Case details

Court: nysd
Docket #: 1:07-cv-03246
Case Name: Rivera v. Smith et al
PACER case #: 304691
Date filed: 2007-04-23
Date terminated: 2009-01-30
Date of last filing: 2010-10-27

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-04-23 1 0 Complaint COMPLAINT against Ruth E. Smith, Jess A. Bunshaft, Saint Vincent's Hospital. (Filing Fee $ 350.00, Receipt Number 613030)Document filed by Roberto Rivera.(tro)
2007-05-16 2 0 Amended Complaint AMENDED COMPLAINT amending [1] Complaint against Ruth E. Smith, Jess A. Bunshaft, Saint Vincent's Hospital.Document filed by Roberto Rivera. Related document: [1] Complaint filed by Roberto Rivera.(jco)
2007-06-08 3 0 Notice of Appearance FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF APPEARANCE by Stacy Blair Fischgrund on behalf of Ruth E. Smith, Jess A. Bunshaft, Saint Vincent's Hospital (Fischgrund, Stacy) Modified on 7/10/2007 (lb). 2009-08-07 03:18:55 4ea93b5b057ee5bd2e2b3c0617e0fef6a991ed48
2007-06-08 4 0 Rule 7.1 Corporate Disclosure Statement FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ruth E. Smith, Jess A. Bunshaft, Saint Vincent's Hospital.(Fischgrund, Stacy) Modified on 7/10/2007 (lb). 2009-08-07 03:18:15 d07101834a41648fb1296a4314d9868dbd3a12af
2007-06-11 5 0 Summons Returned Executed SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. Ruth E. Smith served on 5/22/2007, answer due 6/11/2007. Service was accepted by Ms. Christine, Co-worker. Document filed by Roberto Rivera. (djc)
2007-06-11 6 0 Summons Returned Executed SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. Jess A. Bunshaft served on 5/29/2007, answer due 6/18/2007. Service was accepted by affixing to door on 5/19/07 at 2:20 p.m.; 5/22/07 at 7:41 p.m. and on 5/29/07 at 9:55 a.m. Document filed by Roberto Rivera. (djc)
2007-06-11 7 0 Summons Returned Executed SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. Saint Vincent's Hospital served on 5/22/2007, answer due 6/11/2007. Service was accepted by Ms.Christine; also mailed copy of same to defendant on 5/23/07. Document filed by Roberto Rivera. (djc)
2007-06-18 8 0 Endorsed Letter ENDORSED LETTER addressed to Judge Barbara S. Jones from Stacy B. Fischgrund dated 6/8/07 re: Defendants counsel respectfully requests an extension of time to respond to Plaintiff's complaint from June 11, 2007 until August 17, 2007. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Barbara S. Jones on 6/11/07) Copies Mailed By Chambers.(tro)
2007-07-13 9 0 Order Referring Case to Magistrate Judge 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 (including scheduling, discovery, non-dispostive pretrial motions, and settlement). Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Barbara S. Jones on 7/2/2007) (jmi) 2009-08-07 03:19:15 8b9af81fabc13315807a7329b08b7328b70d74e9
2007-07-19 10 0 Order for Initial Pretrial Conference ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: IT IS HEREBY ORDERED that an Initial Conference is scheduled for 7/25/2007 at 10:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. (Signed by Judge Andrew J. Peck on 7/17/07) Copies Mailed By Chambers.(tro) Modified on 7/24/2007
2007-07-27 11 0 Order RULE 16 INITIAL PRETRIAL CONFERENCE ORDER: All Fact and Expert Discovery due by 12/31/2007. Summary Judgment Motions due by 1/22/2008. Joint Proposed Pretrial Order due by 1/22/2008 (if no motion for summary judgment is filed/if motion IS filed, then deadline is set for 30 days after the motion is decided). The case will be considered trial ready on 24-hours notice after the pretrial order has been submitted. Initial Disclosures pursuant to Rule 26(a)(1) of the FRCP due by 8/17/2007. A Status Conference is set for 9/5/2007 at 09:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. All other details are as further set forth in said Order. (Signed by Judge Andrew J. Peck on 7/25/07) Copies Faxed by Chambers.(db) Modified on 8/9/2007 (Boneta, Dennis).
