batts from William F. Cusack dated April 23, 2019. . Document filed by Irina Mikolaenko. (Slutsky, Amanda)
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Blank 41 Filed: 5/6/2019, Entered: 5/6/2019 Order on Motion for conferenceCourt Filing
ORDER taking under advisement [38] Motion for Conference. Plaintiff is directed to respond to this letter-motion no later than May 8, as it has been pending since April 23 without a response. The Court will then determine whether a conference is necessary to resolve the issue presented by defendants application for an IME. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Legal Document (Payment Possibly Required) 40 Filed: 5/1/2019, Entered: 5/1/2019 Order Referring Case to Magistrate JudgeCourt Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge James L. Cott. Motions referred to James L. Cott. (Signed by Judge Deborah A. Batts on 5/1/2019) (rro)
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Legal Document (Payment Possibly Required) 39 Filed: 5/1/2019, Entered: 5/1/2019 Order on Motion for Extension of Time to Complete Discovery.Court Filing
AMENDED SCHEDULING ORDER granting [36] Letter Motion for Extension of Time to Complete Discovery. Discovery: shall be completed by May 28, 2019. Dispositive Motions: A party contemplating making a dispositive motion must notify opposing counsel and the Court by June 27, 2019. Proposed Requests to Charge and Proposed Voir Dire shall be submitted by July 24, 2019. A JPTS shall be submitted by July 24, 2019. Memoranda of Law addressing those issues raised in the JPTS shall be submitted by July 24, 2019. Responses to the Memoranda shall be submitted by August 14, 2019. (Signed by Judge Deborah A. Batts on 5/1/2019) (rro)
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Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines: Discovery due by 5/28/2019. (rro)
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Legal Document (Payment Possibly Required) 38 Filed: 4/23/2019, Entered: 4/23/2019, Terminated: 5/9/2019 Motion for ConferenceCourt Filing
LETTER MOTION for Conference re: Discovery (FRCP 35 Exam of Plaintiff) addressed to Judge Deborah A. Batts from William F. Cusack dated April 23, 2019. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag.(Cusack, William)
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Legal Document (Payment Possibly Required) 37 Filed: 4/18/2019, Entered: 4/18/2019 Proposed Scheduling Order
PROPOSED SCHEDULING ORDER. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Cusack, William)
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Legal Document (Payment Possibly Required) 36 Filed: 4/18/2019, Entered: 4/18/2019, Terminated: 5/1/2019 Motion for Extension of Time to Complete DiscoveryCourt Filing
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Deborah A. Batts from William Cusack, Esq. dated April 18, 2019. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Attachments: # (1) Text of Proposed Order Proposed Scheduling Order)(Cusack, William)
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Legal Document (Payment Possibly Required) 35 Filed: 4/15/2019, Entered: 4/15/2019 Notice of Appearance
NOTICE OF APPEARANCE by Amanda Brooke Slutsky on behalf of Irina Mikolaenko. (Slutsky, Amanda)
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Legal Document (Payment Possibly Required) 34 Filed: 3/27/2019, Entered: 3/27/2019 Order on Motion for Extension of Time to Complete Discovery.Court Filing
ORDER granting [33] Letter Motion for Extension of Time to Complete Discovery. GRANTED. So Ordered. (Signed by Judge Deborah A. Batts on 3/27/2019) (js)
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Legal Document (Payment Possibly Required) 33 Filed: 3/15/2019, Entered: 3/15/2019, Terminated: 3/27/2019 Motion for Extension of Time to Complete DiscoveryCourt Filing
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Deborah A. Batts from Russell S. Moriarty dated 03/14/2019. Document filed by Irina Mikolaenko.(Moriarty, Russell)
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Legal Document (Payment Possibly Required) 32 Filed: 9/27/2018, Entered: 9/27/2018 Scheduling OrderCourt Filing
SCHEDULING ORDER: Except for good cause explicitly set forth by letter and shown, all discovery, including expertdiscovery, shall be commenced in time to be completed by 3/29/2019. A party contemplating making a dispositive motion must notify opposing counsel and the Court by 4/30/2019. Proposed Requests to Charge and Proposed Voir Dire shall be submitted by 5/24/2018. (Signed by Judge Deborah A. Batts on 9/27/2018) (rro)
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Blank  Filed: None, Entered: None Pretrial Conference - Initial
Minute Entry for proceedings held before Judge Deborah A. Batts: Initial Pretrial Conference held on 9/27/2018. SEE ORDER. (kwi)
