Kosiba v. Catholic Health Systems of Long Island, Inc.
| New York Eastern District Court | |
| Judge: | Gary R Brown |
| Referred: | Arlene R Lindsay |
| Case #: | 2:21-cv-06416 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 42:1201 Civil Rights (Disability) |
| Case Filed: | Dec 08, 2021 |
| Re-opened: | Feb 25, 2022 |
| Terminated: | Dec 13, 2022 |
| Last checked: Monday Jun 06, 2022 4:58 AM EDT |
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Defendant
Catholic Health Systems of Long Island, Inc.
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Represented By
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Plaintiff
Andrew Kosiba
33 Neal Path
South Setauket, NY 11720 |
GPO
Nov 18 2022
REPORT AND RECOMMENDATIONS re 33, 35: See the attached Report and Recommendation for details. Ordered by Magistrate Judge Arlene R. Lindsay on 11/18/2022. c/ecf (RI) |
| Docket last updated: 05/03/2024 11:59 PM EDT |
| Tuesday, January 10, 2023 | ||
| 45 | 45
appeal
USCA Appeal Fees
Tue 01/10 1:53 PM
USCA Appeal Fees received $ 505 receipt number 200000913 re44 Notice of Appeal filed by Andrew Kosiba (CL) |
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appeal
Electronic Index to Record on Appeal
Tue 01/10 1:54 PM
First Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals.44 Notice of Appeal; Appeal Fee Paid. Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (CL) |
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| Wednesday, January 04, 2023 | ||
| 44 | 44
appeal
Notice of Appeal
Wed 01/04 11:31 AM
NOTICE OF APPEAL by Andrew Kosiba. IFP has been denied for any appeal purpose. Fee due. (CL) |
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appeal
Electronic Index to Record on Appeal
Wed 01/04 11:32 AM
Electronic Index to Record on Appeal sent to US Court of Appeals.44 Notice of Appeal; Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (CL) |
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appeal
Appeal Filing Fee Due
Wed 01/04 11:33 AM
APPEAL FILING FEE DUE re44 Notice of Appeal Payment in the amount of $505.00, can be made in person to the clerks office or mailed in. (CL) |
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| Thursday, December 15, 2022 | ||
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order
Order on Motion to Vacate
Thu 12/15 3:47 PM
ORDER denying43 Motion to Vacate43 MOTION to Vacate Order Adopting Report and Recommendations, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Amend/Correct/Supplement, Order on Report and Recommendations. After careful consideration by the Court, the motion is denied. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to serve a copy of this Order on the pro se plaintiff. Ordered by Judge Gary R. Brown on 12/15/2022. (LJ) |
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| Wednesday, December 14, 2022 | ||
| 43 | 43
motion
Vacate
Wed 12/14 2:11 PM
MOTION to Vacate Order Adopting Report and Recommendations,,,,,,,,,,,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,,,,,,, Order on Motion to Amend/Correct/Supplement,,,,,,,,,,,,,,,, Order on Report and Recommendations,,,,,,,,,,,,,,, MOTION TO SET ASIDE OR VACATE AND REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW by Andrew Kosiba. (GO) |
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| Tuesday, December 13, 2022 | ||
| 42 | 42
order
Judgment - Clerk
Tue 12/13 10:10 AM
CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiff Andrew Kosiba take nothing of Defendant Catholic Health System of Long Island, Inc.; that Defendant's motion to dismiss the Second Amended Complaint is granted; that Plaintiff's motion to amend is denied; that Plaintiff's Second Amended Complaint is dismissed; that in forma pauperis status is denied for the purpose of any appeal; and that this case is closed. Ordered by Clerk of Court on 12/13/2022 (CM to pro se plaintiff with an appeal packet). (JT) |
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| Monday, December 12, 2022 | ||
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order
Order Adopting Report and Recommendations Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Amend/Correct/Supplement Order on Report and Recommendations
