Fiore v. North Shore Radiation Therapy et al
| New York Eastern District Court | |
| Judge: | Nusrat J Choudhury |
| Case #: | 2:24-cv-03164 |
| Nature of Suit | 445 Civil Rights - Amer w/Disabilities-Employment |
| Cause | 28:451 Employment Discrimination |
| Case Filed: | Apr 28, 2024 |
| Last checked: Saturday Oct 26, 2024 6:33 AM EDT |
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Defendant
North Shore Radiation Therapy
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Represented By
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Defendant
Northwell Health, Inc.
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Represented By
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Plaintiff
Sarah Fiore
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Represented By
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| Docket last updated: 05/16/2025 11:59 PM EDT |
| Monday, April 21, 2025 | ||
| 31 | 31
misc
Letter
Mon 04/21 3:32 PM
Letter Re: Service of Motion to Dismiss Papers by North Shore Radiation Therapy, Northwell Health, Inc. (Kang, William) |
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| Monday, March 24, 2025 | ||
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order
Order on Motion for Pre Motion Conference
Mon 03/24 7:16 PM
ORDER: The Court has reviewed the parties' correspondence concerning Defendants' anticipated motion to dismiss the Amended Complaint (ECF Nos. 29-30). The Court finds that a pre-motion conference is not necessary at this time and waives the pre-motion conference requirement. The parties shall comply with the following briefing schedule: Defendants shall serve any motion to dismiss the Amended Complaint by April 21, 2025 . Plaintiff shall serve on Defendants any opposition to the motion to dismiss by May 19, 2025 . Defendants shall serve any reply to the motion to dismiss by June 2, 2025 . The parties are directed to consult and comply with the Court's Individual Rules, including the Court's recommended bundling practice. See Individual Rule 5.2. Consequently, all briefing shall be filed with the Court no later than June 2, 2025 . By June 4, 2025 , Defendants must deliver to Chambers two (2) courtesy copies of Defendants' fully-briefed motion to dismiss, including all parties' briefing and exhibits. The parties must otherwise comply with the Court's Individual Rules regarding for the provision of courtesy copies, Individual Rule 1.3. The parties shall comply with the following formatting requirements: 1) All binder spines must identify the case name, docket number, and binder's contents. 2) Briefs and factual submissions shall be separated by tabs. 3) Pages shall be printed double-sided. Ordered by Judge Nusrat J. Choudhury on 3/24/2025. (NB) |
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| Thursday, February 06, 2025 | ||
| 30 | 30
misc
Letter
Thu 02/06 11:33 PM
Letter in Opposition to Pre-Motion Conference by Sarah Fiore (Mermigis, James) |
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| Friday, January 31, 2025 | ||
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order
Order(Other)
Fri 01/31 9:30 AM
ORDER: The Court has received Defendants' motion for a pre motion conference in anticipation of filing a motion to dismiss the Amended Complaint pursuant to Rule 12(b)(6), Fed. R. Civ. P. (ECF No. 29). Plaintiff shall file any response by February 6, 2025 . Ordered by Judge Nusrat J. Choudhury on 1/31/2025. (NB) |
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| Wednesday, January 29, 2025 | ||
| 29 | 29
motion
Pre Motion Conference
Wed 01/29 2:50 PM
Letter MOTION for pre motion conference by North Shore Radiation Therapy, Northwell Health, Inc.. (Kang, William) |
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| Friday, January 17, 2025 | ||
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order
Order on Motion to Dismiss for Failure to State a Claim
Fri 01/17 4:39 PM
ORDER: In light of Plaintiff's timely filing of the Amended Complaint in accordance with the Court's December 2, 2024 scheduling order (ECF No. 28), Defendants' Motion to Dismiss the original complaint, (ECF No.23 ), is dismissed as moot. As stated in the Court's scheduling order, Defendant shall file any letter requesting a pre-motion conference concerning an anticipated motion to dismiss the Amended Complaint by January 30, 2025 . Ordered by Judge Nusrat J. Choudhury on 1/17/2025. (NB) |
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| Thursday, January 16, 2025 | ||
| 28 | 28
cmp
Amended Complaint
Thu 01/16 9:22 PM
AMENDED COMPLAINT Sarah Fiore against North Shore Radiation Therapy, Northwell Health, Inc., filed by Sarah Fiore. (Mermigis, James) |
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Att: 1
Exhibit Section 2.61 (NYS Vaccine Mandate),
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Att: 2
Exhibit Plaintiff's Medical Accommodation/Exemption Request,
