Williams v. Montefiore Medical Center, Corp.
| New York Southern District Court | |
| Judge: | Naomi Reice Buchwald |
| Case #: | 1:22-cv-09627 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1332lr Diversity - Labor |
| Case Filed: | Nov 10, 2022 |
| Terminated: | Jul 11, 2024 |
| Last checked: Tuesday May 09, 2023 5:01 AM EDT |
|
Defendant
Montefiore Medical Center, Corp.
|
Represented By
|
|
Plaintiff
Darrell Williams
377 West Pleasant Ave Apt. 301
Hackensack, NJ 07601 |
Represented By
|
| Docket last updated: 2 hours ago |
| Thursday, July 11, 2024 | ||
| 41 | 41
order
Stipulation and Order of Voluntary Dismissal ~Util - Add and Terminate Parties
Thu 07/11 1:49 PM
STIPULATION AND ORDER OF 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) Montefiore Medical Center, Corp., without costs or fees to any party pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Montefiore Medical Center, Corp. terminated. (Signed by Judge Naomi Reice Buchwald on 7/11/2024) (vfr) Modified on 7/11/2024 (vfr) |
|
|
utility
Terminate Transcript Deadlines
Thu 07/11 3:03 PM
Terminate Transcript Deadlines (vfr) |
||
| Wednesday, July 03, 2024 | ||
| 40 | 40
misc
Proposed Stipulation and Order
Wed 07/03 9:54 PM
PROPOSED STIPULATION AND ORDER. Document filed by Montefiore Medical Center, Corp...(Severin, Johane) |
|
| Monday, May 06, 2024 | ||
| 39 | 39
misc
Status Report
Mon 05/06 5:15 PM
STATUS REPORT. Document filed by Montefiore Medical Center, Corp...(Severin, Johane) |
|
| Thursday, March 07, 2024 | ||
| 38 | 38
3
pgs
order
Order on Motion to Compel
Thu 03/07 3:21 PM
ORDER granting24 Letter Motion to Compel. It is hereby ORDERED that the Court will construe plaintiff's silence as a decision to "withdraw or formally abandon all claims for emotional distress," except for garden-variety emotional distress, "in order to avoid forfeiting his psychotherapist-patient privilege." In re Sims, 534 F.3d 117, 134 (2d Cir. 2008); it is further ORDERED that the parties continue with discovery, as limited as it may now be, and provide the Court with a status update within sixty (60) days from the issuance of this Order; and it is further ORDERED that the Clerk of Court terminate the motion pending at ECF No. 24. (Signed by Judge Naomi Reice Buchwald on 3/7/2024) (va) |
|
| Tuesday, February 27, 2024 | ||
| 37 | 37
order
Endorsed Letter
Tue 02/27 4:52 PM
ENDORSED LETTER addressed to Mr. Williams and Counsel from Naomi Reice Buchwald United States District Judge dated February 27, 2024 re: Darrell Williams v. Montefiore Medical Center, Corp., 22-cv-9627 (NRB). ENDORSEMENT: Dear Mr. Williams and Counsel: In this action, plaintiff claims that Montefiore Medical Center (defendant) discriminated against him based on his disability and religion when it terminated his employment because he refused to take the COVID-19 vaccine. ECF No. 4 (Am. Compl.) 2. Plaintiff alleges that as a result of his termination, he was left with no insurance and was not able to continue his therapy to treat his anxiety, ADHD, and depression, which, in turn, left him in a mental and emotional turmoil. Id. 30-31. For this alleged harm, plaintiff seeks, among other things, compensatory and punitive damages. In his response to defendants interrogatories, plaintiff identified licensed social worker Mr. Mark T. Insetta (Mr. Insetta) as someone from whom he had received treatment during the relevant time period. ECF No. 24-1 17. Consequently, defendant repeatedly requested that Mr. Insetta produce plaintiffs medical records. ECF No. 24 at 2. However, Mr. Insetta has refused to produce those records because, according to a letter he wrote to the Court, producing them would be a violation of client confidentiality. ECF No. 26, Ex. A. It is well established that when a plaintiff directly