Mon 12/12 5:51 PM
ORDER ADOPTING REPORT AND RECOMMENDATIONS for33 Motion to Dismiss for Failure to State a Claim,,, filed by Catholic Health Systems of Long Island, Inc.,35 Motion to Amend/Correct/Supplement filed by Andrew Kosiba,39 Report and Recommendations ; granting33 Motion to Dismiss for Failure to State a Claim; denying35 Motion to Amend/Correct/Supplement; adopting Report and Recommendations as to39 Report and Recommendations. Presently before the Court is the Report and Recommendation dated November 18, 2022, DE 39, of United States Magistrate Judge Arlene R. Lindsay recommending that: Defendant's motion to dismiss the Second Amended Complaint be granted and that plaintiff's motion to amend be denied. Plaintiff filed objections to the Report and Recommendation which were entered on the Docket Report on December 1, 2022. DE 40. In reviewing a Report and Recommendation,the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). Where a party makes specific and timely objections to a Magistrate Judge's findings or recommendations as to dispositive motions, the district court must apply a de novo standard of review to the portions of the Report and Recommendation to which the objection is made. Fed. R. Civ. P. 72(b); see LLC v. Doe 3 , 604 F.3d 110, 116 (2d Cir. 2010); see also 28 U.S.C. § 636(b)(1). However, "general or conclusory objections, or objections which merely recite the same arguments presented to the magistrate judge, are reviewed for clear error." Caldarola v. Town of Smithtown , No. 09-cv-272, 2011 U.S. Dist. LEXIS 37280, at *1 (E.D.N.Y. Apr. 4, 2011). The Court has carefully reviewed and considered the objections of Plaintiff, DE 40, and finds that they fail to raise any colorable objection to the Report and Recommendation and principally restate the conclusory allegations set forth in the motion papers. Because Plaintiff's objections merely reiterate its original arguments, as well as the facts and issues that were presented to Judge Lindsay, the undersigned may review the Report and Recommendation for clear error. Nevertheless, although de novo review is not required, the Court has conducted a de novo review of the Report and Recommendation in an abundance of caution. Having carefully reviewed Plaintiff's objections, the motion papers, the applicable law, and having conducted a careful review of the Report and Recommendation de novo , the Court adopts the findings and recommendations contained in the well-reasoned and exceedingly thorough Report and Recommendation dated November 18, 2022, DE 39, of Magistrate Judge Lindsay in their entirety. 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b); see Caldarola , 2011 U.S. Dist. LEXIS 37280, at *1; see also Thomas v. Arn , 474 U.S. 140, 150 (1985); Mario v. P & C Food Mkts., Inc. , 313 F.3d 758, 766 (2d Cir. 2002); Piroleau v. Caserta , No. 10-CV-5670 (SJF), 2012 WL 5389931, at *1 (E.D.N.Y. Oct. 29, 2012). Accordingly, IT IS HEREBY ORDERED that Defendant's motion to dismiss the Second Amended Complaint, DE 33, is GRANTED, and Plaintiff's motion to amend, DE 25, is DENIED. IT IS FURTHER ORDERED that Plaintiff's Second Amended Complaint is dismissed. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to serve a copy of this Order on the pro se plaintiff and close the case. Ordered by Judge Gary R. Brown on 12/12/2022. (LJ) |
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| Thursday, December 08, 2022 | ||
| 41 | 41
6
pgs
respoth
Memorandum in Opposition
Thu 12/08 1:44 PM
MEMORANDUM in Opposition re40 Objection to Report and Recommendations filed by Catholic Health Systems of Long Island, Inc.. (Palermo, Daniel) |
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| Friday, December 02, 2022 | ||
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order
Order(Other)
Fri 12/02 1:19 PM
ORDER re40 Objection to Report and Recommendations filed by Andrew Kosiba. The Defendants is directed to respond to the Plaintiff's Objection to Report and Recommendations, DE 40, by December 9, 2022. Ordered by Judge Gary R. Brown on 12/2/2022. (LJ) |
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| Thursday, December 01, 2022 | ||