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Att: 3
Exhibit Defendants' Exemption Denial,
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Att: 4
Exhibit Dr. Gee's Second Letter in Support of a Medical Exemption,
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Att: 5
Exhibit Dr. Mund's Exemption Letter,
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Att: 6
Exhibit Right to Sue Letter
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| Monday, December 30, 2024 | ||
| 27 | 27
23
pgs
respoth
Memorandum in Support
Mon 12/30 2:00 PM
MEMORANDUM in Support re23 MOTION to Dismiss for Failure to State a Claim refiled pursuant to the Court's 12/30/24 Order filed by North Shore Radiation Therapy, Northwell Health, Inc.. (Kang, William) |
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Att: 1
Exhibit FAQs Regarding the August 26, 2021 Prevention of COVID-19 Transmission by Covered Entities Emergency Regulation
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order
Order on Motion to Amend/Correct/Supplement
Mon 12/30 12:54 PM
ORDER: The Court has reviewed Defendants' letter motion requesting leave to refile their Memorandum in Support of their Motion to Dismiss (ECF No.26 .) The motion is granted. Defendants shall refile their Memorandum in Support of their Motion to Dismiss by January 2, 2025 . Ordered by Judge Nusrat J. Choudhury on 12/30/2024. (RDP) |
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| Thursday, December 26, 2024 | ||
| 26 | 26
motion
Amend/Correct/Supplement
Thu 12/26 4:58 PM
MOTION to Amend/Correct/Supplement25 Memorandum in Support by North Shore Radiation Therapy, Northwell Health, Inc.. (Kang, William) |
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Att: 1
Exhibit FAQs Regarding the August 26, 2021 Prevention of COVID-19 Transmission by Covered Entities Emergency Regulation
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| Monday, December 23, 2024 | ||
| 25 | 25
23
pgs
respoth
Memorandum in Support
Mon 12/23 3:56 PM
MEMORANDUM in Support re23 MOTION to Dismiss for Failure to State a Claim filed by North Shore Radiation Therapy, Northwell Health, Inc.. (Kang, William) |
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| 24 | 24
respm
Affidavit/Declaration in Support of Motion
Mon 12/23 3:55 PM
AFFIDAVIT/DECLARATION in Support re23 MOTION to Dismiss for Failure to State a Claim filed by North Shore Radiation Therapy, Northwell Health, Inc.. (Kang, William) |
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Att: 1
Exhibit A - Complaint
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| 23 | 23
motion
Dismiss for Failure to State a Claim
Mon 12/23 3:46 PM
MOTION to Dismiss for Failure to State a Claim by North Shore Radiation Therapy, Northwell Health, Inc.. (Kang, William) |
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| 22 | 22
misc
Corporate Disclosure Statement
Mon 12/23 3:43 PM
Corporate Disclosure Statement by North Shore Radiation Therapy, Northwell Health, Inc. (Kang, William) |
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| Tuesday, December 10, 2024 | ||
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order
Order(Other)
Tue 12/10 4:28 PM
ORDER re20 Stipulation, filed by Northwell Health, Inc., North Shore Radiation Therapy. The STIPULATION AND PROTECTIVE ORDER FOR THE PRODUCTION ANDEXCHANGE OF CONFIDENTIAL INFORMATION, AND FRE 502(d) and (e)CLAWBACK is approved and hereby entered as an Order of the Court. So Ordered by Magistrate Judge Steven Tiscione on 12/10/2024. (LV) |
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| Monday, December 09, 2024 | ||
| 21 | 21
minutes
Settlement Conference Order on Motion to Appear by Telephone/Video
Mon 12/09 2:59 PM
Minute Order for Settlement Conference held on 12/6/2024 before Magistrate Judge Steven Tiscione: Mermigis for Plaintiff; Griffith for Defendants. Settlement discussions were held but the parties were unable to reach a disposition at thistime. Parties will continue with discovery and advise the Court if a further settlement conference would be productive. MOTION to Appear by Telephone/Video18 is denied as moot. (Not Recorded.) (LV) |
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| 20 | 20
misc
Stipulation
Mon 12/09 2:37 PM
STIPULATION Proposed Stipulation and Protective Order for the Production and Exchange of Confidential Information, and FRE 502(d) and (e) Clawback Stipulation and Order by North Shore Radiation Therapy, Northwell Health, Inc. (Griffith, Lisa) |
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| Thursday, December 05, 2024 | ||
| 19 | 19
misc
Letter
Thu 12/05 3:41 PM
Letter to Judge Tiscione by Sarah Fiore (Mermigis, James) |
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| 18 | 18
motion
Appear by Telephone/Video
Thu 12/05 1:55 PM
MOTION to Appear by Telephone/Video at Settlement Conference scheduled for December 6, 2024 by North Shore Radiation Therapy, Northwell Health, Inc.. (Kang, William) |
