Kauffman v. New York Presbyterian Hospital
| New York Southern District Court | |
| Judge: | Analisa Torres |
| Referred: | Robert W Lehrburger |
| Case #: | 1:23-cv-04964 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e-2e Job Discrimination (Unlawful Employment Practices) |
| Case Filed: | Jun 12, 2023 |
| Terminated: | Jan 10, 2025 |
| Last checked: Saturday Dec 09, 2023 4:46 AM EST |
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Defendant
New York Presbyterian Hospital
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Represented By
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Plaintiff
Kevin Kauffman
7 Spaulding Ln
Saugerties, NY 12477 |
| Docket last updated: 2 hours ago |
| Monday, January 13, 2025 | ||
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misc
Mailing Receipt
Mon 01/13 8:35 AM
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| Friday, January 10, 2025 | ||
| 39 | 39
order
Judgment - Clerk
Fri 01/10 8:36 AM
CLERK'S JUDGMENT re:38 Order Adopting Report and Recommendations in favor of New York Presbyterian Hospital against Kevin Kauffman. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 8, 2025, the Court ADOPTS Judge Lehrburger's R&R in its entirety. NYPH's motion to dismiss is GRANTED. Plaintiff's Title VII claim is DISMISSED WITH PREJUDICE, and his NYSHRL and NYCHRL claims are DISMISSED WITHOUT PREJUDICE. Leave to amend is DENIED. Accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 1/10/2025) (tp) |
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Att: 1
Appeal Package
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misc
Mailing Receipt
Fri 01/10 10:13 AM
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| Wednesday, January 08, 2025 | ||
| 38 | 38
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order
Order Adopting Report and Recommendations
Wed 01/08 4:37 PM
ORDER ADOPTING REPORT AND RECOMMENDATION for28 Motion to Dismiss filed by New York Presbyterian Hospital,37 Report and Recommendations. Accordingly, the Court ADOPTS Judge Lehrburger's R&R in its entirety. NYPH's motion to dismiss is GRANTED. Plaintiff's Title VII claim is DISMISSED WITH PREJUDICE, and his NYSHRL and NYCHRL claims are DISMISSED WITHOUT PREJUDICE. Leave to amend is DENIED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 28, close the case, and mail a copy of this order to Plaintiff pro se. (Signed by Judge Analisa Torres on 1/8/2025) (vfr) |
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| Wednesday, December 11, 2024 | ||
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misc
Mailing Receipt
Wed 12/11 10:09 AM
MAILING RECEIPT: Document No: 37. Mailed to: Kevin Kauffman 7 Spaulding Ln Saugerties, NY 12477. (ak) |
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| Tuesday, December 10, 2024 | ||
| 37 | 37
order
Report and Recommendations
Tue 12/10 5:42 PM
REPORT AND RECOMMENDATION TO HON. ANALISA TORRES: MOTION TO DISMISS re:28 MOTION to Dismiss the Amended Complaint . filed by New York Presbyterian Hospital. For the foregoing reasons, I recommend that NYPH's motion be GRANTED and the Amended Complaint be dismissed without leave to amend. The Title VII claim should be dismissed with prejudice. The state and city claims should be dismissed without prejudice. To the extent not discussed herein, the Court has considered all of Plaintiff's arguments and determined them to be either moot or without merit. SO ORDERED. Objections to R&R due by 12/26/2024 (Signed by Magistrate Judge Robert W. Lehrburger on 12/10/2024) (jca) |
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| Monday, October 07, 2024 | ||
| 36 | 36
service
Certificate of Service Other
Mon 10/07 1:13 PM
CERTIFICATE OF SERVICE of Reply in Further Support of Defendant The New York and Presbyterian Hospital's Motion to Dismiss Plaintiff's Amended Complaint served on Kevin Kauffman on 10/7/2024. Service was made by Federal Express. Document filed by New York Presbyterian Hospital..(Vance, Emily) |
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| 35 | 35
respm
