Klinkowitz v. Jamaica Hospital Medical Center
New York Eastern District Court | |
Judge: | Eric R Komitee |
Referred: | Sanket J Bulsara |
Case #: | 1:20-cv-04440 |
Nature of Suit | 442 Civil Rights - Employment |
Cause | 42:2000e Job Discrimination (Employment) |
Case Filed: | Sep 21, 2020 |
Last checked: Saturday Mar 20, 2021 6:42 AM EDT |
Defendant
Jamaica Hospital Medical Center
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Represented By
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Plaintiff
Eliezer Klinkowitz
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Represented By
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Docket last updated: 04/30/2025 11:59 PM EDT |
Friday, July 01, 2022 | ||
order
Order Dismissing Case
Fri 07/01 10:13 AM
ORDER DISMISSING CASE -- As stipulated and agreed between the parties in the joint Stipulation49 filed on June 30, 2022, this action shall be dismissed with prejudice. The Clerk of Court is respectfully directed to mark this action closed. Ordered by Judge Eric R. Komitee on 7/1/2022. (Guy, Alicia) |
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Thursday, June 30, 2022 | ||
49 | 49
![]() STIPULATION of Dismissal With Prejudice and Proposed Order by Jamaica Hospital Medical Center (Hoey, Barbara) |
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Wednesday, June 15, 2022 | ||
order
Order on Motion for Extension of Time to File
Wed 06/15 9:50 AM
ORDER: The motion for an extension of time to file a stipulation of dismissal48 is granted. The parties are directed to file a stipulation of dismissal by 7/7/2022 . So Ordered by Magistrate Judge Sanket J. Bulsara on 6/15/2022. (Morrow, Emily) |
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Tuesday, June 14, 2022 | ||
48 | 48
![]() Letter MOTION for Extension of Time to File a Stipulation of Dismissal in this action. (Joint Request) by Eliezer Klinkowitz. (Fulop, Joshua) |
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Tuesday, May 17, 2022 | ||
order
Order(Other)
Tue 05/17 11:04 AM
ORDER: In light of the parties' notice of settlement47 , the parties are directed to file a stipulation of dismissal by 6/16/2022 . So Ordered by Magistrate Judge Sanket J. Bulsara on 5/17/2022. (Morrow, Emily) |
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Monday, May 16, 2022 | ||
47 | 47
![]() Letter advising that the parties have reached an agreement in principle resolving this matter. by Jamaica Hospital Medical Center (Hoey, Barbara) |
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Friday, April 22, 2022 | ||
order
Order on Motion for Extension of Time to Complete Discovery
Fri 04/22 1:44 PM
ORDER: The motion for extension of time to complete discovery46 is granted. The close of discovery is extended to 5/12/2022 . The parties are directed to file a status report by 5/16/2022 apprising the Court of the status of settlement and if parties must re-commence discovery. The Court otherwise adopts the proposed schedule: the deadline to complete all discovery is 8/15/2022 ; the last date to take the first step in dispositive motion practice shall be 10/15/2022 . So Ordered by Magistrate Judge Sanket J. Bulsara on 4/22/2022. (Morrow, Emily) |
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Thursday, April 21, 2022 | ||
46 | 46
![]() Letter MOTION for Extension of Time to Complete Discovery by Jamaica Hospital Medical Center. (Hoey, Barbara) |
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Monday, April 04, 2022 | ||
45 | 45
![]() ANSWER to44 Amended Complaint by Jamaica Hospital Medical Center. (Hoey, Barbara) |
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Monday, March 21, 2022 | ||
44 | 44
![]() AMENDED COMPLAINT against Jamaica Hospital Medical Center, filed by Eliezer Klinkowitz. (Fulop, Joshua) |
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Sunday, March 20, 2022 | ||
order
Order on Motion for Extension of Time to Complete Discovery
Sun 03/20 3:57 PM
ORDER: The Court grants a one-time stay of discovery until 4/21/2022 . The close of discovery is extended to 4/25/2022 . No later than 4/24/2022 , the parties should provide the Court a schedule for the completion of depositions and initiation of dispositive motion practice. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/20/2022. (Morrow, Emily) |
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Friday, March 18, 2022 | ||
43 | 43
![]() Letter MOTION for Extension of Time to Complete Discovery by Eliezer Klinkowitz. (Atkin, Jack) |
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Thursday, March 17, 2022 | ||
42 | 42
![]() ORDER: For the reasons stated in the attached Order, Klinkowitz's motion27 to amend to add Medisys Health Network, Inc. as a defendant is denied, and his motion to amend to correct his prayer for relief is granted. Klinkowitz shall file his amended Complaint as a separate docket entry by 3/21/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/17/2022. ( CORRECTION : see footnote on page 16). (Morrow, Emily) |
