Rivera v BronxCare Health System
| New York Southern District Court | |
| Judge: | Vernon S Broderick |
| Case #: | 1:23-cv-08698 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e-2e Job Discrimination (Unlawful Employment Practices) |
| Case Filed: | Oct 03, 2023 |
| Last checked: Sunday Mar 31, 2024 5:09 AM EDT |
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Defendant
BronxCare Health System
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Represented By
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Plaintiff
Vivanique Rivera
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Represented By
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| Docket last updated: 4 hours ago |
| Friday, January 31, 2025 | ||
| 43 | 43
respm
Response in Support of Motion
Fri 01/31 5:18 PM
RESPONSE in Support of Motion re:34 FIRST MOTION for Summary Judgment . Defendant's Response to Plaintiff's Statement of Material Fact Pursuant to Local Civil Rule 56.1 . Document filed by BronxCare Health System..(Correa, Stephanie) |
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| 42 | 42
respm
Declaration in Support of Motion
Fri 01/31 5:17 PM
DECLARATION of Stephanie R. Correa in Support re:34 FIRST MOTION for Summary Judgment .. Document filed by BronxCare Health System..(Correa, Stephanie) |
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Att: 1
Exhibit 47- Sign In Sheets
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| 41 | 41
respm
Reply Memorandum of Law in Support of Motion
Fri 01/31 4:42 PM
REPLY MEMORANDUM OF LAW in Support re:34 FIRST MOTION for Summary Judgment . . Document filed by BronxCare Health System..(Correa, Stephanie) |
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| Tuesday, January 14, 2025 | ||
| 40 | 40
misc
Counter Statement to Rule 56.1
Tue 01/14 12:07 PM
COUNTER STATEMENT TO Document filed by Vivanique Rivera..(Friedman, Perry) |
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| Monday, January 13, 2025 | ||
| 39 | 39
respm
Affirmation in Opposition to Motion
Mon 01/13 8:24 PM
AFFIRMATION of Perry S. Friedman in Opposition re:34 FIRST MOTION for Summary Judgment .. Document filed by Vivanique Rivera..(Friedman, Perry) |
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| 38 | 38
respm
Declaration in Opposition to Motion
Mon 01/13 8:17 PM
DECLARATION of Perry S. Friedman in Opposition re:34 FIRST MOTION for Summary Judgment .. Document filed by Vivanique Rivera..(Friedman, Perry) |
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Att: 1
Exhibit Exhibit A Email Thread,
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Att: 2
Exhibit Exhibit B Text Thread,
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Att: 3
Exhibit Exhibit C Text Thread,
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Att: 4
Exhibit Exhibit D Text Thread
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| 37 | 37
28
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respm
Memorandum of Law in Opposition to Motion
Mon 01/13 8:12 PM
FIRST MEMORANDUM OF LAW in Opposition re:34 FIRST MOTION for Summary Judgment . . Document filed by Vivanique Rivera..(Friedman, Perry) |
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| Wednesday, December 18, 2024 | ||
| 36 | 36
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Thu 12/19 8:44 AM
ORDER granting35 Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. SO ORDERED. Responses due by 1/13/2025 Replies due by 1/31/2025. (Signed by Judge Vernon S. Broderick on 12/18/2024) (tg) |
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| 35 | 35
motion
Extension of Time to File Response/Reply
Wed 12/18 11:18 AM
FIRST LETTER MOTION for Extension of Time to File Response/Reply opposition to Defendant's motion for summary judgment addressed to Judge Vernon S. Broderick from Perry S. Friedman dated December 18, 2024. Document filed by Vivanique Rivera..(Friedman, Perry) |
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| Friday, November 22, 2024 | ||
| 34 | 34
motion
Summary Judgment
Fri 11/22 5:26 PM
FIRST MOTION for Summary Judgment . Document filed by BronxCare Health System. Responses due by 12/23/2024.(Rodriguez, Dorichel) |
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Att: 1
Supplement Affirmation,
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Att: 2
Supplement 56.1 Statement,
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Att: 3
Supplement Memorandum of Law,
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Att: 4
Exhibit Plaintiff's Deposition Testimony,
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Att: 5
Exhibit Griffin-Mahon's Deposition Testimony,
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Att: 6
Exhibit Dowrich's Deposition Testimony,
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Att: 7
Exhibit Discrimination Complaint Policy,
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Att: 8
Exhibit EEO Policy Statement,
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Att: 9
Exhibit Employee Orientation Summary,
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Att: 10
Exhibit Employee Performance Appraisal,
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Att: 11
Exhibit Personnel Action Request,
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Att: 12
Exhibit Diploma,
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Att: 13
Exhibit Employee Requisition Form,
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Att: 14
Exhibit Email August 30, 2019,
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Att: 15
Exhibit Text Message,
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Att: 16
Exhibit Email November 15, 2020,