2007-08-13 12 0 Transcript TRANSCRIPT of proceedings held on 7/25/07 before Judge Andrew J. Peck. (jbe)
2007-08-13 13 0 Motion to Amend/Correct MOTION to Amend the [2] Amended Complaint. Document filed by Roberto Rivera.Return Date set for 9/4/2007 at 10:00 AM.(jar)
2007-08-16 14 0 Memo Endorsement MEMO ENDORSEMENT on a letter sent by Stacy B. Fishgrund On consent, plaintiff's on re: [13] MOTION to Amend/Correct [2] Amended Complaint; is GRANTED. Plaintiff is to serve and file the second Amended Complaint.filed by Roberto Rivera. (Signed by Judge Andrew J. Peck on 8/15/2007) Copies By Fax.(jmi)
2007-08-17 15 0 Motion to Dismiss MOTION for an order pursuant to Rule 12(b)(6) of the F.R.C.P. to Dismiss the second amended complaint. Document filed by Ruth E. Smith, Jess A. Bunshaft, Saint Vincent's Hospital.(pl)
2007-08-21 16 0 Order ORDER: the Court grants defendants' request to stay discovery pending the resolution of their motion to dismiss. Additionally, the Clerk of the Court is directed to close the referral to Magistrate Judge Peck. (Signed by Judge Barbara S. Jones on 8/21/07) (kco) 2009-08-07 03:18:44 5f93d4de651cb0bd921179b252e89a71bfdf3f31
2007-08-23 17 0 Amended Complaint Second AMENDED COMPLAINT amending [2] Amended Complaint against Ruth E. Smith, Jess A. Bunshaft, Saint Vincent's Hospital.Document filed by Roberto Rivera. Related document: [2] Amended Complaint filed by Roberto Rivera.(dle) Modified on 8/27/2007 (Lewis, Diahan).
2007-08-27 18 0 Endorsed Letter ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Roberto Rivera dated 8/22/07 re: plaintiff requests an extension of time to respond to defendants motion to dismiss until 9/14/07; and defendants reply extended to 9/28/07. ENDORSEMENT: Application GRANTED. Set Deadlines/Hearing as to [15] MOTION to Dismiss: Responses due by 9/14/2007; Replies due by 9/28/2007. (Signed by Judge Barbara S. Jones on 8/27/07) (db) 2009-08-07 03:19:03 8a0f69119e69069c43446b1b550ca87292689efc
2007-08-30 19 0 Motion to Compel MOTION to Compel disclosure of Documents Antecedent to FRCP Rule 16(b) Conference. Document filed by Roberto Rivera.(djc)
2007-08-30 20 0 Motion to Compel MOTION to Compel Disclosure of documents Antecedent to FRCP 16(b) Conference. Document filed by Roberto Rivera. Attached is Affidavit in Support.(djc)
2007-09-10 21 0 Order on Motion to Compel ORDER denying [19] Motion to Compel; denying [20] Motion to Compel. However, as this Court has stayed discovery, pending resolution of the Defendants' motion to dismiss, Plaintiff's motion is denied and Defendants need not respond. (Signed by Judge Barbara S. Jones on 9/4/07) (tro) Copies Mailed By Chambers.