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order
Order on Motion for Extension of Time to Complete Discovery
Thu 03/17 11:13 AM
ORDER: The parties have moved for an extension of time and stay of discovery40 . As to the stay, the motion is denied. Participating in mediation is not a basis to stay a case, particularly when the parties provide no details about the extent of the discovery remaining. Should the parties reach a tentative settlement or settlement in principle, the Court would consider staying the case. As for the motion for the discovery extension, the motion is also denied, but without prejudice to renewal. Any amendment to the Rule 16 scheduling order requires a showing of good cause, which requires at a minimum a showing of what discovery remains to be conducted, and the diligence of the parties in attempting to meet the existing deadlines. The motion contains neither. And separately, the mere presence of new counsel in a case is not a sufficient basis to obtain a discovery extension. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/17/2022. (Morrow, Emily) |
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Wednesday, March 16, 2022 | ||
41 | 41
![]() ORDER: The motion to substitute attorney38 is granted. Attorney Dianna D. McCarthy and Attorney Esther Berkowitz Feuer are removed from the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/16/2022. (Morrow, Emily) |
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40 | 40
![]() Letter MOTION for Extension of Time to Complete Discovery by Jamaica Hospital Medical Center. (Hoey, Barbara) |
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Tuesday, March 15, 2022 | ||
39 | 39
![]() NOTICE of Appearance by Barbara E. Hoey on behalf of Jamaica Hospital Medical Center (aty to be noticed) (Hoey, Barbara) |
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38 | 38
![]() NOTICE of Consent to Change Attorney by Barbara E. Hoey . Stipulation of Substitution of Counsel that the law firm of Kelley Drye & Warren LLP be substituted as counsel of record for Defendant Jamaica Hospital Medical Center, in place of the law firm of Kaufman Borgeest & Ryan LLP. (Hoey, Barbara) |
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Monday, March 14, 2022 | ||
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![]() ORDER: For the reasons stated in the attached Order, Klinkowitz's motion27 to amend to add Medisys Health Network, Inc. as a defendant is denied, and his motion to amend to correct his prayer for relief is granted. Klinkowitz shall file his amended Complaint as a separate docket entry by 3/21/2022 . So Ordered by Magistrate Judge Sanket J. Bulsara on 3/14/2022. (Morrow, Emily) |
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Tuesday, February 15, 2022 | ||
36 | 36
![]() Letter to Judge Bulsara from Jack Atkin dated February 15, 2022 in response to Defendant Jamaica Hospital Medical Centers February 15, 2022 letter re: deposition of Bruce Flanz by Eliezer Klinkowitz (Atkin, Jack) |
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35 | 35
![]() Letter re: scope of Flanz deposition by Jamaica Hospital Medical Center (McCarthy, Dianna) |
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Monday, January 10, 2022 | ||
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![]() ORDER: For the reasons stated in the attached order, the motion for a protective order32 is granted in part and denied in part. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/10/2022. (Morrow, Emily) |
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Thursday, December 30, 2021 | ||
33 | 33
![]() RESPONSE in Opposition re32 MOTION for Protective Order filed by Eliezer Klinkowitz. (Fulop, Joshua) |
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Monday, December 27, 2021 | ||
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![]() MOTION for Protective Order by Jamaica Hospital Medical Center. (Feuer, Esther) |
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Friday, December 10, 2021 | ||
31 | 31
![]() REPLY in Support re27 MOTION to Amend/Correct/Supplement1 Complaint, filed by Eliezer Klinkowitz. (Atkin, Jack) |
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Tuesday, December 07, 2021 | ||
order
Order on Motion for Leave to File
Tue 12/07 11:22 AM
ORDER: The motion for leave to file a Reply30 is granted. Plaintiff shall file any Reply by 12/10/2021 . So Ordered by Magistrate Judge Sanket J. Bulsara on 12/7/2021. (Morrow, Emily) |
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Monday, December 06, 2021 | ||
30 | 30
![]() Letter MOTION for Leave to File Document re: Request to File Reply Brief on Plaintiff's Motion for Leave to Amend by Eliezer Klinkowitz. (Atkin, Jack) |
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Friday, December 03, 2021 | ||
29 | 29
![]() RESPONSE in Opposition re27 MOTION to Amend/Correct/Supplement1 Complaint, filed by Jamaica Hospital Medical Center. (McCarthy, Dianna) |