| 40 | 40
respoth
Objection to Report and Recommendations
Thu 12/01 3:15 PM
OBJECTION to39 Report and Recommendations filed by Andrew Kosiba. (CV) |
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| Friday, November 18, 2022 | ||
| 39 | 39
motion
Report and Recommendations
Fri 11/18 9:32 AM
REPORT AND RECOMMENDATIONS re33 ,35 : See the attached Report and Recommendation for details. Ordered by Magistrate Judge Arlene R. Lindsay on 11/18/2022. c/ecf (RI) |
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| Thursday, October 20, 2022 | ||
| 38 | 38
respm
Reply to Response to Motion
Thu 10/20 4:07 PM
REPLY to Response to Motion Re:35 Letter MOTION to Amend/Correct/Supplement Complaint filed by Andrew Kosiba. (CV) |
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| Wednesday, October 19, 2022 | ||
| 37 | 37
appeal
USCA Mandate
Wed 10/19 9:05 AM
MANDATE of USCA 22-1356 as to29 Notice of Interlocutory Appeal filed by Andrew Kosiba. Appellant, pro se, moves to voluntarily dismiss his appeal. This Court has determined sua sponte that it lacks jurisdiction over this appeal because a final order has not been issued by the districtcourt as contemplated by 28 U.S.C. § 1291. See Petrello v. White, 533 F.3d 110, 113 (2d Cir. 2008). Upon due consideration, it is hereby ORDERED that the appeal is DISMISSED. It is further ORDERED that the motion is DENIED as moot. (CL) |
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order
Order(Other)
Wed 10/19 2:26 PM
ORDER re36 Response to Motion filed by Catholic Health Systems of Long Island, Inc.,35 Letter MOTION to Amend/Correct/Supplement Complaint filed by Andrew Kosiba. In light of the Mandate of the Second Circuit dated 10/19/2022 dismissing plaintiff's appeal, and this Court's Order dated 4/5/2022, the motion to amend, DE 25, and response, DE 36, are referred to the assigned Magistrate Judge. The Clerk of the Court is directed to mail a copy of this Order on the pro se plaintiff. Ordered by Judge Gary R. Brown on 10/19/2022. c/ecf (LJ) |
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| Friday, October 14, 2022 | ||
| 36 | 36
respm
Response to Motion
Fri 10/14 3:27 PM
RESPONSE to Motion re35 Letter MOTION to Amend/Correct/Supplement Complaint filed by Catholic Health Systems of Long Island, Inc.. (Palermo, Daniel) |
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| Monday, September 26, 2022 | ||
| 35 | 35
motion
Amend/Correct/Supplement
Mon 09/26 4:55 PM
Letter MOTION to Amend/Correct/Supplement Complaint by Andrew Kosiba. (Cubano, Jazmin) |
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| Friday, August 12, 2022 | ||
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order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Strike
Fri 08/12 2:27 PM
ORDER denying33 Motion to Dismiss for Failure to State a Claim; denying34 Motion to Strike33 MOTION to Dismiss for Failure to State a Claim ,34 Letter MOTION to Strike defendants statements : The motions are denied without prejudice because the Court lacks jurisdiction based on the filing of the notice of the appeal. Ordered by Judge Gary R. Brown on 8/12/2022. c/ecf (Cowan, Timothy) |
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| Monday, August 08, 2022 | ||
| 34 | 34
motion
Strike
Mon 08/08 1:11 PM
Letter MOTION to Strike defendants statements by Andrew Kosiba. (Cubano, Jazmin) |
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| Monday, July 25, 2022 | ||
| 33 | 33
motion
Dismiss for Failure to State a Claim
Mon 07/25 4:42 PM
MOTION to Dismiss for Failure to State a Claim by Catholic Health Systems of Long Island, Inc.. (Palermo, Daniel) |
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Att: 1
Memorandum in Support Defendant's Memorandum of Law in Support of Defendant's Motion to Dismiss,
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Att: 2
Supplement Notice to Pro Se Litigant,
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Att: 3
Certificate of Service Certificate of Service regarding Defendant's Notice of Motion to Dismiss,
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Att: 4
Supplement Plaintiff's Response to Defendant's Motion to Dismiss dated 7.8.22,