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Att: 17
Exhibit Email November 8, 2019,
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Att: 18
Exhibit Email Nhambiu,
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Att: 19
Exhibit Email Nhambiu,
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Att: 20
Exhibit Email Nhambiu,
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Att: 21
Exhibit Text Message,
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Att: 22
Exhibit Email October 24, 2019,
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Att: 23
Exhibit Email October 4, 2019,
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Att: 24
Exhibit Email Thread,
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Att: 25
Exhibit Text Message Thread,
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Att: 26
Exhibit Director's Meeting Minutes,
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Att: 27
Exhibit Handwritten Notes,
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Att: 28
Exhibit Handwritten Notes,
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Att: 29
Exhibit Handwritten Notes,
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Att: 30
Exhibit Text Message,
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Att: 31
Exhibit Text Message,
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Att: 32
Exhibit Text Message,
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Att: 33
Exhibit Text Message,
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Att: 34
Exhibit Text Message,
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Att: 35
Exhibit Text Message,
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Att: 36
Exhibit Text Message,
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Att: 37
Exhibit Email Thread,
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Att: 38
Exhibit Text Message,
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Att: 39
Exhibit Text Message,
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Att: 40
Exhibit Handwritten Notes,
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Att: 41
Exhibit Letter,
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Att: 42
Exhibit Anecdotal,
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Att: 43
Exhibit Email Thread,
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Att: 44
Exhibit Email March 27, 2020,
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Att: 45
Exhibit Email Thread,
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Att: 46
Exhibit Grant Request,
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Att: 47
Exhibit Human Resources Form,
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Att: 48
Exhibit Employment Orientation Summary,
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Att: 49
Exhibit Rules of Conduct
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| Monday, October 21, 2024 | ||
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minutes
Case Management Conference 1 - Terminate Hearings
Tue 10/22 12:24 PM
Minute Entry for proceedings held before Judge Vernon S. Broderick: Case Management/Post Discovery Conference held on 10/21/2024. The summary judgment briefing schedule is as follows: motion due November 22, 2024; opposition due December 23, 2024; reply due January 10, 2025. (Court Reporter Devon Gerber) (ldi) |
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| Monday, October 07, 2024 | ||
| 33 | 33
misc
Status Report
Mon 10/07 2:19 PM
STATUS REPORT. Joint Status Report Document filed by BronxCare Health System..(Correa, Stephanie) |
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| Monday, June 03, 2024 | ||
| 32 | 32
3
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Mon 06/03 4:35 PM
AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting30 Letter Motion for Extension of Time to Complete Discovery. Pursuant to Rules 16-26(f) of the Federal Rules of Civil Procedure, the Court hereby adopts the following Case Management Plan and Scheduling Order: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). The parties have engaged in settlement discussions. This case is to be tried to a jury. All fact discovery is to be completed no later than July 26, 2024. Depositions shall be completed by July 19, 2024. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by August 26, 2024. All discovery shall be completed no later than September 30, 2024. The Court will conduct a telephonic post-discovery conference on October 21, 2024 at 1:00 PM. The dial-in number is 888-363-4749 and the conference code is 2682448. The parties have conferred and their present best estimate of the length of trial is 5 days. (And as further set forth herein.) SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/3/2024) (jca) |
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utility
Set/Reset Deadlines Set/Reset Hearings
Mon 06/03 4:38 PM
Set/Reset Deadlines: ( Deposition due by 8/26/2024., Discovery due by 9/30/2024., Expert Discovery due by 8/26/2024., Fact Discovery due by 7/26/2024.), Set/Reset Hearings:( Telephone Conference set for 10/21/2024 at 01:00 PM before Judge Vernon S. Broderick.) (jca) |
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| Sunday, June 02, 2024 | ||
| 31 | 31
notice
Notice of Appearance
Sun 06/02 9:12 PM
NOTICE OF APPEARANCE by Dorichel Rodriguez on behalf of BronxCare Health System..(Rodriguez, Dorichel) |
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| Thursday, May 30, 2024 | ||
| 30 | 30
motion
Extension of Time to Complete Discovery
Thu 05/30 1:42 PM
SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vernon S. Broderick from Perry S. Friedman and Stephanie Correa dated May 30, 2024. Document filed by Vivanique Rivera..(Friedman, Perry) |