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Tuesday, November 23, 2021 | ||
order
Order on Motion to Compel Order on Motion for Extension of Time to Complete Discovery
Tue 11/23 7:39 PM
ORDER: Plaintiff has filed a motion to compel discovery24 . It is denied without prejudice to renewal. The motion reflects a failure of the parties to properly meet and confer, and the failure to tailor discovery to the proportional needs of the claims, defenses or the case. Plaintiff admits in his motion that in their final conversation prior to filing the motion, Defendant informed him it had run searches on documents which produced 120,000 documents and was working to discuss review protocols with Plaintiff. But rather than seeking a mutually agreed upon motion to extend discovery, Plaintiff filed the motion to compel. The premature filing of the motion is evidenced in its deficits. The motion alleges that Plaintiff has not produced any electronic records in response to his Phase II discovery requests, but does not wait to review the documents Defendant--as both sides agree--has collected and intends to review for production. As a result, the motion contains no detail about what might be missing from the collection and production efforts. Global, conclusory, and generalized assertions that documents must be missing from Defendant's production have no persuasive effect. Without knowing what is missing, the Court can only issue a generic order that amounts to "produce documents in response to Plaintiff's requests," i.e. an order that is difficult to police or to comply with. While such an order may be appropriate in a case where a defendant makes no efforts to compile or produce documents, this is not such a case, where Defendant has taken efforts, and hired a vendor to assist in the collection and production process. As for some of the specific information Plaintiff contends is missing, the arguments do little to move the needle. Plaintiff mentions metadata, but provides no warrant for why metadata is appropriate to collect and produce in the case. (The Court interprets the Plaintiffs objection not to the production format, which must be electronic, if the documents were originally electronic, but to the absence of metadata). Nor is the type of metadata sought identified. Aguilar v. Immigr. & Customs Enf't Div. of U.S. Dep't of Homeland Sec. , 255 F.R.D. 350, 354 (S.D.N.Y. 2008) ("Although metadata often is lumped into one generic category, there are at least several distinct types, including substantive (or application) metadata, system metadata, and embedded metadata."). Without such information, the Court finds no reason to compel metadata. See In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig. , No. CV 14 MD 2542, 2020 WL 1940557, at *2 (S.D.N.Y. Apr. 22, 2020). As for the assertions of failure to produce WhatsApp and text messages and the failure to produce "critical information," without tethering the motion to specific requests, and more importantly, without reviewing the upcoming production from Defendant, the motion gives the Court no ability to determine whether Defendant is refusing to produce documents or whether the documents do not exist. The motion may be renewed as to these elements upon completion of production by Defendant and review by Plaintiff (and of course, a meet-and-confer that complies with the Court's Individual Practices). The motion for sanctions and monetary relief is denied, in light of the denial of the motion. The completion of all discovery, including fact discovery, is extended to March 17, 2022 . So Ordered by Magistrate Judge Sanket J. Bulsara on 11/23/2021. (Morrow, Emily) |
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Wednesday, November 17, 2021 | ||
28 | 28
![]() Letter re: proposed briefing schedule by Jamaica Hospital Medical Center (McCarthy, Dianna) |
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Monday, November 15, 2021 | ||
27 | 27
![]() MOTION to Amend/Correct/Supplement1 Complaint, by Eliezer Klinkowitz. (Atkin, Jack) |
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Friday, November 12, 2021 | ||
26 | 26
![]() Letter MOTION for Extension of Time to Complete Discovery by Eliezer Klinkowitz. (Atkin, Jack) |
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Thursday, November 11, 2021 | ||
25 | 25
![]() RESPONSE in Opposition re24 Letter MOTION to Compel Disclosure of Documents and Sanctions filed by Jamaica Hospital Medical Center. (Feuer, Esther) |
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Monday, November 08, 2021 | ||
24 | 24
![]() Letter MOTION to Compel Disclosure of Documents and Sanctions by Eliezer Klinkowitz. (Fulop, Joshua) |
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Friday, September 24, 2021 | ||
order
Order on Motion for Extension of Time to Complete Discovery
Fri 09/24 1:38 PM
ORDER: The motion for extension of time to complete discovery23 is granted. The discovery deadlines are extended as follows: all fact discovery completed by 11/12/2021 ; all discovery completed by 3/17/2022 ; the first step in dispositive motion practice by 4/14/2022 . So Ordered by Magistrate Judge Sanket J. Bulsara on 9/24/2021. (Morrow, Emily) |