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Att: 5
Memorandum in Support Defendant's Reply Memorandum of Law in Further Support of Defendant's Motion to Dismiss,
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Att: 6
Certificate of Service Certificate of Service for Defendant's Reply Memorandum of Law in Further Support of Motion to Dismiss
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| Wednesday, July 13, 2022 | ||
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order
Order(Other)
Wed 07/13 4:22 PM
ORDER re31 Letter MOTION to Compel the court to send the originally requested order and clerks be sanctioned filed by Andrew Kosiba. The letter motion to compel, Docket Entry No. 31, filed by plaintiff Andrew Kosiba is hereby stricken as violative of Rule 11 of the Federal Rules of Civil Procedure. Plaintiff is cautioned that filings should not be made without a good faith basis and any further such filings could result in sanctions, including dismissal of the action. The Clerk of the Court is respectfully directed to mail a copy of this Order to the pro se plaintiff at his address of record forthwith and to enter such service on the docket report. Ordered by Judge Gary R. Brown on 7/13/2022. c/ecf (Johnston, Linda) |
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| Tuesday, July 12, 2022 | ||
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order
Order on Motion to Dismiss for Failure to State a Claim
Tue 07/12 12:05 PM
ORDER: The Motion to Dismiss for Failure to State a Claim30 is denied with leave to renew as it was not filed pursuant to the Court's Bundle Rule which requires the motion to be filed once it has been fully briefed. Ordered by Magistrate Judge Arlene R. Lindsay on 7/12/2022. c/ecf (Imrie, Robert) |
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appeal
USCA Appeal Fees
Tue 07/12 12:55 PM
USCA Appeal Fees received $ 505 receipt number 200000013 re29 Notice of Interlocutory Appeal filed by Andrew Kosiba (Landow, Concetta) |
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appeal
Electronic Index to Record on Appeal
Tue 07/12 12:56 PM
First Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals.29 Notice of Interlocutory Appeal; Fee paid. Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Landow, Concetta) |
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order
Order on Motion to Compel
Tue 07/12 2:38 PM
ORDER re31 : The pro se office is directed to mail the plaintiff a copy of the docket sheet reflecting Judge Browns May 26, 2022 Electronic Order denying the plaintiffs Motion to Appoint Special Master and the Amended Motion to Appoint Expert/Special Master and to Set Aside and Vacate the Order. The request for sanctions is denied. Ordered by Magistrate Judge Arlene R. Lindsay on 7/12/2022. c/ecf (Imrie, Robert) Modified on 7/12/2022 to indicate that a copy of this Order and the Docket Sheet have been mailed to Pltf by Cert. Mail RR # 70200640000230719395 (Imrie, Robert) |
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| Friday, July 08, 2022 | ||
| 32 | 32
respoth
Reply in Opposition
Wed 07/13 11:28 AM
RESPONSE to Defendant's Motion to Dismiss30 filed by Andrew Kosiba. (Cubano, Jazmin) |
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| Monday, June 27, 2022 | ||
| 30 | 30
motion
Dismiss for Failure to State a Claim
Mon 06/27 2:33 PM
MOTION to Dismiss for Failure to State a Claim by Catholic Health Systems of Long Island, Inc.. (Palermo, Daniel) |
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Att: 1
Memorandum in Support,
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Att: 2
Notice to Pro Se Litigant,
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Att: 3
Certificate of Service
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| Wednesday, June 22, 2022 | ||
| 29 | 29
appeal
Notice of Interlocutory Appeal
Wed 06/22 4:06 PM
NOTICE OF INTERLOCUTORY APPEAL as to Order on Motion for Leave to File, Order, Order on Motion to Appoint Expert, by Andrew Kosiba. (Landow, Concetta) |
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appeal
Appeal Filing Fee Due
Wed 06/22 4:07 PM
