Wermann v. Excel Dentistry, P.C. et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:13-cv-07028-DAB
District Judge Deborah A. Batts, presiding

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Last Updated December 8, 2020 at 2:19 AM ST (4.3 months ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Claudine Wermann, Plaintiff

Toggle Switch Represented by Thompson Wigdor & Gilly, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Evan Gottlieb +1 212 257 6800 +1 212 257 6845 dgottlieb@wigdorlaw.com
ATTORNEY TO BE NOTICED Douglas Holden Wigdor +1 212 239 9292 +1 212 239 9001 dwigdor@wigdorlaw.com
No Logo Excel Dentistry, P.C., Counter-Defendant
No Logo George Michael Medeiros, Counter-Defendant
Citation Section 28 U.S.C. § 1332
Nature of Suit 442 - Civil Rights: Employment
  Entries (55) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 45 Filed: 1/21/2015, Entered: 1/21/2015 Stipulation and Order of DismissalCourt Filing
STIPULATION OF DISMISSAL WITH PREJUDICE: that all claims asserted by Plaintiff-Counter Defendant Claudine Wermann ("Plaintiff') against Defendants Excel Dentistry, P.C. and George Michael Medeiros ("Defendants") are dismissed with prejudice, and all counter-claims asserted by Defendants against Plaintiff are dismissed with prejudice. (Signed by Judge Deborah A. Batts on 1/21/2015) (tn)
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    Blank  Note to Attorney - Document Referred to Judge for Approval
    ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Mary Dorman Document [44] Stipulation of Voluntary Dismissal was referred to Judge Deborah A. Batts for approval. (km)
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      Legal Document (Payment Possibly Required) 44 Filed: 1/12/2015, Entered: 1/12/2015 Stipulation of Voluntary Dismissal
      DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by George Michael Medeiros, Excel Dentistry, P.C..(Dorman, Mary) Modified on 1/13/2015 (km).
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        Legal Document (Payment Possibly Required) 43 Filed: 12/24/2014, Entered: 12/24/2014 letterCourt Filing
        LETTER addressed to Judge Deborah A. Batts from David E. Gottlieb dated December 24, 2014 re: Settlement Agreement. Document filed by Claudine Wermann.(Gottlieb, David)
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          Blank  settlement conference
          Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 12/17/2014. (jnm)
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            Legal Document (Payment Possibly Required) 42 Filed: 12/3/2014, Entered: 12/3/2014 Scheduling OrderCourt Filing
            SETTLEMENT CONFERENCE ORDER: The settlement conference scheduled for Wednesday, December 17, 2014, at 10:00 a.m. is RESCHEDULED for Wednesday, December 17, 2014, at 9:00 a.m., in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at http://www.nysd.uscourts.gov/judge/Netburn. As further explained in my Procedures, all parties not just the attorneys must attend the settlement conference in person. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letter, which is to be submitted by Wednesday, December 10, 2014. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. SO ORDERED. Settlement Conference set for 12/17/2014 at 09:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (Signed by Magistrate Judge Sarah Netburn on 12/3/2014) (ajs)
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              Legal Document (Payment Possibly Required) 41 Filed: 11/24/2014, Entered: 11/24/2014 Order on Motion for conferenceCourt Filing
              SETTLEMENT CONFERENCE ORDER granting [39] Letter Motion for Conference. A settlement conference is scheduled for Wednesday, December 17, 2014, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at http://www.nysd.uscourts.gov/judge/Netburn. As further explained in my Procedures, all parties not just the attorneys must attend the settlement conference in person. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letter, which is to be submitted by Wednesday, December 10, 2014. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. SO ORDERED. Settlement Conference set for 12/17/2014 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (Signed by Magistrate Judge Sarah Netburn on 11/24/2014) (ajs)
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                Legal Document (Payment Possibly Required) 40 Filed: 11/21/2014, Entered: 11/21/2014 Order Referring Case to Magistrate JudgeCourt Filing
                ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Parties have requested conference on 12/9, 12/11, 12/15, 12/16, or 12/17. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Deborah A. Batts on 11/21/2014) (kgo)
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                  Legal Document (Payment Possibly Required) 39 Filed: 11/7/2014, Entered: 11/7/2014, Terminated: 11/24/2014 Motion for ConferenceCourt Filing