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Thursday, September 23, 2021 | ||
23 | 23
![]() Letter MOTION for Extension of Time to Complete Discovery by Eliezer Klinkowitz. (Atkin, Jack) |
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Friday, August 06, 2021 | ||
22 | 22
![]() NOTICE of Appearance by Elliott Wolf on behalf of Eliezer Klinkowitz (aty to be noticed) (Wolf, Elliott) |
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Wednesday, July 28, 2021 | ||
order
Order on Motion to Withdraw as Attorney
Wed 07/28 9:48 AM
ORDER: The Motion to Withdraw as Attorney21 is granted. Attorney Laura Baldwin Juffa is hereby terminated. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/28/2021. (Farrell, Gillian) |
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order
Order on Motion for Extension of Time to Complete Discovery
Wed 07/28 9:51 AM
ORDER: The Motion for Extension of Time to Complete Discovery20 is granted. The deadline for completion of fact discovery is 9/28/2021 . The deadline for completion of all discovery is 1/31/2022 . The last date to take the first step in dispositive motion practice is 2/28/2022 . So Ordered by Magistrate Judge Sanket J. Bulsara on 7/28/2021. (Farrell, Gillian) |
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Tuesday, July 27, 2021 | ||
21 | 21
![]() MOTION to Withdraw as Attorney by Jamaica Hospital Medical Center. (Juffa, Laura) |
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20 | 20
![]() Letter MOTION for Extension of Time to Complete Discovery by Jamaica Hospital Medical Center. (McCarthy, Dianna) |
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Thursday, July 15, 2021 | ||
19 | 19
![]() NOTICE of Appearance by Dianna D. McCarthy on behalf of Jamaica Hospital Medical Center (aty to be noticed) (McCarthy, Dianna) |
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Thursday, April 29, 2021 | ||
minutes
Settlement Conference
Thu 04/29 7:15 PM
Minute Entry and Order: A settlement conference was held before Magistrate Judge Sanket J. Bulsara on 4/29/2021. Counsel and clients for all parties were present. A settlement was not reached. The parties may request another settlement conference with the Court by filing a joint motion if they believe one would be fruitful. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/29/2021. (Log # 5:06-6:40) (Farrell, Gillian) |
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Wednesday, April 28, 2021 | ||
order
1 - Terminate Hearings ~Util - Set Hearings
Wed 04/28 3:59 PM
ORDER: The Settlement Conference scheduled for 4/29/2021 at 4:00PM will be held on 4/29/2921 at 5:00 PM before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/28/2021. (Farrell, Gillian) |
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Monday, April 12, 2021 | ||
minutes
Settlement Conference ~Util - Set Hearings
Mon 04/12 2:14 PM
Minute Entry and Order: A settlement conference was held on 4/12/2021 before Magistrate Judge Sanket J. Bulsara. Counsel and clients for all parties present. The Court will hold an additional settlement conference on 4/29/2021 at 4:00 PM by video before Magistrate Judge Sanket J. Bulsara. Plaintiff's counsel is directed to confer with Defendant's counsel prior to the second settlement conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/12/2021. (Log #10:33-1:29) (Farrell, Gillian) |
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Wednesday, April 07, 2021 | ||
18 | 18
![]() NOTICE of Appearance by Ziporah Reich on behalf of All Plaintiffs (aty to be noticed) |
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Tuesday, February 16, 2021 | ||
17 | 17
![]() NOTICE of Appearance by Esther Berkowitz Feuer on behalf of Jamaica Hospital Medical Center (aty to be noticed) (Feuer, Esther) |
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Friday, December 18, 2020 | ||
minutes
Initial Conference Hearing ~Util - Set Deadlines/Hearings
Fri 12/18 1:35 PM
Minute Entry And Order for proceeding before Magistrate Judge Sanket J. Bulsara: An initial/telephone conference was held on 12/18/2020; all parties were present. The parties shall submit a joint certification that discovery has been completed by 11/30/2021 . Deadlines set based on parties' submitted joint discovery worksheet and are as follow: All fact discovery shall be completed by 7/30/2021 ; completion of all discovery by 11/30/2021 ; the last date to take the first step in dispositive motion practice shall be 12/30/2021 . A settlement conference will be held on 4/12/2021 at 10:30 A.M. via video before Magistrate Judge Bulsara. All parties must be present. Parties are to submit their respective ex parte settlement positions via Chamber's email no later than three days before 4/12/2021 . Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/18/2020 (AT&T Log #11:00-11:36.) (Manson, Eddie) |