APPEAL FILING FEE DUE re29 Notice of Interlocutory Appeal Payment in the amount of $505.00, can be made in person to the clerks office, or mailed in. (Landow, Concetta) |
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appeal
Electronic Index to Record on Appeal
Wed 06/22 4:07 PM
Electronic Index to Record on Appeal sent to US Court of Appeals.29 Notice of Interlocutory Appeal; Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Landow, Concetta) |
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| Monday, June 13, 2022 | ||
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order
Order on Motion to Compel
Mon 06/13 5:21 PM
ORDER denying28 Motion to Compel: Plaintiff's "Letter MOTION to Compel Request for Written Order" is denied as a copy of the Court's Written Order has already been mailed to plaintiff. The Clerk of the Court is respectfully directed to mail a copy of this order to pro se plaintiff. Ordered by Judge Gary R. Brown on 6/13/2022. c/ecf (Cowan, Timothy) |
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| Thursday, June 09, 2022 | ||
| 28 | 28
motion
Compel
Fri 06/10 12:51 PM
Letter MOTION to Compel Request for Written Order, by Andrew Kosiba. (Ortiz, Grisel) |
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| Thursday, May 26, 2022 | ||
| 27 | 27
notice
Notice of Appearance
Thu 05/26 2:46 PM
NOTICE of Appearance by Daniel J. Palermo on behalf of Catholic Health Systems of Long Island, Inc. (aty to be noticed) (Palermo, Daniel) |
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order
Order on Motion for Leave to File
Thu 05/26 10:50 AM
ORDER re25 : On May 18, 2022, the pro se plaintiff filed a motion seeking leave to file a second amended complaint. The parties have already been provided a briefing schedule for the defendants anticipated motion to dismiss the first amended complaint. The plaintiff is directed to serve and file the second amended complaint which the Court will treat as the operative pleading. In order to give the defendant an opportunity to address the second amended complaint, the briefing schedule is amended as follows: (1) On or before June 27, 2022, the defendant is to serve the plaintiff with its motion to dismiss the second amended complaint; (2) On or before July 18, 2022, the plaintiff is to serve the defendant with his opposition; and (3) On or before July 15, 2022, the defendant is to serve the plaintiff with its reply and file the fully briefed motion to dismiss with the Court. Ordered by Magistrate Judge Arlene R. Lindsay on 5/26/2022. c/ecf (Imrie, Robert) |
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order
Order on Motion to Appoint Expert
Thu 05/26 5:16 PM
ORDER denying26 Motion to Appoint Special Master. The Amended MOTION to Appoint Expert /Special Master and to Set Aside and Vacate The Order by Andrew Kosiba is hereby Denied. Ordered by Judge Gary R. Brown on 5/26/2022. c/ecf (Johnston, Linda) |
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order
Order(Other)
Thu 05/26 5:20 PM
ORDER re Order on Motion to Appoint Special Master dated 5/26/2022. The Clerk of Court is respectfully directed to serve a copy of the Order dated 5/26/2022 to plaintiff at his address of record. Ordered by Judge Gary R. Brown on 5/26/2022. c/ecf (Johnston, Linda) |
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| Tuesday, May 24, 2022 | ||
| 26 | 26
motion
Appoint Expert
Wed 05/25 1:40 PM
Amended MOTION to Appoint Expert /Special Master to Resolve Court's Conflict of Interest and Set Aside and Vacate The Order by Andrew Kosiba. (Tirado, Chelsea) |
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| Friday, May 20, 2022 | ||
| 23 | 23
misc
Letter
Fri 05/20 3:40 PM
Letter to Judge Arlene Rosario Lindsay with Rule26f Report by Catholic Health Systems of Long Island, Inc. (Breitenbach, Roy) |
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| Wednesday, May 18, 2022 | ||
| 25 | 25
motion
Leave to File Document
Mon 05/23 11:32 AM
MOTION for Leave to File Document Amended Complaint by Andrew Kosiba. (Tirado, Chelsea) |
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| 24 | 24
misc
Letter
Mon 05/23 11:30 AM
Letter addressed to Brenna Mahoney from pro se plaintiff Andrew Kosiba re Second Amended Complaint (Tirado, Chelsea) |