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| Tuesday, December 03, 2024 | ||
| 16 | 16
notice
Notice of Appearance
Tue 12/03 6:22 PM
NOTICE of Appearance by William Kang on behalf of All Defendants (aty to be noticed) (Kang, William) |
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| Monday, December 02, 2024 | ||
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order
Order on Motion to Dismiss for Failure to State a Claim
Mon 12/02 11:20 PM
ORDER: Defendants have filed a letter motion in anticipation of filing motion to dismiss the Complaint (ECF No.13 ). Under Rule 15(a)(1)(B), Fed. R. Civ. P., a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, the Court finds that a pre-motion conference is not necessary at this time and waives the pre-motion conference requirement. The parties shall comply with the following briefing schedule: Defendant shall serve any motion to dismiss the Complaint by December 23, 2024 . Plaintiff shall file any amended complaint no later than January 16, 2025 . It is unlikely that Plaintiff will have a further opportunity to amend. Defendant shall file any letter requesting a pre-motion conference concerning an anticipated motion to dismiss the amended complaint by January 30, 2025 . If Plaintiff does not file an amended complaint, Plaintiff shall serve on Defendant any opposition to the motion to dismiss by January 16, 2025 . Defendant shall serve any reply to the motion to dismiss by January 30, 2025 . The parties are directed to consult and comply with the Court's Individual Rules, including the Court's recommended bundling practice. See Individual Rule 5.2. Consequently, all briefing shall be filed with the Court no later than January 30, 2025 . Ordered by Judge Nusrat J. Choudhury on 12/2/2024. (NB) |
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| Tuesday, November 05, 2024 | ||
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utility
Case Assigned/Reassigned Case Referred to Magistrate Judge
Tue 11/05 8:36 AM
Case Reassigned to Judge Nusrat Jahan Choudhury and Magistrate Judge Steven Tiscione. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) |
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| Monday, November 04, 2024 | ||
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Mon 11/04 5:12 PM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (LV) |
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| Friday, September 27, 2024 | ||
| 15 | 15
minutes
Initial Conference Hearing ~Util - Set Hearings
Fri 09/27 6:34 PM
Minute Entry for Initial Conference Hearing held on 9/27/2024 before Magistrate Judge Steven Tiscione: Mermigis for Plaintiff; Griffith for Defendants. The Court sets the following discovery deadlines: Deadline for completion of Rule 26(a) initial disclosures - 10/22/24; Completion of Phase I discovery - 11/22/24; An in-person settlement conference will be held on December 6, 2024 at 11:00 a.m. Parties are to submit their respective settlement positions via ex parte electronic filing no later than December 3, 2024. A motion to file ex parte is not required. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. Unless the parties file the consent form by October 27, 2024, this case will be transferred to a District Court Judge in accordance with the Direct Assignment Pilot Program. (Not Recorded.) (LV) |
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| Thursday, September 26, 2024 | ||
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order
Order on Motion to Adjourn Conference
Thu 09/26 8:59 AM
ORDER granting14 Motion to Adjourn Conference. The initial conference scheduled for 12:30 p.m. on September 27th will instead begin at 2:00 p.m. on the same date. Counsel shall use the same dial-in information previously provided. So Ordered by Magistrate Judge Steven Tiscione on 9/26/2024. (LV) |
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| Wednesday, September 25, 2024 | ||
| 14 | 14
motion
Adjourn Conference
Wed 09/25 1:56 PM
MOTION to Adjourn Conference to a later time on 9/27 or another date by North Shore Radiation Therapy, Northwell Health, Inc.. (Griffith, Lisa) |
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| Monday, September 23, 2024 | ||
| 13 | 13
motion
Dismiss for Failure to State a Claim
Mon 09/23 3:26 PM
Letter MOTION to Dismiss for Failure to State a Claim Requesting Pre-Motion Conference by North Shore Radiation Therapy, Northwell Health, Inc.. (Griffith, Lisa) |
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order
1 - Terminate Hearings ~Util - Set Hearings
Mon 09/23 8:46 AM
Due to an urgent matter, the Court is rescheduling the initial conference scheduled for September 24th to 12:30 p.m. on September 27, 2024 by phone. Counsel shall use the same dial-in information previously provided. So Ordered by Magistrate Judge Steven Tiscione on 9/23/2024. (LV) |