Reply Memorandum of Law in Support of Motion
Mon 10/07 1:08 PM
REPLY MEMORANDUM OF LAW in Support re:28 MOTION to Dismiss the Amended Complaint . . Document filed by New York Presbyterian Hospital..(Velazquez, Liza) |
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| Thursday, September 19, 2024 | ||
| 34 | 34
respoth
Declaration in Opposition (non-motion)
Fri 09/20 3:32 PM
DECLARATION of Kevin Kauffman Response in Opposition re:13 MOTION to Dismiss the Complaint. Document filed by Kevin Kauffman. (ar) |
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| Wednesday, September 04, 2024 | ||
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Mailing Receipt
Wed 09/04 9:31 AM
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| Tuesday, September 03, 2024 | ||
| 33 | 33
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order
Order ~Util - Set Deadlines/Hearings
Tue 09/03 11:22 AM
ORDER: On July 30, 2024, Defendants filed a motion to dismiss Plaintiff's Amended Complaint. Plaintiff has not filed any opposition within the time permitted. The Court sua sponte extends Plaintiff's time to file any opposition to September 23, 2024. No further extensions will be granted. Any reply shall be filed by October 7, 2024. In the event Plaintiff does not file any opposition, the Court will decide the motion based on the existing record, and the absence of any opposition may alone be a basis for granting the motion. SO ORDERED. Copies transmitted to all counsel of record. The Court respectfully requests the Clerk of Court to mail a copy of this Order to the pro se Plaintiff: Kevin Kauffman 7 Spaulding Lane Saugerties, NY 12477. ( Responses due by 9/23/2024, Replies due by 10/7/2024.) (Signed by Magistrate Judge Robert W. Lehrburger on 9/3/2024) (tg) |
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| Thursday, August 01, 2024 | ||
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misc
Mailing Receipt
Thu 08/01 11:54 AM
MAILING RECEIPT: Document No: 32. Mailed to: Kevin Kauffman 7 Spaulding Ln Saugerties, NY 12477. (vba) |
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| Wednesday, July 31, 2024 | ||
| 32 | 32
order
Amended Order Referring Case to Magistrate Judge
Wed 07/31 4:17 PM
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) Particular Motion: ECF No. 28. Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. Motions referred to Robert W. Lehrburger. (Signed by Judge Analisa Torres on 7/31/2024) (jca) |
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| Tuesday, July 30, 2024 | ||
| 31 | 31
service
Certificate of Service Other
Tue 07/30 8:36 PM
CERTIFICATE OF SERVICE of Notice of Motion to Dismiss the Amended Complaint, Memorandum of Law in Support of Motion to Dismiss, Declaration of Emily A. Vance, and Exhibit A served on Kevin Kauffman on 7/30/2024. Service was made by Federal Express. Document filed by New York Presbyterian Hospital..(Vance, Emily) |
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| 30 | 30
respm
Declaration in Support of Motion
Tue 07/30 8:28 PM
DECLARATION of Emily A. Vance in Support re:28 MOTION to Dismiss the Amended Complaint .. Document filed by New York Presbyterian Hospital..(Vance, Emily) |
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Att: 1
Exhibit A - Religious Exemption Request History for Kevin Kauffman
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| 29 | 29
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respm
Memorandum of Law in Support of Motion
Tue 07/30 8:24 PM
MEMORANDUM OF LAW in Support re:28 MOTION to Dismiss the Amended Complaint . . Document filed by New York Presbyterian Hospital..(Velazquez, Liza) |
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| 28 | 28
motion
Dismiss
Tue 07/30 7:06 PM
MOTION to Dismiss the Amended Complaint . Document filed by New York Presbyterian Hospital..(Velazquez, Liza) |
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| Tuesday, July 16, 2024 | ||
| 27 | 27
cmp
Amended Complaint
Thu 07/18 12:30 PM
