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 57 |
Filed: 8/22/2017, Entered: 8/22/2017 |
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CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 21, 2017, Defendant 813CC40 motion to dismiss is granted. Plaintiff's claims against Defendant 813CC40 are dismissed without prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/22/2017) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km)
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Filed: 8/21/2017, Entered: 8/21/2017 |
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Transmission to Judgments and Orders Clerk. Transmitted re: 56 Order to the Judgments and Orders Clerk. (cf)
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| 56 |
Filed: 8/21/2017, Entered: 8/21/2017 |
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ORDER granting 51 Motion to Dismiss. 813CC40 has moved to dismiss under Fed. R. Civ. P. 12(b)(1), contending that this Court lacks subject matter jurisdiction, and should decline to exercise supplemental jurisdiction over Plaintiff's state and local law claims. (As further set forth in this Order.) For the reasons stated above, Defendant 813CC40 motion to dismiss is granted. Plaintiff's claims against Defendant 813CC40 are dismissed without prejudice. The Clerk of the Court is directed to terminate the motion (Dkt. No. 51) and to close this case. (Signed by Judge Paul G. Gardephe on 8/21/2017) (cf)
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Request |
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| 55 |
Filed: 3/7/2017, Entered: 3/7/2017 |
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ORDER: It is hereby ORDERED that the conference in this action previously scheduled for March 9, 2017 is adjourned sine die. (Signed by Judge Paul G. Gardephe on 3/7/2017) (cf)
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Request |
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| 54 |
Filed: 1/19/2017, Entered: 1/19/2017 |
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REPLY MEMORANDUM OF LAW in Support re: 51 MOTION to Dismiss . . Document filed by 813CC40. (Pechman, Louis)
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Request |
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| 53 |
Filed: 1/19/2017, Entered: 1/19/2017 |
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CERTIFICATE OF SERVICE of Motion to Dismiss served on Plaintiff on 12/29/2016. Document filed by 813CC40. (Pechman, Louis)
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Request |
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| 52 |
Filed: 1/19/2017, Entered: 1/19/2017 |
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MEMORANDUM OF LAW in Support re: 51 MOTION to Dismiss . . Document filed by 813CC40. (Pechman, Louis)
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Request |
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| 51 |
Filed: 1/19/2017, Entered: 1/19/2017 |
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MOTION to Dismiss . Document filed by 813CC40.(Pechman, Louis)
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Request |
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| 50 |
Filed: 1/12/2017, Entered: 1/12/2017 |
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MEMORANDUM OF LAW in Opposition to Defendant Albert 813CC40 Motion to Dismiss Plaintiff's Complaint. Document filed by 1EC21F8. (Cretcher, Grace)
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Request |
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| 49 |
Filed: 12/15/2016, Entered: 12/15/2016 |
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ORDER: It is hereby ORDERED that the following schedule will apply to Defendant 813CC40 motion to dismiss: 1. Defendant's motion is due on December 29, 2016; 2. Plaintiff's opposition is due on January 12, 2017; and 3. Defendant's reply, if any, is due on January 19, 2017. (Motions due by 12/29/2016., Responses due by 1/12/2017, Replies due by 1/19/2017.) (Signed by Judge Paul G. Gardephe on 12/15/2016) (cf)
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Request |
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| 48 |
Filed: 12/13/2016, Entered: 12/13/2016 |
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LETTER addressed to Judge Paul G. Gardephe from Grace Cathryn Cretcher dated December 13, 2016 re: Defendant 813CC40 Pre-Motion Conference Request. Document filed by 1EC21F8.(Cretcher, Grace)
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Request |
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| 47 |
Filed: 12/8/2016, Entered: 12/8/2016 |
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LETTER MOTION for Conference addressed to Judge Paul G. Gardephe dated 12/8/2016. Document filed by 813CC40.(Pechman, Louis)
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Request |
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| 46 |
Filed: 12/8/2016, Entered: 12/8/2016 |
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NOTICE OF APPEARANCE by Lillian Marie Marquez on behalf of 813CC40. (Marquez, Lillian)
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Request |
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| 45 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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ORDER granting 44 Letter Motion to Substitute Attorney. The substitution of attorney is hereby approved and so ORDERED. Attorney Matthew Harris Goldsmith terminated (Signed by Judge Paul G. Gardephe on 12/7/2016) (cf)
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Request |
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| 44 |
Filed: 12/6/2016, Entered: 12/6/2016 |