put[s] [his] mental and emotional state at issue, he waive[s] any psychotherapist-patient privilege. Cuoco v. U.S. Bureau of Prisons, 98 Civ. 9009 (WHP), 2003 WL 1618530, at *2 (S.D.N.Y. Mar. 27, 2003) (citing cases). Here, there is no question that plaintiff put his mental and emotional state at issue. Indeed, apart from the termination itself, plaintiffs primary claim for damages is that his psychological condition deteriorated once he could not continue therapy. Am. Compl. paragraph 31. Thus, plaintiff is left with the following choice. On the one hand, if plaintiff wishes to continue pursuing this case, he must consent to Mr. Insettas producing plaintiffs medical records. On the other hand, if plaintiff refuses to provide such consent, which is entirely within his right, he will be unable to seek damages for any emotional distress and will be limited to a claim (if proven) for lost wages. Plaintiff has seven (7) days from the filing of this order to advise the Court as to his decision. (Signed by Judge Naomi Reice Buchwald on 2/27/2024) (jca) |
|
| Monday, February 05, 2024 | ||
| 36 | 36
2
pgs
order
Order on Motion for Permission for Electronic Case Filing
Mon 02/05 2:14 PM
ORDER granting33 Motion for Permission for Electronic Case Filing. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/5/2024) (rro) |
|
| Friday, December 08, 2023 | ||
| 35 | 35
misc
Notice of Filing Transcript
Fri 12/08 1:17 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/14/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
|
| 34 | 34
misc
Transcript
Fri 12/08 1:12 PM
TRANSCRIPT of Proceedings re: CONFERENCE held on 11/14/2023 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/29/2023. Redacted Transcript Deadline set for 1/8/2024. Release of Transcript Restriction set for 3/7/2024..(McGuirk, Kelly) |
|
| Tuesday, November 14, 2023 | ||
| 33 | 33
motion
Permission for Electronic Case Filing
Wed 11/15 7:50 AM
MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, Re: for Permission for Darrell Williams to participate in electronic case filing in this case. Document filed by Darrell Williams.(sc) |
|
| 32 | 32
notice
Notice of Appearance
Wed 11/15 7:47 AM
NOTICE OF PRO SE APPEARANCE by Darrell Williams. (sc) |
|
| 31 | 31
misc
Pro Se Consent to Receive Electronic Service
Wed 11/15 7:45 AM
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Darrell Williams consents to receive electronic service via the ECF system. Document filed by Darrell Williams.(sc) |
|
|
minutes
Status Conference
Tue 11/28 7:29 AM
Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Conference held on 11/14/2023. (ade) |
||
| Wednesday, October 25, 2023 | ||
|
misc
Mailing Receipt
Wed 10/25 9:35 AM
MAILING RECEIPT: Document No: 30. Mailed to: Darrell Williams 377 West Pleasantview Avenue Apt. 301 Hackensack, NJ 07601. ; and a Consent to Electronic Service form (sha) |
||
| Tuesday, October 24, 2023 | ||
| 30 | 30
2
pgs
order
Order on Motion to Withdraw as Attorney
Tue 10/24 5:08 PM
ORDER granting28 Motion to Withdraw as Attorney. ORDERED that the Firm's motion to withdraw as counsel for plaintiff is granted; it is further ORDERED that the Clerk of Court flag this as a pro se case pursuant to plaintiff's representation that he intends to represent himself pro se. ECF No. 25; it is further ORDERED that the Court will hold a conference in this case at 12:30 P.M. on November 14, 2023. The conference will take place in Courtroom 21A at 500 Pearl Street, New York, New York 10007. Attendance is required and failure to attend without a bona fide justification will be considered as an indication that plaintiff does not intend to pursue this action; it is further ORDERED that the Clerk of Court send this order to plaintiff via U. S. mail at 377 West Pleasantview Avenue, Apt. 301, Hackensack, New Jersey 07601, which is the address he provided in his pro se notice of appearance, ECF No. 25; it is further ORDERED that the Clerk of Court send plaintiff via U. S. mail instructions to consent to electronic service and a consent to electronic service form. Attorney Darius Adam Marzec and Jerome Noll terminated. (Signed by Judge Naomi Reice Buchwald on 10/24/2023) (mml) |