AMENDED COMPLAINT amending1 Complaint against New York Presbyterian Hospital with JURY DEMAND.Document filed by Kevin Kauffman. Related document:1 Complaint. (nb) |
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| Tuesday, June 11, 2024 | ||
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misc
Mailing Receipt
Tue 06/11 1:25 PM
MAILING RECEIPT: Document No: 26. Mailed to: Kevin Kauffman 7 Spaulding Ln Saugerties, NY 12477. (sac) |
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| Monday, June 10, 2024 | ||
| 26 | 26
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order
Order Adopting Report and Recommendations ~Util - Set Deadlines
Mon 06/10 12:27 PM
ORDER for13 Motion to Dismiss filed by New York Presbyterian Hospital,25 Report and Recommendations. Accordingly, the Court ADOPTS Judge Lehrburger's R&R in its entirety. NYPH's motion to dismiss is GRANTED. Plaintiff's claims are DISMISSED without prejudice. If-and only if-Plaintiff has a good-faith basis to plead facts that would adequately state a claim upon which relief may be granted, he may amend his complaint by July 15, 2024.The Clerk of Court is directed to terminate the motion at ECF No. 13 and mail a copy of this order to Plaintiff. ( Amended Pleadings due by 7/15/2024.) (Signed by Judge Analisa Torres on 6/10/2024) (tg) |
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| Monday, May 20, 2024 | ||
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misc
Mailing Receipt
Mon 05/20 2:28 PM
MAILING RECEIPT: Document No: 24-25. Mailed to: Kevin Kauffman 7 Spaulding Ln Saugerties, NY 12477. (vn) |
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| Thursday, May 16, 2024 | ||
| 25 | 25
order
Report and Recommendations
Thu 05/16 3:40 PM
REPORT AND RECOMMENDATION TO HON. ANALISA TORRES: MOTION TO DISMISS re:13 MOTION to Dismiss the Complaint filed by New York Presbyterian Hospital,1 Complaint filed by Kevin Kauffman. For the foregoing reasons, I recommend that NYPH's motion be GRANTED and the Compliant be dismissed without prejudice to leave to amend. To the extent not discussed herein, the Court has considered all of Plaintiff's arguments and determined them to be without merit. Objections to R&R due by 5/30/2024. (Signed by Magistrate Judge Robert W. Lehrburger on 5/16/2024) (mml) |
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| Tuesday, May 14, 2024 | ||
| 24 | 24
order
Memo Endorsement ~Util - Add and Terminate Attorneys
Tue 05/14 11:24 AM
MEMO ENDORSEMENT on re:23 Letter filed by New York Presbyterian Hospital. ENDORSEMENT: Granted. The Court extends its condolences to Mr. Gertzman's family, friends, and colleagues. SO ORDERED. Attorney Michael E. Gertzman terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 5/14/2024) (mml) |
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| Monday, May 13, 2024 | ||
| 23 | 23
misc
Letter
Mon 05/13 4:38 PM
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Liza M. Velazquez dated May 13, 2024 re: Withdrawing Counsel due to Death. Document filed by New York Presbyterian Hospital..(Velazquez, Liza) |
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| Thursday, November 30, 2023 | ||
| 22 | 22
misc
Letter
Thu 11/30 7:26 PM
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Liza M. Velazquez dated November 30, 2023 re: Notice of Supplemental Authority. Document filed by New York Presbyterian Hospital..(Velazquez, Liza) |
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| Thursday, November 16, 2023 | ||
| 21 | 21
respm
Reply Memorandum of Law in Support of Motion
Thu 11/16 3:33 PM
REPLY MEMORANDUM OF LAW in Support re:13 MOTION to Dismiss the Complaint . . Document filed by New York Presbyterian Hospital..(Velazquez, Liza) |
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Att: 1
Affidavit /Affirmation of Service
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| Friday, October 27, 2023 | ||
| 20 | 20
respoth
Declaration (non-motion)
Tue 10/31 4:44 PM
DECLARATION of Kevin Kauffman - EXHIBITS IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS, re:13 MOTION to Dismiss the Complaint . Document filed by Kevin Kauffman. (sc) |