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LETTER MOTION to Substitute Attorney. Old Attorney: Matthew Harris Goldsmith, New Attorney: Louis Pechman addressed to Judge Paul G. Gardephe dated 12/6/2016. Document filed by 813CC40. (Attachments: # 1 Proposed Consent Order)(Pechman, Louis)
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Request |
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| 43 |
Filed: 12/6/2016, Entered: 12/6/2016 |
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NOTICE OF APPEARANCE by Louis Pechman on behalf of 813CC40. (Pechman, Louis)
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Request |
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Filed: 12/2/2016, Entered: 12/2/2016 |
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***STRICKEN DOCUMENT. Deleted document number 38 from the case record. The document was stricken from this case pursuant to 42 Order on Motion to Dismiss/Lack of Jurisdiction. (cf)
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Filed: 12/2/2016, Entered: 12/2/2016 |
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Set/Reset Deadlines: Motions due by 12/8/2016. (cf)
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| 42 |
Filed: 12/2/2016, Entered: 12/2/2016 |
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ORDER striking 38 Motion to Dismiss for Lack of Jurisdiction. It is hereby ORDERED that Defendant 813CC40 motion to dismiss is stricken from the record for failure to follow this Court's Individual Rules. Defendant 813CC40 is directed to answer or submit a pre-motion letter to dismiss by Thursday, December 8, 2016. The Clerk of Court is directed to terminate the motion (Dkt. No. 38). (Signed by Judge Paul G. Gardephe on 12/2/2016) (cf) Modified on 12/2/2016 (cf). Modified on 1/6/2017 (cf).
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Request |
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| 41 |
Filed: 12/2/2016, Entered: 12/2/2016 |
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CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. ยง 636(c). This case is to be tried to a jury. The parties must complete fact discovery no later than March 1, 2017. Complete depositions of fact witnesses by March 1, 2017. The parties must complete expert discovery no later than April 3, 2017. Parties seeking to make post-discovery dispositive motions should submit a letter to the Court in accordance with Rule 4(A) of the Court's Individual Practices by March 3, 2017. Opposition letters are due March 6, 2017. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3 days. The next pretrial conference is scheduled for March 9, 2017 at 10:30 a.m. (As further set forth in this Order.) Motions due by 3/3/2017. Responses due by 3/6/2017 Deposition due by 3/1/2017. Fact Discovery due by 3/1/2017. Expert Discovery due by 4/3/2017. Pretrial Conference set for 3/9/2017 at 10:30 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 12/2/2016) (cf)
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Request |
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Filed: 12/1/2016, Entered: 12/1/2016 |
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Minute Entry for proceedings held before Judge Paul G. Gardephe: Show Cause Hearing held on 12/1/2016, ( Status Conference set for 3/9/2017 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.). (Court Reporter Sam Mauro) (mr)
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| 40 |
Filed: 11/30/2016, Entered: 11/30/2016 |
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JOINT LETTER addressed to Judge Edgardo Ramos from Grace Cathryn Cretcher dated November 30, 2016 re: Order to Show Cause. Document filed by 1EC21F8. (Attachments: # 1 Exhibit A (Proposed Case Management Plan))(Cretcher, Grace)
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Request |
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| 39 |
Filed: 11/29/2016, Entered: 11/29/2016 |
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AFFIDAVIT OF SERVICE of Order to Show Cause and supporting documents served on 813CC40. on 11/17/16. Service was made by Mail. Document filed by 1EC21F8. (Cretcher, Grace)
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Request |
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| 37 |
Filed: 11/17/2016, Entered: 11/17/2016 |
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DECLARATION of Grace Cathryn Cretcher in Support re: 36 Order to Show Cause,,,,. Document filed by 1EC21F8. (Attachments: # 1 Exhibit A (Proposed Default Judgment), # 2 Exhibit B (Pleadings), # 3 Exhibit C (Affidavit of Service), # 4 Exhibit D (Clerk's Certificate of Default))(Cretcher, Grace)
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Request |
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| 36 |
Filed: 11/17/2016, Entered: 11/17/2016 |
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ORDER TO SHOW CAUSE: Upon the declaration of Grace Cathryn Cretcher dated November 15, 2016, it is hereby ORDERED that Defendant 813CC40 show case before the Hon. Paul G. Gardephe in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York on December 1, 2016 at 4:00 p.m. why a default judgment should not be entered against Defendant 813CC40 for failing to serve and file an answer after having been served with the summons and complaint herein. It it further ORDERED that a copy of this order, together with the Plaintiff's supporting affidavit and exhibits, shall be served by overnight mail on Defendant 813CC40 on or before 5:00 p.m. on November 18, 2016. It is further ORDERED that any response by Defendant 813CC40 is to be served and filed by 5:00 p.m. on November 28, 2016. (As further set forth in this Order.) Show Cause Hearing set for 12/1/2016 at 04:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. Show Cause Response due by 11/28/2016. (Signed by Judge Paul G. Gardephe on 11/17/2016) (cf)