                  LETTER MOTION for Conference re Settlement addressed to Judge Deborah A. Batts from David E. Gottlieb dated November 7, 2014. Document filed by Claudine Wermann.(Gottlieb, David)
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                    Legal Document (Payment Possibly Required) 38 Filed: 10/6/2014, Entered: 10/6/2014 Order on Motion to DismissCourt Filing
                    ORDER granting [26] Motion to Dismiss. Before the Court is Plaintiff's Motion to Dismiss Defendants' Counterclaims. On November 8, 2013, Plaintiff filed her Amended Complaint in the above captioned action. Defendants filed a Motion to Dismiss the Amended Complaint on November 22, 2013, which this Court denied on February 25, 2014. On March 25, 2014, Defendants filed an Amended Answer, Affirmative Defenses, and Counterclaims ("Amended Answer"). Plaintiff moved to dismiss Defendants' Counterclaims on April 17, 2014. For the reasons that follow herein, Plaintiff's Motion to Dismiss Defendants' Counterclaims is GRANTED. (Signed by Judge Deborah A. Batts on 10/6/2014) (kgo)
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                      Legal Document (Payment Possibly Required) 37 Filed: 10/2/2014, Entered: 10/2/2014 Scheduling OrderCourt Filing
                      SCHEDULING ORDER: This is a jury trial. Estimated trial time is 2-3 days. Motions due by 2/27/2015 most unlikely. Discovery due by 1/30/2015. Fifth cause of action is dismissed without prejudice: unlawful deductions in violation of NYLL section 193; Sixth cause of action is dismissed w/out prejudice as well: retaliation in violation of NYLL section 193. (Signed by Judge Deborah A. Batts on 10/2/2014) (kgo)
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                        Legal Document (Payment Possibly Required) 36 Filed: 10/2/2014, Entered: 10/2/2014 Notice of appearance
                        NOTICE OF APPEARANCE by Paul O'Dwyer on behalf of Excel Dentistry, P.C., George Michael Medeiros. (O'Dwyer, Paul)
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                          Blank  Pretrial Conference - Interim
                          Minute Entry for proceedings held before Judge Deborah A. Batts: Pretrial Conference held on 10/2/2014. (Landers, Rigoberto)
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                            Blank  ***Set/Reset Deadlines
                            Set/Reset Deadlines: Expert Discovery due by 1/30/2015. (kgo)
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                              Legal Document (Payment Possibly Required) 35 Filed: 9/19/2014, Entered: 9/19/2014 Notice of appearance
                              NOTICE OF APPEARANCE by Brian Bodansky on behalf of Claudine Wermann. (Bodansky, Brian)
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                                Legal Document (Payment Possibly Required) 34 Filed: 7/24/2014, Entered: 7/24/2014, Terminated: 10/3/2014 Motion for Conference
                                MOTION for Conference opposed by Defendants. Document filed by Excel Dentistry, P.C., George Michael Medeiros. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit)(Dorman, Mary)
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                                  Legal Document (Payment Possibly Required) 33 Filed: 7/18/2014, Entered: 7/18/2014, Terminated: 10/3/2014 Motion for ConferenceCourt Filing
                                  LETTER MOTION for Conference regarding Plaintiff's Request to File a Motion to Compel addressed to Judge Deborah A. Batts from David E. Gottlieb dated July 18, 2014. Document filed by Claudine Wermann. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Gottlieb, David)
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                                    Legal Document (Payment Possibly Required) 32 Filed: 5/16/2014, Entered: 5/16/2014 Reply Memorandum of Law in Support of Motion
                                    REPLY MEMORANDUM OF LAW in Support re: [26] MOTION to Dismiss Defendants' Counterclaims. . Document filed by Claudine Wermann. (Gottlieb, David)
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                                      Legal Document (Payment Possibly Required) 31 Filed: 5/8/2014, Entered: 5/8/2014 Order on Motion for Extension of Time to File Response / ReplyCourt Filing
                                      ORDER granting [30] Letter Motion for Extension of Time to File Response/Reply re [30] FIRST LETTER MOTION for Extension of Time to File Response/Reply in Further Support of Motion to Dismiss Defendants' Counterclaims addressed to Judge Deborah A. Batts from Matthew R. Pisciotta dated May 7, 2014. Granted. SO ORDERED. Replies due by 5/16/2014. (Signed by Judge Deborah A. Batts on 5/8/2014) (ja)