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Att: 1
Proposed Order Proposed Revised Scheduling Order
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| Monday, April 29, 2024 | ||
| 29 | 29
order
Protective Order
Tue 04/30 9:13 AM
CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/29/2024) (tg) |
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| Thursday, April 25, 2024 | ||
| 28 | 28
misc
Proposed Stipulation and Order
Thu 04/25 4:39 PM
PROPOSED STIPULATION AND ORDER. Document filed by BronxCare Health System..(Correa, Stephanie) |
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| Wednesday, April 17, 2024 | ||
| 27 | 27
order
Case Management Plan
Wed 04/17 1:13 PM
CASE MANAGEMENT PLAN AND SCHEDULING ORDER (REVISED):All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). Fact Discovery due by 6/14/2024. Depositions shall be completed by 5/31/2024. All expe1t discove1y, including disclosures, repo1ts, production of underlying documents, and depositions shall be completed by 7/26/2024. Discovery due by 8/30/2024. Telephone Conference set for 9/12/2024 at 01:00 PM before Judge Vernon S. Broderick. The dial-in number is 888-363-4749 and the conference code is 2682448. The parties have conferred and their present best estimate of the length of trial is 5 days. (Signed by Judge Vernon S. Broderick on 4/17/2024) (rro) |
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| 26 | 26
2
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Wed 04/17 1:07 PM
ORDER granting25 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/17/2024) (rro) |
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| Tuesday, April 16, 2024 | ||
| 25 | 25
motion
Extension of Time to Complete Discovery
Tue 04/16 4:35 PM
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vernon S. Broderick from Perry Friedman dated April 16, 2024. Document filed by Vivanique Rivera..(Friedman, Perry) |
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Att: 1
Proposed Order Proposed Revised Scheduling Order
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| Tuesday, January 23, 2024 | ||
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adr
Mediation Conference Scheduled
Tue 01/23 9:49 AM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 3/6/2024 at 10:00 AM in telephone or video conference.(sge) |
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| Friday, January 12, 2024 | ||
| 23 | 23
order
Case Management Plan
Fri 01/12 3:00 PM
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Fact Discovery due by 5/10/2024. Deposition due by 4/30/2024. All expe1i discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by June 28, 2024. Discovery due by 8/2/2024. Telephone Conference set for 8/16/2024 at 11:00 AM before Judge Vernon S. Broderick. The dial-in number is 888-363-4749 and the conference code is 2682448. The parties have conferred and their present best estimate of the length of trial is five (5) days. (Signed by Judge Vernon S. Broderick on 1/12/2024) (rro) |
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| Thursday, January 11, 2024 | ||
| 22 | 22
misc
Proposed Case Management Plan
Thu 01/11 9:39 AM
PROPOSED CASE MANAGEMENT PLAN. Document filed by BronxCare Health System..(Correa, Stephanie) |
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Att: 1
Supplement Letter to Judge Broderick from Counsel regarding proposed Case Management Plan
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| Monday, January 08, 2024 | ||
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adr
Notice of Mediator Assignment
Mon 01/08 12:02 PM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/7/2024.(sge) |
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| Tuesday, December 26, 2023 | ||
| 21 | 21
1
pgs
order
Order on Motion for Extension of Time
Tue 12/26 1:43 PM
ORDER granting20 Letter Motion for Extension of Time. APPLICATION GRANTED SO ORDERED. Extension is granted until January 11, 2024. (Signed by Judge Vernon S. Broderick on 12/26/2023) (jca) |
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| Friday, December 22, 2023 | ||
| 20 | 20
motion
Extension of Time
Fri 12/22 2:59 PM
FIRST LETTER MOTION for Extension of Time to file joint letter addressed to Judge Vernon S. Broderick from Perry S. Friedman dated December 22, 2023. Document filed by Vivanique Rivera..(Friedman, Perry) |
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| Thursday, December 21, 2023 | ||
| 19 | 19
6
pgs
order
Order of Automatic Referral to Mediation
Thu 12/21 2:33 PM
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 1/4/2024. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr) |
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| 18 | 18
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order
Order for Initial Pretrial Conference
Thu 12/21 1:53 PM
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby:ORDERED that the Court will not be holding an initial pretrial conference.IT IS FURTHER ORDERED that, by January 4, 2024, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: and further set forth in this Order. (Signed by Judge Vernon S. Broderick on 12/21/2023) (rro) |
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| Wednesday, December 20, 2023 | ||
| 17 | 17
answer
Answer to Complaint
Wed 12/20 5:02 PM
ANSWER to1 Complaint with JURY DEMAND. Document filed by BronxCare Health System..(Correa, Stephanie) |
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| 16 | 16
misc
Rule 7.1 Corporate Disclosure Statement
Wed 12/20 4:59 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BronxCare Health System..(Correa, Stephanie) |