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| 35 |
Filed: 11/15/2016, Entered: 11/15/2016 |
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CLERK'S CERTIFICATE OF DEFAULT: as to 813CC40. (dt)
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Request |
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| 34 |
Filed: 11/14/2016, Entered: 11/14/2016 |
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MEMORANDUM OF LAW in Support re: 33 MOTION for Default Judgment as to Liability re: Defendant 813CC40. MOTION for Hearing on Damages re: Defendant 813CC40. . Document filed by 1EC21F8. (Cretcher, Grace)
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Request |
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| 33 |
Filed: 11/14/2016, Entered: 11/14/2016 |
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MOTION for Default Judgment as to Liability re: Defendant 813CC40, MOTION for Hearing on Damages re: Defendant 813CC40. Document filed by 1EC21F8.(Cretcher, Grace)
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Request |
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| 32 |
Filed: 11/3/2016, Entered: 11/3/2016 |
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MEMO ENDORSEMENT on re: 29 Letter filed by 1EC21F8. ENDORSEMENT: The Application is granted. Plaintiff will move for a default judgment as to Defendant 813CC40 by Nov. 14, 2016. (Signed by Judge Paul G. Gardephe on 11/2/2016) (cf)
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Request |
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| 31 |
Filed: 11/3/2016, Entered: 11/3/2016 |
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ORDER OF DISMISSAL. The Court having been advised that all claims asserted herein by Plaintiff against New York City Health and Hospitals Corporation and Physician Affiliate Group of New York, P.C. have been settled, it is ORDERED that Plaintiff's claims against these entities are hereby dismissed with prejudice but without costs; provided, however, that if the settlement is not consummated within forty-five days of this order, any party may apply by letter within the forty-five day period for restoration of these claims to the calendar of the undersigned, in which event the claims will be restored. The Clerk of the Court may not close the case, as claims against Defendant 813CC40 remain. So ordered. New York Health and Hospitals Corporation and Physician Affiliate Group of New York, P.C. terminated. (Signed by Judge Paul G. Gardephe on 11/2/2016) (rjm)
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Request |
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| 29 |
Filed: 11/2/2016, Entered: 11/2/2016 |
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JOINT LETTER addressed to Judge Paul G. Gardephe from Grace Cathryn Cretcher dated November 2, 2016 re: Settlement of Claims. Document filed by 1EC21F8.(Cretcher, Grace)
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Request |
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| 28 |
Filed: 10/27/2016, Entered: 10/27/2016 |
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JOINT LETTER addressed to Judge Paul G. Gardephe from Grace Cathryn Cretcher dated October 27, 2016 re: Initial Pretrial Conference. Document filed by 1EC21F8. (Attachments: # 1 Exhibit A (Joint Proposed Case Management Plan))(Cretcher, Grace)
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Request |
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Filed: 10/24/2016, Entered: 10/24/2016 |
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MEDIATOR SESSION SCHEDULED Third Mediation Session scheduled for 11/2/2016, 10:00AM at the Office of the Mediator.(mf)
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Filed: 10/24/2016, Entered: 10/24/2016 |
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Mediator Session Held on 10/21/2016 at Mediator's Office.(mf)
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| 27 |
Filed: 10/4/2016, Entered: 10/4/2016 |
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ORDER granting 26 Letter Motion to Adjourn Conference. The Application is granted. The conference is adjourned to Nov. 3, 2016 at 10:30 A.M. SO ORDERED. Initial Conference set for 11/3/2016 at 10:30 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 10/4/2016) (kl)
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Request |
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| 26 |
Filed: 9/30/2016, Entered: 9/30/2016 |
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JOINT LETTER MOTION to Adjourn Conference Pending Conclusion of Mediation addressed to Judge Paul G. Gardephe from Grace Cathryn Cretcher dated September 30, 2016. Document filed by 1EC21F8.(Cretcher, Grace)
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Request |
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Filed: 9/30/2016, Entered: 9/30/2016 |
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MEDIATOR SESSION SCHEDULED Second Mediation Session scheduled for 10/21/2016, 10:00AM at the Office of the Mediator.(mf)
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Filed: 9/30/2016, Entered: 9/30/2016 |
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Mediator Session Held on 9/29/2016 at Mediator's Office.(mf)
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Filed: 8/29/2016, Entered: 8/29/2016 |
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MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 9/29/16, 10:00 AM at Mediator's Office.(ms)
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Filed: 8/29/2016, Entered: 8/29/2016 |
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MEDIATOR SESSION NOT HELD Mediator Session scheduled for 09/06/2016 at Mediator's Office was NOT held.(ms)
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| 25 |