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                                        Legal Document (Payment Possibly Required) 30 Filed: 5/7/2014, Entered: 5/7/2014, Terminated: 5/8/2014 motion for extension of time to file response/replyCourt Filing
                                        FIRST LETTER MOTION for Extension of Time to File Response/Reply in Further Support of Motion to Dismiss Defendants' Counterclaims addressed to Judge Deborah A. Batts from Matthew R. Pisciotta dated May 7, 2014. Document filed by Claudine Wermann.(Pisciotta, Matthew)
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                                          Legal Document (Payment Possibly Required) 29 Filed: 5/1/2014, Entered: 5/1/2014 Memorandum of Law in Opposition to Motion
                                          MEMORANDUM OF LAW in Opposition re: [26] MOTION to Dismiss Defendants' Counterclaims. . Document filed by Excel Dentistry, P.C., George Michael Medeiros. (Attachments: # (1) Exhibit)(Dorman, Mary)
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                                            Legal Document (Payment Possibly Required) 28 Filed: 4/17/2014, Entered: 4/17/2014 Declaration in Support of Motion
                                            DECLARATION of David E. Gottlieb in Support re: [26] MOTION to Dismiss Defendants' Counterclaims.. Document filed by Claudine Wermann. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Gottlieb, David)
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                                              Legal Document (Payment Possibly Required) 27 Filed: 4/17/2014, Entered: 4/17/2014 Memorandum of Law in Support of Motion
                                              MEMORANDUM OF LAW in Support re: [26] MOTION to Dismiss Defendants' Counterclaims.. Document filed by Claudine Wermann. (Gottlieb, David)
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                                                Legal Document (Payment Possibly Required) 26 Filed: 4/17/2014, Entered: 4/17/2014, Terminated: 10/6/2014 Motion to Dismiss
                                                MOTION to Dismiss Defendants' Counterclaims. Document filed by Claudine Wermann.(Gottlieb, David)
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                                                  Legal Document (Payment Possibly Required) 25 Filed: 4/16/2014, Entered: 4/16/2014 Notice of appearance
                                                  NOTICE OF APPEARANCE by Matthew Richard Pisciotta on behalf of Claudine Wermann. (Pisciotta, Matthew)
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                                                    Legal Document (Payment Possibly Required) 24 Filed: 3/25/2014, Entered: 3/25/2014 Answer to amended complaint
                                                    ANSWER to [7] Amended Complaint with JURY DEMAND., COUNTERCLAIM against Claudine Wermann. Document filed by Excel Dentistry, P.C., George Michael Medeiros.(Dorman, Mary)
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                                                      Legal Document (Payment Possibly Required) 23 Filed: 2/25/2014, Entered: 2/25/2014 Order on Motion to DismissCourt Filing
                                                      MEMORANDUM AND ORDER denying [10] Motion to Dismiss. For the foregoing reasons, Defendants' Motion to Dismiss the Amended Complaint and Motion to Strike the Amended Complaint are DENIED. Defendants shall file an Answer within 30 days of the date of this Order. (Signed by Judge Deborah A. Batts on 2/25/2014) (ja)
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                                                        Legal Document (Payment Possibly Required) 22 Filed: 1/30/2014, Entered: 1/30/2014 Reply to Response to motionCourt Filing
                                                        LETTER REPLY to Response to Motion addressed to Judge Deborah A. Batts from Mary D. Dorman dated January 30, 2014 re: [20] LETTER MOTION for Conference addressed to Judge Deborah A. Batts from Mary D. Dorman, Esq. dated January 27, 2014.. Document filed by Excel Dentistry, P.C., George Michael Medeiros. (Dorman, Mary)
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                                                          Legal Document (Payment Possibly Required) 21 Filed: 1/30/2014, Entered: 1/30/2014 response in opposition to motionCourt Filing
                                                          LETTER RESPONSE in Opposition to Motion addressed to Judge Deborah A. Batts from David E. Gottlieb dated 1/30/14 re: [20] LETTER MOTION for Conference addressed to Judge Deborah A. Batts from Mary D. Dorman, Esq. dated January 27, 2014.. Document filed by Claudine Wermann. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Gottlieb, David)