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order
Order on Motion to Appoint Expert
Wed 05/18 12:53 PM
ORDER denying22 Motion to Appoint Expert. Plaintiff's motion to appoint a special master is hereby denied. The Court certifies pursuant to 28 U.S.C. §§ 1915(a)(3) that any appeal of this order would not be taken in good faith and therefore in forma pauperis status is denied for any appeal on those grounds. The Clerk of Court is respectfully directed to serve a copy of this Order to plaintiff at his address of record. Ordered by Judge Gary R. Brown on 5/18/2022. c/ecf (Johnston, Linda) |
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| Tuesday, May 10, 2022 | ||
| 22 | 22
motion
Appoint Expert
Tue 05/10 1:21 PM
MOTION to Appoint Expert / Special Master to resolve court's conflict of interest by Andrew Kosiba. (Tirado, Chelsea) |
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| 21 | 21
misc
Letter
Tue 05/10 1:20 PM
Letter to pro se plaintiff Andrew Kosiba from the Pro Se Department returning amended complaint and affidavit in support of complaint without docketing or consideration. (Tirado, Chelsea) |
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| Tuesday, May 03, 2022 | ||
| 20 | 20
2
pgs
order
Order on Motion for Pre Motion Conference
Tue 05/03 1:17 PM
ORDER re19 : See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 5/3/2022. c/ecf (Imrie, Robert) (Imrie, Robert) |
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| Monday, May 02, 2022 | ||
| 19 | 19
motion
Pre Motion Conference
Mon 05/02 2:56 PM
Letter MOTION for pre motion conference by Catholic Health Systems of Long Island, Inc.. (Breitenbach, Roy) |
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| Wednesday, April 20, 2022 | ||
| 18 | 18
respoth
Reply in Opposition
Thu 04/21 10:17 AM
BRIEF in Opposition to Defendant's Letter to Dismiss filed by Andrew Kosiba. (Tirado, Chelsea) |
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| Tuesday, April 19, 2022 | ||
| 17 | 17
order
Scheduling Order
Tue 04/19 12:02 PM
SCHEDULING ORDER: Rule 26 Meeting Report due by 5/20/2022. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 4/19/2022. c/ecf (Imrie, Robert) |
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Att: 1
Rule 26(f) form
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| Tuesday, April 05, 2022 | ||
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order
Order on Motion for Pre Motion Conference
Tue 04/05 3:31 PM
ORDER granting16 Motion for Pre Motion Conference A pre-motion telephone conference is scheduled for June 8, 2022 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Defendant's anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 16. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time. The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc. , 450 F. App'x 8, 15 (2d Cir. 2011). At the conference, the Court will issue a briefing schedule if necessary. Plaintiff is directed to respond to DE 16 in accordance with the undersigned's individual rules by April 20, 2022. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 4/5/2022. (Johnston, Linda) Modified on 4/5/2022 to correct date(McMorrow, Karen) |
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utility
Incorrect Case-Document Information
Tue 04/05 3:48 PM
Incorrect Case/Document/Entry Information. 4/5/2022 order edited to correct the date of the hearing to June 8, 2022. (McMorrow, Karen) |
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order
Order(Other)
Tue 04/05 5:21 PM
ORDER: All pretrial proceedings are hereby referred to the assigned Magistrate Judge. In addition, any dispositive pretrial motions are referred to the assigned Magistrate Judge for a Report and Recommendation, including DE 16. In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are reminded that, if all parties consent, a United States Magistrate Judge may: (1) conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment; or (2) conduct all proceedings and enter a final order on a particular motion. A consent form should be signed and filed electronically only if all parties wish to consent and it is signed by all parties. Consent forms may be accessed at the following links: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085A.pdf. You may withhold your consent without adverse substantive consequences. DO NOT return or file a consent form unless all parties have signed the consent. The Clerk of Court is directed to mail a copy of this Order to the pro se plaintiff. Ordered by Judge Gary R. Brown on 4/5/2022. c/ecf (Cowan, Timothy) |