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| Friday, September 20, 2024 | ||
| 12 | 12
misc
Proposed Scheduling Order
Fri 09/20 2:14 PM
Proposed Scheduling Order by North Shore Radiation Therapy, Northwell Health, Inc. (Jacobs, Danielle) |
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| Wednesday, September 18, 2024 | ||
| 11 | 11
notice
Notice of Appearance
Wed 09/18 2:29 PM
NOTICE of Appearance by Danielle Lauren Jacobs on behalf of North Shore Radiation Therapy, Northwell Health, Inc. (aty to be noticed) (Jacobs, Danielle) |
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| Monday, August 26, 2024 | ||
| 10 | 10
motion
Adjourn Conference
Mon 08/26 11:31 AM
Consent MOTION to Adjourn Conference by North Shore Radiation Therapy, Northwell Health, Inc.. (Griffith, Lisa) |
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| 9 | 9
notice
Notice of Appearance
Mon 08/26 11:08 AM
NOTICE of Appearance by Lisa Marie Griffith on behalf of North Shore Radiation Therapy, Northwell Health, Inc. (aty to be noticed) (Griffith, Lisa) |
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order
Order on Motion to Adjourn Conference
Mon 08/26 3:51 PM
ORDER granting10 Motion to Adjourn Conference. The initial conference scheduled for August 28th will instead be held at 10:00 a.m. on September 24, 2024 by phone. Counsel shall use the same dial-in information previously provided. The completed discovery plan worksheet is to be submitted by September 20th. So Ordered by Magistrate Judge Steven Tiscione on 8/26/2024. (LV) |
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| Sunday, August 11, 2024 | ||
| 8 | 8
service
Waiver of Service Executed
Sun 08/11 12:59 PM
WAIVER OF SERVICE Returned Executed by Sarah Fiore. North Shore Radiation Therapy waiver sent on 7/24/2024, answer due 9/23/2024; Northwell Health, Inc. waiver sent on 7/24/2024, answer due 9/23/2024. (Mermigis, James) |
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| Wednesday, July 17, 2024 | ||
| 7 | 7
order
Scheduling Order
Wed 07/17 8:29 AM
SCHEDULING ORDER: This case has been assigned to the undersigned Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. https://img.nyed.uscourts.gov/files/general-ordes/AdminOrder2023-23.pdf. The Administrative Order answers to Frequently Asked Questions about the Pilot Program. An initial conference will be held at 10:00 a.m. on August 28, 2024 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial in number 571-353-2301 with ID # 179933855. The attached Discovery Plan Worksheet is to be completed by counsel and electronically filed with the Court by August 26th. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 7/17/2024. (LV) |
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| Tuesday, April 30, 2024 | ||
| 6 | 6
service
Summons Issued
Tue 04/30 8:46 AM
Summons Issued as to All Defendants. (LJ) |
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| 5 | 5
notice
Notice of Opportunity to Consent
Tue 04/30 8:40 AM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (LJ) |
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| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Tue 04/30 8:36 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
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utility
Case Assigned/Reassigned
Tue 04/30 8:39 AM
Case Assigned to Magistrate Judge Steven Tiscione. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) |
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| Monday, April 29, 2024 | ||
| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Mon 04/29 8:42 PM
Proposed Summons. by Sarah Fiore (Mermigis, James) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Mon 04/29 8:32 PM
Civil Cover Sheet.. by Sarah Fiore (Mermigis, James) |
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notice
Notice: Re: Incomplete Civil Cover Sheet
Mon 04/29 8:58 AM
***Notice: Re: Civil Cover Sheet. A Civil Cover Sheet was not filed; the Clerk's Office cannot assign this case without a Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) |
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| Sunday, April 28, 2024 | ||
| 1 | 1
cmp
Complaint
Sun 04/28 10:02 PM
COMPLAINT Sarah Fiore against North Shore Radiation Therapy, Northwell Health, Inc. filing fee $ 405, receipt number ANYEDC-17815416 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Sarah Fiore. (Mermigis, James) |
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Att: 1
Exhibit Plaintiff's Request for a Medical Exemption,
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Att: 2
Exhibit Denial of Medical Accommodation,
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Att: 3
Exhibit Additional Letter from Dr. Gee,
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Att: 4
Exhibit Letter from Dr. Mund,
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Att: 5
Exhibit Notice of Your Right to Sue
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