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| Friday, December 15, 2023 | ||
| 15 | 15
order
Consent Order ~Util - Add and Terminate Attorneys
Fri 12/15 2:36 PM
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY Notice is hereby given that, subject to approval by the court, BronxCare Health System substitutes Stephanie R. Correa as counsel of record in place of Ernest John Collazo and Susan Curtis, Greenberg & Kaplan, LLP. The substitution of attomey is hereby approved and so ORDERED. Attorney Ernest John Collazo and Susan Grace Curtis terminated. (Signed by Judge Vernon S. Broderick on 12/15/2023) (rro) |
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| Thursday, December 14, 2023 | ||
| 14 | 14
misc
Proposed Consent Order
Thu 12/14 5:18 PM
PROPOSED CONSENT ORDER. Document filed by BronxCare Health System..(Correa, Stephanie) |
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| Wednesday, December 13, 2023 | ||
| 13 | 13
notice
Notice of Appearance
Wed 12/13 5:08 PM
NOTICE OF APPEARANCE by Stephanie Rose Correa on behalf of BronxCare Health System..(Correa, Stephanie) |
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| Friday, November 17, 2023 | ||
| 10 | 10
misc
Rule 7.1 Corporate Disclosure Statement
Fri 11/17 9:59 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BronxCare Health System..(Curtis, Susan) |
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| 9 | 9
motion
Extension of Time to File Answer
Fri 11/17 9:44 PM
PROPOSED LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Susan Curtis dated November 17, 2023. Document filed by BronxCare Health System..(Curtis, Susan) |
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Att: 1
Proposed Order Notice of Stipulation Extending Time
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| 8 | 8
notice
Notice of Appearance
Fri 11/17 9:31 PM
NOTICE OF APPEARANCE by Susan Curtis on behalf of BronxCare Health System..(Curtis, Susan) |
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| 7 | 7
notice
Notice of Appearance
Fri 11/17 9:21 PM
NOTICE OF APPEARANCE by Ernest John Collazo on behalf of BronxCare Health System..(Collazo, Ernest) |
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| Friday, November 10, 2023 | ||
| 6 | 6
service
Affidavit of Service Complaints
Fri 11/10 3:29 PM
AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by Elizabeth Authorized to Accept Service. Document filed by Vivanique Rivera..(Friedman, Perry) |
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| Tuesday, October 24, 2023 | ||
| 5 | 5
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service
Summons Issued
Tue 10/24 3:37 PM
ELECTRONIC SUMMONS ISSUED as to BronxCare Health System. (sj) |
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misc
Notice to Attorney Regarding Party Modification
Tue 10/24 3:34 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Perry Steven Friedman. The party information for the following party/parties has been modified: Vivianique Rivera. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj) |
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| Friday, October 20, 2023 | ||
| 4 | 4
service
Request for Issuance of Summons
Fri 10/20 4:01 PM
REQUEST FOR ISSUANCE OF SUMMONS as to BronxCare Health System, re:1 Complaint. Document filed by Vivianique Rivera..(Friedman, Perry) |
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| Wednesday, October 04, 2023 | ||
| 3 | 3
misc
Civil Cover Sheet
Wed 10/04 2:09 PM
CIVIL COVER SHEET filed..(Friedman, Perry) |
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| 2 | 2
misc
Civil Cover Sheet
Wed 10/04 10:10 AM
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Friedman, Perry) Modified on 10/4/2023 (pc) |
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notice
Case Opening Initial Assignment Notice
Wed 10/04 10:08 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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] ..(pc) |
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utility
Case Designation
Wed 10/04 10:08 AM
Magistrate Judge Gary Stein 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] . (pc) |
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utility
Case Designated ECF
Wed 10/04 10:09 AM
Case Designated ECF. (pc) |
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misc
Notice to Attorney Regarding Party Modification
Wed 10/04 10:10 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Perry Steven Friedman. The party information for the following party/parties has been modified: Vivianique Rivera, BronxCare Health System. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Wed 10/04 10:11 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Perry Steven Friedman. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:451;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:2000e;. (pc) |
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misc
Notice to Attorney to Submit/File Civil Cover Sheet
Wed 10/04 10:11 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Perry Steven Friedman. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Wed 10/04 10:14 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Perry Steven Friedman to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): civil cover sheet was not signed;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
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| Tuesday, October 03, 2023 | ||
| 1 | 1
21
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cmp
Complaint
Tue 10/03 4:52 PM
COMPLAINT against BronxCare Health System. (Filing Fee $ 402.00, Receipt Number ANYSDC-28376010)Document filed by Vivianique Rivera..(Friedman, Perry) |
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