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order
Order(Other)
Tue 04/05 5:28 PM
ORDER: In light of the Order dated April 5, 2022 referring all pretrial matters to the assigned Magistrate Judge, the Conference scheduled for June 8, 2022 is hereby canceled. Ordered by Judge Gary R. Brown on 4/5/2022. c/ecf (Cowan, Timothy) |
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| Monday, April 04, 2022 | ||
| 16 | 16
motion
Pre Motion Conference
Mon 04/04 3:46 PM
Letter MOTION for pre motion conference by Catholic Health Systems of Long Island, Inc.. (Breitenbach, Roy) |
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| 15 | 15
service
Certificate of Service
Mon 04/04 12:34 PM
CERTIFICATE OF SERVICE by Catholic Health Systems of Long Island, Inc. Judge Browns Individual Practice Rules (Breitenbach, Roy) |
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| Sunday, March 06, 2022 | ||
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order
Order on Motion for Extension of Time to Answer
Sun 03/06 10:55 AM
ORDER re13 : The time for Catholic Health Systems of Long Island, Inc. to answer, move or otherwise respond to the complaint is extended to and including April 4, 2022. Ordered by Magistrate Judge Arlene R. Lindsay on 3/6/2022. c/ecf (Imrie, Robert) |
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| Thursday, March 03, 2022 | ||
| 14 | 14
cmp
Amended Complaint
Thu 03/03 4:28 PM
AMENDED COMPLAINT against Catholic Health Systems of Long Island, Inc., filed by Andrew Kosiba. (Tirado, Chelsea) |
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| Wednesday, March 02, 2022 | ||
| 13 | 13
motion
Extension of Time to File Answer
Wed 03/02 12:07 PM
Letter MOTION for Extension of Time to File Answer re1 Complaint by Catholic Health Systems of Long Island, Inc.. (Breitenbach, Roy) |
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| Friday, February 25, 2022 | ||
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order
Order on Motion to Reopen Case
Fri 02/25 5:00 PM
ORDER granting12 Motion to Reopen Case. Ordered by Judge Gary R. Brown on 2/25/2022. c/ecf (Cowan, Timothy) |
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| Thursday, February 24, 2022 | ||
| 12 | 12
motion
Reopen Case
Thu 02/24 3:02 PM
MOTION to Reopen Case by Andrew Kosiba. (Tirado, Chelsea) |
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| Wednesday, February 16, 2022 | ||
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order
Order on Motion to Vacate
Wed 02/16 3:54 PM
ORDER denying11 Motion to Vacate11 MOTION to Vacate Order Dismissing Case. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at his address of record. Ordered by Judge Gary R. Brown on 2/16/2022. c/ecf (Cowan, Timothy) |
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| Thursday, February 10, 2022 | ||
| 11 | 11
motion
Vacate
Fri 02/11 3:22 PM
MOTION to Vacate Order Dismissing Case,,, by Andrew Kosiba. (Tirado, Chelsea) |
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| Friday, January 21, 2022 | ||
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order
Order Dismissing Case
Fri 01/21 3:03 PM
ORDER DISMISSING CASE: Whereas review of the complaint herein, as well as plaintiffs reply to the Courts December 13, 2021 Order to Show Cause, shows that plaintiff has failed to obtain a right to sue letter from the EEOC or set forth any ground that would justify an equitable modification of the statutory requirement by this court, this matter is dismissed without prejudice. See, e.g., Chiari v. New York Racing Assn Inc. , 972 F. Supp.2d 346, 362-63 (E.D.N.Y. 2013) (even in pro se action, waiver of requisite requires extraordinary event); Hladki v. Jeffreys Consol., LTD. , 652 F. Supp. 388, 393 (E.D.N.Y. 1987)(dismissing case for failure to present right to sue letter). The Clerk of the Court shall mail a copy of this Order to plaintiff and close the case. Ordered by Judge Gary R. Brown on 1/21/2022. c/ecf (Cowan, Timothy) |