2007-09-14 22 0 Affirmation in Opposition to Motion AFFIRMATION of Roberto Rivera in Opposition re: [15] MOTION to Dismiss. (djc)
2007-09-14 23 0 Motion for Reconsideration MOTION for Reconsideration of Moton to compel Disclosure (Expedited Disclosure). Attached is Affirmation in support. Document filed by Roberto Rivera.(djc)
2007-09-28 24 0 Reply Affirmation in Support REPLY AFFIRMATION in Further Support re: [15] MOTION to Dismiss. Document filed by Ruth E. Smith, Jess A. Bunshaft, Saint Vincent's Hospital. (pl)
2008-01-24 25 0 Order on Motion to Dismiss ORDER granting in part and denying in part [15] Motion to Dismiss. The motion by Defendants for dismissal for failure to state a claim is GRANTED for Counts II, III, IV, and V. The motion by Defendants for failure to state a claim is DENIED for Counts I, II, VI, and VII. The parties are remainded that this case has been referred to Magistrate Judge Peck for general pre-trial purposes. So Ordered. (Signed by Judge Barbara S. Jones on 1/17/08) (jco) 2009-08-07 03:18:47 e6b7b833b4d6c5b9e5004ee9fcca7ac508216c56
2008-01-25 26 0 Notice of Appearance NOTICE OF APPEARANCE by Nancy V. Wright on behalf of Ruth E. Smith, Jess A. Bunshaft, Saint Vincent's Hospital (Wright, Nancy) 2009-08-07 03:18:35 5f71e60ae15606336b3f779863f8d94d976828e0
2008-01-28 27 0 Stipulation and Order STIPULATION AND ORDER: that the time for the defendant to answer plaintiff's Second Amended Complaint is extended to 2/18/08. ENDORSEMENT: Application Granted. (Signed by Judge Barbara S. Jones on 1/24/08) Copies faxed by chambers. (dle) Modified on 1/28/2008 (dle).
2008-02-15 28 0 Answer to Amended Complaint ANSWER to Amended Complaint. Document filed by Ruth E. Smith, Jess A. Bunshaft, Saint Vincent's Hospital. Related document: [17] Amended Complaint, filed by Roberto Rivera.(Wright, Nancy) 2009-08-07 03:18:04 eac6a35f8ba760ed2845565ed9d061e102cdffca
2008-02-26 29 0 Order for Initial Pretrial Conference ORDER SCHEDULING AND INITIAL PRETRIAL CONFERENCE: It is hereby ordered that a conference is scheduled for Wednesday, March 5, 2008 at 2:00 p.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. Counsel are advised that my Chambers (Room 1370, 500 Pearl Street) are to be provided with courtesy copy of all papers hereafter filed with the Court. The parties are to follow the "Individual Practices of Magistrate Judge Andrew J. Peck", a copy of which is attached. (Signed by Magistrate Judge Andrew J. Peck on 2/26/2008) Copies Faxed By Chambers.(jpo) 2009-08-07 03:18:00 a24397d6135bfb88aac7e8717b9a12a98cce2f43
2008-03-05 30 0 Order RULE 16 PRETRIAL CONFERENCE ORDER: Rule 26(a)(1) Initial Disclosures due by 3/12/2008. A Status Conference is set for 3/27/2008 at 09:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. All Fact and Expert Discovery due by 7/3/2008. Summary Judgment Motions due by 7/25/2008. A Joint Proposed Pretrial Order due by 7/25/2008. (Signed by Magistrate Judge Andrew J. Peck on 3/5/08) Copies Faxed by Chambers.(db) 2009-08-07 03:18:32 30b1ee6a8f3927ff13c945ee596c401c493f3e5c
2008-03-07 31 0 Endorsed Letter ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Nancy V. Wright dated 3/6/2008 re: Writing about an issue that arose with plaintiff immediately after our Rule 16 Pre-Trial conference. ENDORSEMENT: Dr. Rivera and defense counsel are to try to agree on the dates for depositions, or present any disputes as to deposition scheduling to the Court. No party shall schedule a deposition without first conferring with the opposing party as to the date. If the parties do not cooperate the Court will issue monetary and/or other sanction on any party and/or counsel. Try to get along- things go more smoothly that way. (Signed by Magistrate Judge Andrew J. Peck on 3/7/2008) Copies Mailed By Chambers.(jpo) 2009-08-07 03:18:27 ca9b8afa784e048e0dda2fafd088d4c6c19605ce
2008-03-17 32 0 Transcript TRANSCRIPT of proceedings held on 3/5/2008 before Magistrate Judge Andrew J. Peck. (jp)