Filed: 8/18/2016, Entered: 8/18/2016 |
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ORDER granting 24 Letter Motion to Adjourn Conference. The conference is adjourned to Oct. 13, 2016 at 10:30 a.m. SO ORDERED. Initial Conference set for 10/13/2016 at 10:30 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 8/18/2016) (ama)
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Request |
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| 24 |
Filed: 8/17/2016, Entered: 8/17/2016 |
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JOINT LETTER MOTION to Adjourn Conference Pending Scheduled Mediation addressed to Judge Paul G. Gardephe from Grace Cathryn Cretcher dated August 17, 2016. Document filed by 1EC21F8.(Cretcher, Grace)
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Request |
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Filed: 8/2/2016, Entered: 8/2/2016 |
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MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 9/6/2016, 10:00 AM at the Offices of the Mediator.(cda)
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| 23 |
Filed: 7/12/2016, Entered: 7/12/2016 |
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REQUEST TO ENTER DEFAULT against 813CC40. for Failure to Answer or Otherwise Respond to the Complaint. Document filed by 1EC21F8. (Attachments: # 1 Text of Proposed Order (Certificate of Default))(Cretcher, Grace)
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Request |
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Filed: 7/11/2016, Entered: 7/11/2016 |
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 8/10/2016.(cda)
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| 22 |
Filed: 7/6/2016, Entered: 7/6/2016 |
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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 7/18/2016. (Signed by Judge Loretta A. Preska on 10/1/15) (mf)
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Request |
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| 21 |
Filed: 7/5/2016, Entered: 7/5/2016 |
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ANSWER to 1 Complaint,. Document filed by New York Health and Hospitals Corporation, Physician Affiliate Group of New York, P.C..(Dandrige, Danielle)
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Request |
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| 20 |
Filed: 6/24/2016, Entered: 6/24/2016 |
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NOTICE OF APPEARANCE by Matthew Harris Goldsmith on behalf of 813CC40. (Goldsmith, Matthew)
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Request |
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| 19 |
Filed: 5/25/2016, Entered: 5/25/2016 |
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NOTICE OF PRETRIAL CONFERENCE: Initial Pretrial Conference set for 8/25/2016 at 10:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe, and as further set forth in this order. (Signed by Judge Paul G. Gardephe on 5/25/2016) (tn)
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Request |
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Filed: 5/16/2016, Entered: 5/16/2016 |
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Mailed a copy of 18 Memo Endorsement, Set Deadlines, to 813CC40. 68 Plum Drive, Apartment C Dansville, New York 14437. (ca)
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Filed: 5/13/2016, Entered: 5/13/2016 |
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Transmission to Docket Assistant Clerk. Transmitted re: 18 Memo Endorsement, to the Docket Assistant Clerk for case processing. (tn)
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| 18 |
Filed: 5/13/2016, Entered: 5/13/2016 |
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MEMO ENDORSEMENT on re: 17 Letter, filed by 813CC40. ENDORSEMENT: The Application is granted. The Clerk is directed to mail a copy of this Order to Defendant 813CC40 answer due 7/5/2016. (Signed by Judge Paul G. Gardephe on 5/13/2016) (tn)
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Request |
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| 17 |
Filed: 5/13/2016, Entered: 5/13/2016 |
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LETTER addressed to Judge Paul G. Gardephe from 813CC40, dated 5/12/16 re: Defendant 813CC40, requests that the Court grant him an extension of time, until 7/5/16, in order to answer or otherwise respond in this action. Document filed by 813CC40.(sc)
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Request |
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| 16 |
Filed: 5/9/2016, Entered: 5/9/2016 |
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AFFIDAVIT OF SERVICE of Summons and Complaint,. 813CC40 served on 4/21/2016, answer due 5/12/2016. Service was accepted by 813CC40. Document filed by 1EC21F8. (Cretcher, Grace)
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Request |
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| 15 |
Filed: 4/29/2016, Entered: 4/29/2016 |
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ORDER granting 14 Letter Motion for Extension of Time to Answer. The Application is granted. SO ORDERED. New York Health and Hospitals Corporation answer due 7/5/2016; Physician Affiliate Group of New York, P.C. answer due 7/5/2016. (Signed by Judge Paul G. Gardephe on 4/29/2016) (kl)
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Request |
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| 14 |
Filed: 4/28/2016, Entered: 4/28/2016 |
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LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Paul G. Gardephe from Danielle M. Dandrige dated April 28, 2016. Document filed by New York Health and Hospitals Corporation, Physician Affiliate Group of New York, P.C..(Dandrige, Danielle)