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Legal Document (Payment Possibly Required) 31 Filed: 9/13/2018, Entered: 9/13/2018 Order for Initial Pretrial ConferenceCourt Filing
2nd RESCHEDULING NOTICE OF INITIAL CONFERENCE: Initial Conference set for 9/27/2018 at 02:30 PM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Deborah A. Batts. (As further set forth in this Order.) (Signed by Judge Deborah A. Batts on 9/13/2018) (cf)
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Legal Document (Payment Possibly Required) 30 Filed: 6/8/2018, Entered: 6/8/2018 Order for Initial Pretrial ConferenceCourt Filing
RESCHEDULING NOTICE OF INITIAL CONFERENCE: Counsel for all parties are directed to appear for an initial pre-trial conference in accordance with Federal Rule of Civil Procedure 16 on Thursday, September 13, 2018 at 2:30 pm in Courtroom 24B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007, and as further set forth in this Order. So ordered. (Initial Conference set for 9/13/2018 at 02:30 PM in Courtroom 24B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Deborah A. Batts). (Signed by Judge Deborah A. Batts on 6/8/2018). (rjm).
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Legal Document (Payment Possibly Required) 29 Filed: 5/24/2018, Entered: 5/24/2018 Order on Motion to Adjourn ConferenceCourt Filing
ORDER granting [28] Letter Motion to Adjourn Conference: Application GRANTED. The May 31, 2018 conference is adjourned sine die. (Signed by Judge Deborah A. Batts on 5/24/2018) (jwh)
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Legal Document (Payment Possibly Required) 28 Filed: 5/23/2018, Entered: 5/23/2018, Terminated: 5/24/2018 Motion to Adjourn ConferenceCourt Filing
LETTER MOTION to Adjourn Conference addressed to Judge Deborah A. Batts from Russell S. Moriarty dated 05/23/2018. Document filed by Irina Mikolaenko.(Moriarty, Russell)
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Legal Document (Payment Possibly Required) 26 Filed: 4/23/2018, Entered: 4/23/2018 Order for Initial Pretrial ConferenceCourt Filing
NOTICE OF INITIAL CONFERENCE: Initial Conference set for 5/31/2018 at 10:30 AM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Deborah A. Batts. (Signed by Judge Deborah A. Batts on 4/23/2018) (rro)
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Legal Document (Payment Possibly Required) 25 Filed: 4/20/2018, Entered: 4/20/2018 LetterCourt Filing
LETTER addressed to Judge Deborah A. Batts from Russell S. Moriarty dated 04/20/2018 re: Initial Conference. Document filed by Irina Mikolaenko.(Moriarty, Russell)
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Blank  Filed: None, Entered: None Mediator Session Held
Mediator Session Held on 2/20/2018 at 40 Foley Square.(mf)
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Blank  Filed: None, Entered: None Mediation Conference Scheduled/Re-Scheduled
MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for PLEASE NOTE CHANGE OF TIME TO 1:00 PM on 2/20/18, 10:00 AM at 40 Foley Square Courthouse.(ms)
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Legal Document (Payment Possibly Required) 24 Filed: 1/23/2018, Entered: 1/23/2018 LetterCourt Filing
LETTER addressed to Judge Deborah A. Batts from William F. Cusack, Esq. dated January 23, 2018 re: Permission to bring eletronic devices to the February 20, 2018 mediation session.. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Attachments: # (1) Text of Proposed Order Proposed Order)(Cusack, William)
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Blank  Filed: None, Entered: None Mediation Conference Scheduled/Re-Scheduled
MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 2/20/2018, 10:00 AM at the U.S. Courthouse located at 40 Foley Square New York, NY 10007.(cda)
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Blank  Filed: None, Entered: None Mediation Conference Not Held
MEDIATOR SESSION NOT HELD Mediator Session scheduled for 01/18/2018 at 40 Foley Square U.S. Courthouse was NOT held.(cda)
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Blank  Filed: None, Entered: None Mediation Conference Scheduled/Re-Scheduled
MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 1/18/2018, 10:00 AM at the U.S. Courthouse located at 40 Foley Square New York, NY 10007.(cda)
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Blank  Filed: None, Entered: None Notice of Mediator Assignment
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/20/2017.(cda)
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Legal Document (Payment Possibly Required) 23 Filed: 10/17/2017, Entered: 10/17/2017 Order of Automatic Referral to MediationCourt Filing
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (http://nysd.uscourts.gov/mediation). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 10/27/2017. (Signed by Judge Loretta A. Preska on 10/1/15) (mf)