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                                                            Legal Document (Payment Possibly Required) 20 Filed: 1/27/2014, Entered: 1/27/2014, Terminated: 2/25/2014 Motion for ConferenceCourt Filing
                                                            LETTER MOTION for Conference addressed to Judge Deborah A. Batts from Mary D. Dorman, Esq. dated January 27, 2014. Document filed by Excel Dentistry, P.C., George Michael Medeiros.(Dorman, Mary)
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                                                              Legal Document (Payment Possibly Required) 18 Filed: 12/16/2013, Entered: 12/16/2013 Reply to Response to motion
                                                              REPLY to Response to Motion re: [10] FIRST MOTION to Dismiss Complaint and/or Amended Complaint.. Document filed by Excel Dentistry, P.C., George Michael Medeiros. (O'Dwyer, Paul)
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                                                                Blank  Mediator Session Held
                                                                Mediator Session Held on 12/02/2013 at Mediator's Office.(ms)
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                                                                  Legal Document (Payment Possibly Required) 17 Filed: 12/6/2013, Entered: 12/6/2013 Memorandum of Law in Opposition to Motion
                                                                  MEMORANDUM OF LAW in Opposition re: [10] FIRST MOTION to Dismiss Complaint and/or Amended Complaint.. Document filed by Claudine Wermann. (Gottlieb, David)
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                                                                    Legal Document (Payment Possibly Required) 16 Filed: 12/6/2013, Entered: 12/6/2013 Declaration in Opposition to Motion
                                                                    DECLARATION of David E. Gottlieb, Esq. in Opposition re: [10] FIRST MOTION to Dismiss Complaint and/or Amended Complaint.. Document filed by Claudine Wermann. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Gottlieb, David)
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                                                                    Legal Document (Payment Possibly Required) 15 Filed: 11/25/2013, Entered: 11/25/2013 Declaration in Support of Motion
                                                                    DECLARATION in Support re: [10] FIRST MOTION to Dismiss Complaint and/or Amended Complaint.. Document filed by Excel Dentistry, P.C., George Michael Medeiros. (Dorman, Mary)
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                                                                      Legal Document (Payment Possibly Required) 14 Filed: 11/25/2013, Entered: 11/25/2013 Affidavit in Support of Motion
                                                                      AFFIDAVIT in Support re: [10] FIRST MOTION to Dismiss Complaint and/or Amended Complaint.. Document filed by Excel Dentistry, P.C., George Michael Medeiros. (Dorman, Mary)
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                                                                        Legal Document (Payment Possibly Required) 13 Filed: 11/25/2013, Entered: 11/25/2013 Memorandum of Law in Support of Motion
                                                                        FIRST MEMORANDUM OF LAW in Support re: [10] FIRST MOTION to Dismiss Complaint and/or Amended Complaint.. Document filed by Excel Dentistry, P.C., George Michael Medeiros. (Dorman, Mary)
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                                                                          Legal Document (Payment Possibly Required) 12 Filed: 11/25/2013, Entered: 11/25/2013 Order on Motion for conferenceCourt Filing
                                                                          ORDER granting [8] Letter Motion for Conference. Granted. (Signed by Judge Deborah A. Batts on 11/25/2013) (ft)
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                                                                            Legal Document (Payment Possibly Required) 11 Filed: 11/22/2013, Entered: 11/22/2013 Memorandum of Law in Support of Motion
                                                                            FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MEMORANDUM OF LAW in Support re: [10] FIRST MOTION to Dismiss Complaint and/or Amended Complaint.. Document filed by Excel Dentistry, P.C., George Michael Medeiros. (Attachments: # (1) Affidavit, # (2) Affidavit)(Dorman, Mary) Modified on 11/25/2013 (ldi).