|
|
utility
Set/Reset Hearings
Tue 10/24 5:09 PM
Set/Reset Hearings: Case Management Conference set for 11/14/2023 at 12:30 PM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald. (mml) |
||
| Monday, October 23, 2023 | ||
| 29 | 29
respm
Memorandum of Law in Support of Motion
Mon 10/23 1:37 PM
MEMORANDUM OF LAW in Support re:28 MOTION for Marzec Law Firm, P.C. to Withdraw as Attorney for Darrell Williams . . Document filed by Darrell Williams, Darrell Williams..(Marzec, Darius) |
|
| 28 | 28
motion
Withdraw as Attorney
Mon 10/23 1:32 PM
MOTION for Marzec Law Firm, P.C. to Withdraw as Attorney for Darrell Williams . Document filed by Darrell Williams, Darrell Williams..(Marzec, Darius) |
|
|
Att: 1
Affidavit Declaration of Darius A. Marzec, Esq.,
|
||
|
Att: 2
Affidavit Certification of Service
|
||
| Monday, October 16, 2023 | ||
| 27 | 27
misc
Letter
Mon 10/16 11:32 AM
LETTER addressed to Judge Naomi Reice Buchwald from Johane Severin dated October 16, 2023 re: Defendant's Response to Issues Raised in Letter from Mark Insetta. Document filed by Montefiore Medical Center, Corp...(Severin, Johane) |
|
|
Att: 1
Exhibit A - Email from Mark Insetta, dated September 18, 2023
|
||
| Thursday, October 12, 2023 | ||
| 26 | 26
order
Endorsed Letter
Thu 10/12 5:34 PM
ENDORSED LETTER addressed to Jerome Noll, Darius Adam Marzec, Jean L. Schmidt, Emma Jane Diamond, Johane Severin from Naomi Reice Buchwald, United States District Judge dated 10/12/2023 re: The Court has received the letter from Mark Insetta attached as Exhibit A. We request that the parties respond to the issue he raises. Very truly yours. (Signed by Judge Naomi Reice Buchwald on 10/12/2023) (mml) |
|
| Wednesday, October 11, 2023 | ||
| 25 | 25
notice
Notice of Appearance
Wed 10/11 1:34 PM
NOTICE OF APPEARANCE by Darius Adam Marzec on behalf of Darrell Williams..(Marzec, Darius) |
|
|
Att: 1
Affidavit Certificate of Service
|
||
| Thursday, September 28, 2023 | ||
| 24 | 24
motion
Compel
Thu 09/28 12:27 PM
LETTER MOTION to Compel Darrel Williams and Mark Insetta to Appear for a deposition and produce Plaintiff's medical records, respectively addressed to Judge Naomi Reice Buchwald from Johane Severin dated September 28, 2023. Document filed by Montefiore Medical Center, Corp...(Severin, Johane) |
|
|
Att: 1
Exhibit A - Plaintiff's Interrogatory Response,
|
||
|
Att: 2
Exhibit B - Plaintiff's Signed HIPAA Release Forms,
|
||
|
Att: 3
Exhibit C - Email from Mark Insetta
|
||
| Wednesday, August 02, 2023 | ||
| 23 | 23
2
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Wed 08/02 4:36 PM
ORDER granting22 Letter Motion for Extension of Time to Complete Discovery. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 8/2/2023) (tg) |
|
|
utility
Set/Reset Deadlines
Wed 08/02 4:37 PM
Set/Reset Deadlines: Expert Discovery due by 12/1/2023. Fact Discovery due by 10/23/2023. (tg) |
||
| Thursday, July 27, 2023 | ||
| 22 | 22
motion
Extension of Time to Complete Discovery
Thu 07/27 3:39 PM
SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Naomi Reice Buchwald from Jerome Noll, Esq. dated 07/27/2023. Document filed by Darrell Williams..(Marzec, Darius) |
|
| 21 | 21
notice
Notice of Appearance
Thu 07/27 11:02 AM
NOTICE OF APPEARANCE by Johane Severin on behalf of Montefiore Medical Center, Corp...(Severin, Johane) |
|
| Friday, June 09, 2023 | ||
| 20 | 20
2