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order
Order on Motion for Extension of Time to File Response/Reply
Fri 01/21 3:35 PM
ORDER finding as moot10 Motion for Extension of Time to File Response/Reply re10 Letter MOTION for Extension of Time to File Response/Reply as to1 Complaint . Ordered by Judge Gary R. Brown on 1/21/2022. c/ecf (Cowan, Timothy) |
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order
~Util - Terminate Civil Case
Mon 01/24 9:15 AM
Civil Case Terminated pursuant to 1/21/2022 Electronic Order Dismissing Case. (Tirado, Chelsea) |
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| Tuesday, January 18, 2022 | ||
| 10 | 10
motion
Extension of Time to File Response/Reply
Tue 01/18 4:53 PM
Letter MOTION for Extension of Time to File Response/Reply as to1 Complaint by Catholic Health Systems of Long Island, Inc.. (Breitenbach, Roy) |
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| 9 | 9
notice
Notice of Appearance
Tue 01/18 4:48 PM
NOTICE of Appearance by Roy W. Breitenbach on behalf of Catholic Health Systems of Long Island, Inc. (aty to be noticed) (Breitenbach, Roy) |
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| Wednesday, December 29, 2021 | ||
| 8 | 8
service
Summons Returned Executed
Mon 01/03 10:17 AM
SUMMONS Returned Executed by Andrew Kosiba. Catholic Health Systems of Long Island, Inc. served on 12/20/2021, answer due 1/10/2022. (Tirado, Chelsea) |
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| 7 | 7
misc
Affidavit/Affirmation
Mon 01/03 10:17 AM
Plaintiff's AFFIDAVIT in Support of Showing He Has Exhausted Administrative Relief by Andrew Kosiba (Tirado, Chelsea) |
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| 6 | 6
misc
Pro Se Consent to Electronic Notification
Mon 01/03 10:13 AM
Pro Se Consent to Electronic Notification by Andrew Kosiba (Tirado, Chelsea) |
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| Monday, December 13, 2021 | ||
| 5 | 5
3
pgs
order
Order to Show Cause
Mon 12/13 1:55 PM
ORDER TO SHOW CAUSE - Accordingly, Plaintiff is ORDERED TO SHOW CAUSE by serving and filing an affidavit on or before 1/10/2022, why his failure to exhaust should be excused. Plaintiff is cautioned that a failure to timely file an affidavit in accordance with this Order may result in the dismissal of the complaint without prejudice pursuant to Federal Rule of Civil Procedure 41(b) and/or failure to exhaust administrative remedies. The Clerk of the Court is directed to mail a copy of this Order to Show Cause to the Plaintiff forthwith at his address of record and to enter such service on the docket. SO Ordered by Judge Gary R. Brown on 12/13/2021. (Tirado, Chelsea) |
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| Friday, December 10, 2021 | ||
| 4 | 4
misc
Letter
Fri 12/10 4:09 PM
Letter to pro se plaintiff Andrew Kosiba from the Pro Se Office acknowledging receipt of civil action. (Tirado, Chelsea) |
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| Thursday, December 09, 2021 | ||
| 3 | 3
misc
Clerks Notice of Rule 73
Thu 12/09 4:20 PM
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. (Cox, Dwayne) |
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| Wednesday, December 08, 2021 | ||
| 2 | 2
service
Summons Issued
Thu 12/09 4:15 PM
Summons Issued as to Catholic Health Systems of Long Island, Inc.. (Cox, Dwayne) |
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| 1 | 1
44
pgs
cmp
Complaint
Thu 12/09 4:13 PM
COMPLAINT against Catholic Health Systems of Long Island, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Andrew Kosiba. (Cox, Dwayne) |
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Att: 1
Affidavit in Support,
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Att: 2
Civil Cover Sheet
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misc
Filing Fee Received
Thu 12/09 4:17 PM
FILING FEE: $ 402.00, receipt number 31944 (Cox, Dwayne) |
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