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                                                                              Legal Document (Payment Possibly Required) 10 Filed: 11/22/2013, Entered: 11/22/2013, Terminated: 2/25/2014 Motion to Dismiss
                                                                              FIRST MOTION to Dismiss Complaint and/or Amended Complaint. Document filed by Excel Dentistry, P.C., George Michael Medeiros.(Dorman, Mary)
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                                                                                Legal Document (Payment Possibly Required) 9 Filed: 11/22/2013, Entered: 11/22/2013, Terminated: 11/25/2013 Motion for ConferenceCourt Filing
                                                                                FIRST LETTER MOTION for Conference re: [8] LETTER MOTION for Conference Regarding Plaintiff's Filing of an Amended and/or Supplemental Complaint addressed to Judge Deborah A. Batts from David E. Gottlieb, Esq. dated 11-21-2013. Response to Letter Motion addressed to Judge Deborah A. Batts from Mary D. Dorman, Attorney for Defendants dated 11/22/2013. Document filed by Excel Dentistry, P.C..(Dorman, Mary)
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                                                                                  Blank  Notice to Attorney to Re-File Document - Deficient Docket Entry Error
                                                                                  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mary Dale Dorman to RE-FILE Document [11] Memorandum of Law in Support of Motion. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affidavit in Support of Motion and Declaration in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
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                                                                                    Legal Document (Payment Possibly Required) 8 Filed: 11/21/2013, Entered: 11/21/2013, Terminated: 11/25/2013 Motion for ConferenceCourt Filing
                                                                                    LETTER MOTION for Conference Regarding Plaintiff's Filing of an Amended and/or Supplemental Complaint addressed to Judge Deborah A. Batts from David E. Gottlieb, Esq. dated 11-21-2013. Document filed by Claudine Wermann.(Gottlieb, David)
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                                                                                      Legal Document (Payment Possibly Required) 7 Filed: 11/8/2013, Entered: 11/14/2013 Amended complaint
                                                                                      AMENDED COMPLAINT amending [1] Complaint against Excel Dentistry, P.C., George Michael Medeiros with JURY DEMAND. Document filed by Claudine Wermann. Related document: [1] Complaint filed by Claudine Wermann.(ja)
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                                                                                        Blank  Mediation Conference Scheduled/Re-Scheduled
                                                                                        MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for December 2, 2013 at 10:30 AM. Session to take place at Mediator's office.(cda)
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                                                                                          Blank  Notice of Mediator Assignment
                                                                                          NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/2/2013.(cda)
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                                                                                            Legal Document (Payment Possibly Required) 6 Filed: 10/24/2013, Entered: 10/25/2013 Order of Automatic Referral to MediationCourt Filing
                                                                                            ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Order filed January 3, 2011). Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 11/4/2013. (Signed by Judge Loretta A. Preska on 1/3/2011) (rpr)
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                                                                                              Legal Document (Payment Possibly Required) 5 Filed: 10/24/2013, Entered: 10/24/2013 Answer to Complaint
                                                                                              ANSWER to [1] Complaint with JURY DEMAND., COUNTERCLAIM against Excel Dentistry, P.C., George Michael Medeiros. Document filed by Excel Dentistry, P.C., George Michael Medeiros.(Dorman, Mary)
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                                                                                                Legal Document (Payment Possibly Required) 4 Filed: 10/24/2013, Entered: 10/24/2013 Rule 7.1 Corporate Disclosure Statement
                                                                                                RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Excel Dentistry, P.C., George Michael Medeiros.(Dorman, Mary)
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                                                                                                  Legal Document (Payment Possibly Required) 3 Filed: 10/23/2013, Entered: 10/23/2013 Notice of appearance
                                                                                                  NOTICE OF APPEARANCE by Mary Dale Dorman on behalf of Excel Dentistry, P.C., George Michael Medeiros. (Dorman, Mary)
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                                                                                                    Legal Document (Payment Possibly Required) 2 Filed: 10/15/2013, Entered: 10/15/2013 Notice of appearance
                                                                                                    NOTICE OF APPEARANCE by Mary Dale Dorman on behalf of Excel Dentistry, P.C., George Michael Medeiros. (Dorman, Mary)
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                                                                                                      Legal Document 1 Filed: 10/3/2013, Entered: 10/3/2013 Complaint
                                                                                                      COMPLAINT against Excel Dentistry, P.C., George Michael Medeiros. (Filing Fee $ 350.00, Receipt Number 465401078179)Document filed by Claudine Wermann.(jd) (jd).
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                                                                                                        Blank  Case Designated ECF.
                                                                                                        Case Designated ECF. (jd)
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                                                                                                          Blank  Case Designation
                                                                                                          Magistrate Judge Sarah Netburn is so designated. (jd)
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                                                                                                            Blank  Summons issued
                                                                                                            SUMMONS ISSUED as to Excel Dentistry, P.C., George Michael Medeiros. (jd)
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