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Legal Document (Payment Possibly Required) 22 Filed: 10/13/2017, Entered: 10/13/2017 Answer
ANSWER to [1] Complaint. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag.(Cusack, William)
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Legal Document (Payment Possibly Required) 21 Filed: 10/13/2017, Entered: 10/13/2017 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University.(Cusack, William)
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Legal Document (Payment Possibly Required) 20 Filed: 10/10/2017, Entered: 10/10/2017 Order on Motion for extension of time to answerCourt Filing
ORDER granting [19] Letter Motion for Extension of Time to Answer. Granted. NYU Langone Medical Center answer due 10/13/2017; NYU School of Medicine answer due 10/13/2017; New York University answer due 10/13/2017; David Zagzag answer due 10/13/2017. (Signed by Judge Deborah A. Batts on 10/10/2017) (kgo)
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Legal Document (Payment Possibly Required) 19 Filed: 10/9/2017, Entered: 10/9/2017, Terminated: 10/10/2017 Motion for Extension of Time to File AnswerCourt Filing
LETTER MOTION for Extension of Time to File Answer re: [1] Complaint addressed to Judge Deborah A. Batts from William Cusack dated October 9, 2017. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag.(Cusack, William)
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Legal Document 18 Filed: 9/7/2017, Entered: 9/8/2017 Order on Motion to DismissCourt Filing
MEMORANDUM & ORDER granting in part and denying in part [10] Motion to Dismiss. For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED in part and DENIED in part. Defendants are to answer the remaining Counts within 30 days of the date of this Order. (Signed by Judge Deborah A. Batts on 9/7/2017) (mro)
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Legal Document (Payment Possibly Required) 17 Filed: 7/10/2017, Entered: 7/10/2017 Notice of Appearance
NOTICE OF APPEARANCE by Alexandra Manfredi on behalf of NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Manfredi, Alexandra)
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Legal Document (Payment Possibly Required) 16 Filed: 5/27/2016, Entered: 5/27/2016 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [10] MOTION to Dismiss . . Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Cusack, William)
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Legal Document (Payment Possibly Required) 15 Filed: 4/27/2016, Entered: 4/27/2016 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [10] MOTION to Dismiss . . Document filed by Irina Mikolaenko. (Moriarty, Russell)
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Legal Document (Payment Possibly Required) 14 Filed: 4/4/2016, Entered: 4/4/2016 Order on motion for extension of time to file Response/ReplyCourt Filing
ORDER granting [13] Letter Motion for Extension of Time to File Response/Reply. Granted. Responses due by 4/29/2016 Replies due by 5/27/2016. (Signed by Judge Deborah A. Batts on 4/4/2016) (kgo)
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Legal Document (Payment Possibly Required) 13 Filed: 4/1/2016, Entered: 4/1/2016, Terminated: 4/4/2016 Motion for Extension of Time to File Response/ReplyCourt Filing
LETTER MOTION for Extension of Time to File Response/Reply as to [10] MOTION to Dismiss . addressed to Judge Deborah A. Batts from Russell S. Moriarty dated 04/01/2016. Document filed by Irina Mikolaenko.(Moriarty, Russell)
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Legal Document (Payment Possibly Required) 12 Filed: 3/29/2016, Entered: 3/29/2016 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [10] MOTION to Dismiss . . Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Attachments: # (1) Exhibit A - Complaint, # (2) Exhibit B - EEOC Charge, # (3) Exhibit C - Incorporated Emails, # (4) Exhibit D - Incorporated Emails)(Cusack, William)
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Blank  Filed: None, Entered: None Notice to Attorney to Re-File Document - Deficient Docket Entry Error
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney William Fuger Cusack to RE-FILE Document [11] Memorandum of Law in Support of Motion. ERROR(S): No signtature or s/. (db)
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Legal Document (Payment Possibly Required) 11 Filed: 3/28/2016, Entered: 3/28/2016 Memorandum of Law in Support of Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: [10] MOTION to Dismiss . . Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Attachments: # (1) Exhibit A - Complaint, # (2) Exhibit B - EEOC Charge, # (3) Exhibit C - Incorporated Emails, # (4) Exhibit D - Incorporated Emails)(Cusack, William) Modified on 3/29/2016 (db).