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Sun 06/11 10:44 AM
ORDER: granting19 Letter Motion for Extension of Time to Complete Discovery. Application Granted. SO ORDERED.. (Signed by Judge Naomi Reice Buchwald on 6/09/2023) (ama) |
|
|
utility
Set/Reset Deadlines
Sun 06/11 10:46 AM
Set/Reset Deadlines: Expert Discovery due by 10/31/2023. Fact Discovery due by 8/22/2023. Motions due by 9/5/2023. (ama) |
||
| Thursday, June 08, 2023 | ||
| 19 | 19
motion
Extension of Time to Complete Discovery
Thu 06/08 3:49 PM
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Naomi Reice Buchwald from Emma J. Diamond dated June 8, 2023. Document filed by Montefiore Medical Center, Corp...(Diamond, Emma) |
|
| Tuesday, May 16, 2023 | ||
| 18 | 18
misc
Status Report
Tue 05/16 9:29 AM
STATUS REPORT. Document filed by Montefiore Medical Center, Corp...(Diamond, Emma) |
|
| Thursday, March 02, 2023 | ||
| 17 | 17
order
Case Management Plan
Thu 03/02 4:19 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. § 636(c). This case is to be tried to a jury. Counsel for the parties have confe1Ted and their present best estimate of the length of trial is: Four (4) to five (5) days. The parties shall furnish the Court with a status report every sixty (60) days. The next Case Management Conference is TBA. Deposition due by 6/23/2023. Fact Discovery due by 7/7/2023. Expert Discovery due by 9/1/2023. (Signed by Judge Naomi Reice Buchwald on 3/2/2023) (ate) |
|
| Wednesday, March 01, 2023 | ||
| 16 | 16
misc
Proposed Case Management Plan
Wed 03/01 6:35 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Darrell Williams..(Marzec, Darius) |
|
| 15 | 15
misc
Letter
Wed 03/01 6:34 PM
JOINT LETTER addressed to Judge Naomi Reice Buchwald from Darius A. Marzec, Esq. and Jean Schmidt, Esq. dated March 1, 2023 re: Status Report re: Settlement. Document filed by Darrell Williams..(Marzec, Darius) |
|
| Wednesday, February 08, 2023 | ||
| 14 | 14
notice
Notice of Appearance
Wed 02/08 2:17 PM
NOTICE OF APPEARANCE by Jerome Noll on behalf of Darrell Williams..(Noll, Jerome) |
|
|
Att: 1
Affidavit of Service
|
||
|
order
Order
Wed 02/08 10:24 AM
The dial-in for today's conference at 1:30PM is (888) 363-4749 and the access code is 2712517. |
||
|
minutes
Pretrial Conference - Initial
Thu 02/09 8:39 AM
Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Initial Pretrial Conference held on 2/8/2023. (ade) |
||
| Friday, January 13, 2023 | ||
| 13 | 13
2
pgs
order
Order for Initial Pretrial Conference
Fri 01/13 11:58 AM
NOTICE OF INITIAL PRETRIAL TELECONFERENCE: This action has been assigned to me for all purposes. Counsel are directed to appear telephonically for an initial teleconference with the Court, on the date and time listed below. The dial-in and passcode information will be posted to ECF on the date of the teleconference, as further set forth. Date and time of teleconference: Wednesday, February 8 at 1:30 p.m. Initial Conference set for 2/8/2023 at 01:30 PM before Judge Naomi Reice Buchwald. (Signed by Judge Naomi Reice Buchwald on 1/12/2023) (mml) |
|
| Wednesday, January 11, 2023 | ||
| 12 | 12
answer
Answer to Amended Complaint
Wed 01/11 4:07 PM
ANSWER to3 Amended Complaint,. Document filed by Montefiore Medical Center, Corp...(Schmidt, Jean) |
|
| 11 | 11
misc
Rule 7.1 Corporate Disclosure Statement
Wed 01/11 4:02 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Montefiore Health System, Inc. for Montefiore Medical Center, Corp.. Document filed by Montefiore Medical Center, Corp...(Schmidt, Jean) |
|
| Friday, December 23, 2022 | ||
| 10 | 10
order
Stipulation and Order ~Util - Set Deadlines
Fri 12/23 1:19 PM