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Wednesday, December 16, 2020 | ||
16 | 16
![]() Proposed Scheduling Order / Proposed Discovery Plan by Eliezer Klinkowitz (Fulop, Joshua) |
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![]() NOTICE of Appearance by Joshua David Fulop on behalf of Eliezer Klinkowitz (notification declined or already on case) (Fulop, Joshua) |
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14 | 14
![]() NOTICE of Appearance by Jack Atkin on behalf of Eliezer Klinkowitz (aty to be noticed) (Atkin, Jack) |
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Monday, November 30, 2020 | ||
13 | 13
![]() ANSWER to1 Complaint, by Jamaica Hospital Medical Center. (Juffa, Laura) |
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![]() Corporate Disclosure Statement by Jamaica Hospital Medical Center (Juffa, Laura) |
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Friday, November 13, 2020 | ||
order
Order on Motion for Extension of Time to Answer
Fri 11/13 4:17 PM
ORDER: The Motion for Extension of Time to Answer11 is granted. Defendant shall answer, move, or otherwise respond to the Complaint1 by 11/30/2020 . So Ordered by Magistrate Judge Sanket J. Bulsara on 11/13/2020. (Farrell, Gillian) |
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Thursday, November 12, 2020 | ||
11 | 11
![]() MOTION for Extension of Time to File Answer by Jamaica Hospital Medical Center. (Juffa, Laura) |
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order
Order on Motion to Substitute Attorney
Thu 11/12 9:20 PM
ORDER: The Motion to Substitute Attorney9 is granted. Attorney Valerie K Ferrier is hereby terminated. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/12/2020. (Farrell, Gillian) |
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Wednesday, November 11, 2020 | ||
10 | 10
![]() NOTICE of Appearance by Laura Baldwin Juffa on behalf of Jamaica Hospital Medical Center (notification declined or already on case) (Juffa, Laura) |
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order
Order(Other)
Wed 11/11 12:21 PM
ORDER: In light of the motion to substitute attorney9 , Defendant is directed to file a notice of appearance of Attorney Laura Baldwin Juffa by 11/13/2020 . So Ordered by Magistrate Judge Sanket J. Bulsara on 11/11/2020. (Farrell, Gillian) |
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Tuesday, November 10, 2020 | ||
9 | 9
![]() MOTION to Substitute Attorney by Jamaica Hospital Medical Center. (Juffa, Laura) |
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Wednesday, October 07, 2020 | ||
8 | 8
![]() SCHEDULING ORDER: An initial/telephone conference will be held on 12/18/2020 at 11:00AM before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274 . The access code is 6534420 . The parties shall dial in five (5) minutes before the 11:00 AM conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 12/18/2020 . Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/7/2020. (Manson, Eddie) |
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order
Order on Motion for Extension of Time to Answer
Wed 10/07 3:58 PM
ORDER: The motion for an extension of time to answer7 is granted. Defendant shall answer Complaint1 by 11/13/2020 . So Ordered by Magistrate Judge Sanket J. Bulsara on 10/7/2020. (Farrell, Gillian) |
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Tuesday, October 06, 2020 | ||
7 | 7
![]() Consent MOTION for Extension of Time to File Response/Reply to the Complaint by Jamaica Hospital Medical Center. (Ferrier, Valerie) |
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Monday, September 28, 2020 | ||
6 | 6
![]() NOTICE of Appearance by Valerie K Ferrier on behalf of Jamaica Hospital Medical Center (aty to be noticed) (Ferrier, Valerie) |
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Friday, September 25, 2020 | ||
5 | 5
![]() SUMMONS Returned Executed by Eliezer Klinkowitz. Jamaica Hospital Medical Center served on 9/23/2020, answer due 10/14/2020. (Fulop, Joshua) |
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Wednesday, September 23, 2020 | ||
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![]() Summons Issued as to Jamaica Hospital Medical Center. (Davis, Kimberly) |
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3 | 3
![]() This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
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2 | 2
![]() In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
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utility
Case Assigned/Reassigned
Wed 09/23 8:32 AM
Case Assigned to Judge Eric R. Komitee and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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Monday, September 21, 2020 | ||
1 | 1
![]() COMPLAINT against Jamaica Hospital Medical Center filing fee $ 400, receipt number ANYEDC-13396226 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Eliezer Klinkowitz. (Fulop, Joshua) |
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