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Request |
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| 13 |
Filed: 4/28/2016, Entered: 4/28/2016 |
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NOTICE OF APPEARANCE by Danielle Marie Dandrige on behalf of New York Health and Hospitals Corporation, Physician Affiliate Group of New York, P.C.. (Dandrige, Danielle)
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Request |
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| 12 |
Filed: 4/25/2016, Entered: 4/25/2016 |
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AFFIDAVIT OF SERVICE of Summons and Complaint,. New York Health and Hospitals Corporation served on 4/15/2016, answer due 5/6/2016. Service was accepted by Ambrose Blanc - Legal Clerk. Document filed by 1EC21F8. (Cretcher, Grace)
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Request |
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| 11 |
Filed: 4/20/2016, Entered: 4/20/2016 |
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AFFIDAVIT OF SERVICE of Summons and Complaint,. Physician Affiliate Group of New York, P.C. served on 4/15/2016, answer due 5/6/2016. Service was accepted by Stephanie Rodriguez, General Agent. Document filed by 1EC21F8. (Cretcher, Grace)
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Request |
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| 10 |
Filed: 4/8/2016, Entered: 4/8/2016 |
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ELECTRONIC SUMMONS ISSUED as to 813CC40. (dgo)
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Request |
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| 9 |
Filed: 4/7/2016, Entered: 4/7/2016 |
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NOTICE OF APPEARANCE by John A. Beranbaum on behalf of 1EC21F8. (Beranbaum, John)
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Request |
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| 8 |
Filed: 4/7/2016, Entered: 4/7/2016 |
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REQUEST FOR ISSUANCE OF SUMMONS as to 813CC40, re: 1 Complaint,. Document filed by 1EC21F8. (Cretcher, Grace)
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Request |
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Filed: 4/7/2016, Entered: 4/7/2016 |
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Case Designated ECF. (rch)
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Filed: 4/7/2016, Entered: 4/7/2016 |
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Magistrate Judge Gabriel W. Gorenstein is so designated. (rch)
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Filed: 4/7/2016, Entered: 4/7/2016 |
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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. (rch)
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Filed: 4/7/2016, Entered: 4/7/2016 |
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (rch)
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| 7 |
Filed: 4/7/2016, Entered: 4/7/2016 |
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ELECTRONIC SUMMONS ISSUED as to Physician Affiliate Group of New York, P.C.. (rch)
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Request |
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| 6 |
Filed: 4/7/2016, Entered: 4/7/2016 |
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ELECTRONIC SUMMONS ISSUED as to New York Health and Hospitals Corporation. (rch)
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Request |
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Filed: 4/7/2016, Entered: 4/7/2016 |
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***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Grace Cathryn Cretcher. The following case opening statistical information was erroneously selected/entered: Jury Demand code b (Both); Fee Status code due (due). The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff); the Fee Status code has been modified to pd (paid). (rch)
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| 5 |
Filed: 4/6/2016, Entered: 4/6/2016 |
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FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to 813CC40, re: 1 Complaint,. Document filed by 1EC21F8. (Cretcher, Grace) Modified on 4/7/2016 (rch).
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Request |
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| 4 |
Filed: 4/6/2016, Entered: 4/6/2016 |
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REQUEST FOR ISSUANCE OF SUMMONS as to Physician Affiliate Group of New York, P.C., re: 1 Complaint,. Document filed by 1EC21F8. (Cretcher, Grace)
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Request |
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| 3 |
Filed: 4/6/2016, Entered: 4/6/2016 |
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REQUEST FOR ISSUANCE OF SUMMONS as to New York Health and Hospitals Corporation, re: 1 Complaint,. Document filed by 1EC21F8. (Cretcher, Grace)
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Request |
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| 2 |
Filed: 4/6/2016, Entered: 4/6/2016 |
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CIVIL COVER SHEET filed. (Cretcher, Grace)
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Request |
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| 1 |
Filed: 4/6/2016, Entered: 4/6/2016 |
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COMPLAINT against New York Health and Hospitals Corporation, Physician Affiliate Group of New York, P.C., 813CC40. (Filing Fee $ 400.00, Receipt Number 0208-12155206)Document filed by 1EC21F8. (Attachments: # 1 Exhibit Exhibit 1)(Cretcher, Grace)
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Request |
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