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| 19 | 19
respm
Response in Opposition to Motion
Tue 10/31 4:40 PM
DECLARATION( RESPONSE in Opposition to Motion re:13 MOTION to Dismiss the Complaint ). Document filed by Kevin Kauffman. (sc) |
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| Wednesday, October 04, 2023 | ||
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Mailing Receipt
Wed 10/04 11:06 AM
MAILING RECEIPT: Document No: 17-18. Mailed to: Kevin Kauffman 7 Spaulding Ln Saugerties, NY 12477. (sha) |
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| Tuesday, October 03, 2023 | ||
| 18 | 18
order
Scheduling Order
Tue 10/03 6:24 PM
ORDER: On October 2, 2023, Defendants filed a motion to dismiss the complaint. (See Dkt. 13-15.) Any opposition from Plaintiff must be filed by November 2, 2023. Failure to timely file opposition may result in dismissal of the complaint for that reason alone. Defendants must file any reply thereto by November 16, 2023. SO ORDERED. Copies transmitted to all counsel of record. The Court respectfully requests the Clerk of Court to mail a copy of this Order to the pro se Plaintiff: Kevin Kauffman, 7 Spaulding Lane, Saugerties, NY 12477. Responses due by 11/2/2023 Replies due by 11/16/2023. (Signed by Magistrate Judge Robert W. Lehrburger on 10/3/2023) (mml) |
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| 17 | 17
order
Amended Order Referring Case to Magistrate Judge
Tue 10/03 11:50 AM
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Particular Motion: ECF No. 13. Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. Motions referred to Robert W. Lehrburger. (Signed by Judge Analisa Torres on 10/3/2023) (jca) |
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| Monday, October 02, 2023 | ||
| 16 | 16
service
Affidavit of Service Other
Mon 10/02 6:29 PM
AFFIDAVIT OF SERVICE of Notices of Appearance, Corporate Disclosure Statement, Notice of Motion to Dismiss, Memorandum of Law in Support of Motion to Dismiss, Declaration of Emily A. Vance, and Exhibit A served on Kevin Kauffman on 10/2/2023. Service was made by MAIL. Document filed by New York Presbyterian Hospital..(Vance, Emily) |
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| 15 | 15
respm
Declaration in Support of Motion
Mon 10/02 6:26 PM
DECLARATION of Emily A. Vance in Support re:13 MOTION to Dismiss the Complaint .. Document filed by New York Presbyterian Hospital..(Vance, Emily) |
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Att: 1
Exhibit A-Religious Exemption History for Kevin Kauffman
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respm
Memorandum of Law in Support of Motion
Mon 10/02 6:24 PM
MEMORANDUM OF LAW in Support re:13 MOTION to Dismiss the Complaint . . Document filed by New York Presbyterian Hospital..(Velazquez, Liza) |
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| 13 | 13
motion
Dismiss
Mon 10/02 6:23 PM
MOTION to Dismiss the Complaint . Document filed by New York Presbyterian Hospital..(Velazquez, Liza) |
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| 12 | 12
misc
Rule 7.1 Corporate Disclosure Statement
Mon 10/02 6:21 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Presbyterian Hospital..(Velazquez, Liza) |
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| 11 | 11
notice
Notice of Appearance
Mon 10/02 6:19 PM
NOTICE OF APPEARANCE by Juhyun Park on behalf of New York Presbyterian Hospital..(Park, Juhyun) |
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| 10 | 10
notice
Notice of Appearance
Mon 10/02 6:16 PM
NOTICE OF APPEARANCE by Emily A. Vance on behalf of New York Presbyterian Hospital..(Vance, Emily) |
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| 9 | 9
notice
Notice of Appearance
Mon 10/02 6:15 PM
NOTICE OF APPEARANCE by Gregory Frederick Laufer on behalf of New York Presbyterian Hospital..(Laufer, Gregory) |
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| 8 | 8
notice
Notice of Appearance
Mon 10/02 6:13 PM
NOTICE OF APPEARANCE by Liza May Velazquez on behalf of New York Presbyterian Hospital..(Velazquez, Liza) |