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Legal Document (Payment Possibly Required) 10 Filed: 3/28/2016, Entered: 3/28/2016, Terminated: 9/7/2017 Motion to Dismiss
MOTION to Dismiss . Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. Responses due by 4/11/2016 Return Date set for 4/25/2016 at 12:00 PM.(Cusack, William)
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Legal Document (Payment Possibly Required) 9 Filed: 2/4/2016, Entered: 2/4/2016 Order on motion for extension of timeCourt Filing
ORDER granting [8] Letter Motion for Extension of Time. Granted. (Signed by Judge Deborah A. Batts on 2/4/2016) (kgo)
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Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines: NYU Langone Medical Center answer due 3/28/2016; NYU School of Medicine answer due 3/28/2016; New York University answer due 3/28/2016; David Zagzag answer due 3/28/2016. (kgo)
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Legal Document (Payment Possibly Required) 8 Filed: 2/3/2016, Entered: 2/3/2016, Terminated: 2/4/2016 Motion for Extension of TimeCourt Filing
LETTER MOTION for Extension of Time addressed to Judge Deborah A. Batts from Valerie L. Hooker dated February 3, 2016. Document filed by NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag.(Hooker, Valerie)
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Legal Document (Payment Possibly Required) 7 Filed: 2/3/2016, Entered: 2/3/2016 Notice of Appearance
NOTICE OF APPEARANCE by Valerie Lorraine Hooker on behalf of NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Hooker, Valerie)
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Legal Document (Payment Possibly Required) 6 Filed: 2/3/2016, Entered: 2/3/2016 Notice of Appearance
NOTICE OF APPEARANCE by William Fuger Cusack, III on behalf of NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Cusack, William)
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Legal Document (Payment Possibly Required) 5 Filed: 2/3/2016, Entered: 2/3/2016 Notice of Appearance
NOTICE OF APPEARANCE by Ricki E. Roer on behalf of NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Roer, Ricki)
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Legal Document (Payment Possibly Required) 4 Filed: 1/20/2016, Entered: 1/20/2016 Summons issued
ELECTRONIC SUMMONS ISSUED as to NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (pc)
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Blank  Filed: None, Entered: None Case Designated ECF.
Case Designated ECF. (pc)
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Blank  Filed: None, Entered: None Case Designation
Magistrate Judge James L. Cott is so designated. (pc)
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Blank  Filed: None, Entered: None Case Opening Initial Assignment Notice
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Deborah A. Batts. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. 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 http://nysd.uscourts.gov/ecf_filing.php. (pc)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Case Opening Statistical Error Correction
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Russell S. Moriarty. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 440 (Civil Rights: Other); County code New York. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 442 (Civil Rights: Jobs); the County code has been modified to Nassau. (pc)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Party Modification
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Russell S. Moriarty. The party information for the following party/parties has been modified: Dr. David Zagzag. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pc)
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Legal Document (Payment Possibly Required) 3 Filed: 1/19/2016, Entered: 1/19/2016 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to New York University, NYU School of Medicine, NYU Langone Medical Center, Dr. David Zagzag, re: [1] Complaint. Document filed by Irina Mikolaenko. (Moriarty, Russell)
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Legal Document (Payment Possibly Required) 2 Filed: 1/19/2016, Entered: 1/19/2016 Civil Cover Sheet
CIVIL COVER SHEET filed. (Moriarty, Russell)
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Legal Document 1 Filed: 1/19/2016, Entered: 1/19/2016 Complaint
COMPLAINT against NYU Langone Medical Center, NYU School of Medicine, New York University, David Zagzag. (Filing Fee $ 400.00, Receipt Number 0208-11854820)Document filed by Irina Mikolaenko. (Attachments: # (1) Exhibit A)(Moriarty, Russell)
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