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective parties, that Defendant Montefiore Medical Center's time to answer or otherwise respond to the Complaint in this action shall be extended up to and including Wednesday, January 11, 2023. SO ORDERED. Montefiore Medical Center, Corp. answer due 1/11/2023. (Signed by Judge Naomi Reice Buchwald on 12/23/2022) (mml) |
|
| Wednesday, December 21, 2022 | ||
| 9 | 9
misc
Proposed Stipulation and Order
Wed 12/21 11:31 AM
PROPOSED STIPULATION AND ORDER. Document filed by Montefiore Medical Center, Corp...(Schmidt, Jean) |
|
| 8 | 8
notice
Notice of Appearance
Wed 12/21 11:29 AM
NOTICE OF APPEARANCE by Jean L. Schmidt on behalf of Montefiore Medical Center, Corp...(Schmidt, Jean) |
|
| 7 | 7
notice
Notice of Appearance
Wed 12/21 11:27 AM
NOTICE OF APPEARANCE by Emma Jane Diamond on behalf of Montefiore Medical Center, Corp...(Diamond, Emma) |
|
| Thursday, November 17, 2022 | ||
| 6 | 6
service
Summons Issued
Thu 11/17 2:21 PM
ELECTRONIC SUMMONS ISSUED as to Montefiore Medical Center, Corp...(pc) |
|
| 5 | 5
service
Request for Issuance of Summons
Thu 11/17 11:58 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Montefiore Medical Center, Corp. D/B/A Montefiore Medical Center, re:4 Amended Complaint. Document filed by Darrell Williams..(Marzec, Darius) |
|
| Wednesday, November 16, 2022 | ||
| 4 | 4
cmp
Amended Complaint
Wed 11/16 12:14 PM
FIRST AMENDED COMPLAINT amending3 Amended Complaint, against Montefiore Medical Center Corp. with JURY DEMAND.Document filed by Darrell Williams. Related document:3 Amended Complaint,..(Marzec, Darius) |
|
|
misc
Notice to Attorney Regarding Deficient Pleading
Wed 11/16 11:15 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Darius Adam Marzec to RE-FILE Document No. 3 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
||
|
misc
Notice to Attorney Regarding Party Modification
Wed 11/16 2:32 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Darius Adam Marzec. The party information for the following party/parties has been modified: Montefiore Medical Center. The information for the party/parties has been modified for the following reason/reasons: party name entered incorrectly. (vf) |
||
| Tuesday, November 15, 2022 | ||
| 3 | 3
cmp
Amended Complaint
Tue 11/15 7:09 PM
FIRST AMENDED COMPLAINT amending1 Complaint, against Darrell Williams with JURY DEMAND.Document filed by Darrell Williams. Related document:1 Complaint,..(Marzec, Darius) |
|
|
notice
Notice of Case Assignment/Reassignment
Tue 11/15 12:42 PM
NOTICE OF CASE REASSIGNMENT to Judge Naomi Reice Buchwald. Judge P. Kevin Castel is no longer assigned to the case. (vba) |
||
| Monday, November 14, 2022 | ||
| 2 | 2
misc
Civil Cover Sheet
Mon 11/14 1:34 PM
CIVIL COVER SHEET filed..(Marzec, Darius) |
|
|
misc
Notice to Attorney to Submit/File Civil Cover Sheet
Mon 11/14 12:30 PM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Darius Adam Marzec. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp) |
||
|
misc
Notice to Attorney Regarding Party Modification
Mon 11/14 12:32 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Darius Adam Marzec. The party information for the following party/parties has been modified: The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (gp) |
||
|
notice
Case Opening Initial Assignment Notice
Mon 11/14 12:34 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(gp) |
||
|
utility
Case Designation
Mon 11/14 12:34 PM
Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (gp) |
||
|
utility
Case Designated ECF
Mon 11/14 12:34 PM
Case Designated ECF. (gp) |
||
| Thursday, November 10, 2022 | ||
| 1 | 1
12
pgs
cmp
Complaint
Thu 11/10 6:29 PM
COMPLAINT against Montefiore Medical Center. (Filing Fee $ 402.00, Receipt Number ANYSDC-26947917)Document filed by Darrell Williams..(Marzec, Darius) |
|
|
Att: 1
Civil Cover Sheet SDNY Civil Cover Sheet,
|
||
|
Att: 2
Supplement Proposed Summons
|
||