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| 7 | 7
notice
Notice of Appearance
Mon 10/02 6:12 PM
NOTICE OF APPEARANCE by Michael E. Gertzman on behalf of New York Presbyterian Hospital..(Gertzman, Michael) |
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| Wednesday, September 20, 2023 | ||
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misc
Mailing Receipt
Wed 09/20 11:50 AM
MAILING RECEIPT: Document No: 6. Mailed to: Kevin Kauffman 7 Spaulding Ln Saugerties, NY 12477. (sha) |
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| Tuesday, September 19, 2023 | ||
| 6 | 6
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order
Order
Tue 09/19 12:42 PM
ORDER Plaintiff initiated this action on June 12, 2023. (Dkt. 1.) A summons issued to Defendant on June 13, 2023. (Dkt. 3.) Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff has a 90-day period to serve Defendant. That time has expired. The Court sua sponte extends Plaintiff's time to serve by 60 days. The Court reminds Plaintiff that it is his responsibility to effect service and the case can be dismissed if he fails to do so. The Court also directs Plaintiff to the Pro Se Intake Unit at (212) 805-0175, open during normal business hours, 8:30 a.m. to 5:00 p.m., Monday through Friday, or available at https://www.nysd.uscourts.gov/prose. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/19/2023) Copies transmitted to all counsel of record. The Court respectfully requests the Clerk ofCourt to mail a copy of this Order to the pro se Plaintiff: Kevin Kauffman 7 Spaulding Lane Saugerties, NY 12477 (jca) |
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| Wednesday, June 21, 2023 | ||
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misc
Mailing Receipt
Wed 06/21 9:06 AM
MAILING RECEIPT: Document No: 5. Mailed to: Kevin Kauffman 7 Spaulding Ln Saugerties, NY 12477. (kh) |
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misc
Mail Order by USPS
Wed 06/21 4:02 PM
Mailed a copy of Notice of Case Assignment/Reassignment to Kevin Kauffman at 7 Spaulding Ln Saugerties, NY 12477. (sgz) |
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| Tuesday, June 20, 2023 | ||
| 5 | 5
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order
Order Referring Case to Magistrate Judge
Tue 06/20 2:17 PM
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Analisa Torres on 6/20/2023) (kv) |
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notice
Notice of Case Assignment/Reassignment
Tue 06/20 12:21 PM
NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (sgz) |
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utility
Case Designation
Tue 06/20 12:22 PM
Magistrate Judge Robert W. Lehrburger 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] . (sgz) |
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| Tuesday, June 13, 2023 | ||
| 3 | 3
service
Summons Issued
Tue 06/13 4:17 PM
SUMMONS ISSUED as to New York Presbyterian Hospital. (ta) |
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misc
Pro Se Payment of Fee - Processed
Tue 06/13 3:58 PM
Pro Se Payment of Fee Processed: Money Order processed by the Finance Department on 6/13/2023, Receipt Number 384. (sj) |
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Mail Order by USPS
Tue 06/13 4:18 PM
Mailed a copy of3 Summons Issued to Kevin Kauffman 7 Spaulding Ln Saugerties, NY 12477..(ta) |
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| Monday, June 12, 2023 | ||
| 2 | 2
service
Request for Issuance of Summons
Tue 06/13 3:26 PM
REQUEST FOR ISSUANCE OF SUMMONS as to New York Presbyterian Hospital, re:1 Complaint. Document filed by Kevin Kauffman. (sac) |
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| 1 | 1
cmp
Complaint
Tue 06/13 3:23 PM
COMPLAINT against New York Presbyterian Hospital. Document filed by Kevin Kauffman. (sac) |
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utility
Case Designated ECF
Tue 06/13 3:23 PM
Case Designated ECF. (sac) |
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