2008-04-07 33 0 Transcript TRANSCRIPT of proceedings held on 3/05/2008 before Magistrate Judge Andrew J. Peck. (ama)
2008-04-10 34 0 Endorsed Letter ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Roberto Rivera dated 4/9/08 re: Plaintiff wishes to make an expedited discovery request for three documents that are needed and that are in the custody, control, and possession of the defendants, in particular, St. Vincent's Catholic Medical Centers. ENDORSEMENT: Defendant is to produce the 2 patient charts on receipt of their identification by Dr. Rivera (and the third chart if defendant is able to identify the patient), and produce the charts in redacted form as follows: only produce any statements from Dr. Rivera about Ms. Dirks contained in the charts, redacting all other information including the patient's name, any medical information about the patient (except as contained in Dr. Rivera's complaints about Ms. Dirks). (Signed by Magistrate Judge Andrew J. Peck on 4/10/08) (djc) Modified on 4/10/2008 (djc). 2009-08-07 03:18:52 dd92eb925bf7710bec51ab35adc284f5231089a0
2008-04-09 35 0 Letter LETTER addressed to Magistrate Judge Andrew J. Peck from Roberto Rivera dated 4/6/08 re: discovery status conference. Document filed by Roberto Rivera.(dle)
2008-04-14 36 0 Transcript TRANSCRIPT of proceedings held on 3/27/2008 before Magistrate Judge Andrew J. Peck. (ama)
2008-04-14 37 0 Endorsed Letter ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Nancy V. Wright dated 4/21/2008 re: Requesting that plaintiffs request for patient chats be denied in its entirety. ENDORSEMENT: The Court is inclined to deny Dr. Rivera's request, but to give him the benefit of the doubt, he is to identify to defense counsel the 2 patient names, and defense counsel is to bring those charts to the next court conf. for the Court's in camera review. (Signed by Magistrate Judge Andrew J. Peck on 4/14/2008) Copies Mailed By Chambers.(jpo) 2009-08-07 03:18:25 e63a6d20b4957ef12bb89830a00af4c0efa33697
2008-04-25 38 0 Transcript TRANSCRIPT of proceedings held on 4/8/08 before Magistrate Judge Andrew J. Peck. (jw)
2008-05-12 39 0 Motion for Reconsideration MOTION for Reconsideration of Magistrate Judge's Ruling on Certain discovery Requests Made by plaintiff. Attached is Affirmation in Support. Document filed by Roberto Rivera.(djc)
2008-05-19 40 0 Transcript TRANSCRIPT of proceedings held on 5/02/2008 before Magistrate Judge Andrew J. Peck. (ama)
2008-05-19 41 0 Transcript TRANSCRIPT of proceedings held on 5/02/2008 before Magistrate Judge Andrew J. Peck. (ama)
2008-05-23 42 0 Affirmation in Support of Motion REPLY AFFIRMATION of Roberto Rivera in further Support re: [39] MOTION for Reconsideration. Document filed by Roberto Rivera. (dle)
2008-06-11 43 0 Transcript TRANSCRIPT of proceedings held on 6/03/08 before Magistrate Judge Andrew J. Peck. (ama)
2008-06-18 44 0 Transcript TRANSCRIPT of proceedings held on 6/03/08 before Magistrate Judge Andrew J. Peck. (ama)
2008-06-30 45 0 Order ORDER: For the reasons set forth within it is clear from the record that Judge peck thoroughly and thoughtfully analyzed Plaintiff's discovery request and articulated his reasons for denying those request. Plaintiff has raised essentially the same arguments before this Court as he did before Judge Peck and has not proffered any additional evidence or grounds which demonstrate that Judge Peck's decision was erroneous or contrary to Law. Accordingly, the Magistrate Judge Peck's May 2, 2008 Order is affirmed. (Signed by Judge Barbara S. Jones on 6/27/2008) (jfe) 2009-08-07 03:19:18 7c9c6a8b486b649875e983c246747c1c51037844
2008-06-30 46 0 Endorsed Letter ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Nancy V. Wright dated 6/27/08 Counsel requests that plaintiff be directed to turn over the relevant communication forthwith. ENDORSEMENT: Plaintiff was already so ordered and cited for contempt. Make your motion along with Sj motion unless he first complies. (Signed by Magistrate Judge Andrew J. Peck on 6/30/08) Copies Mailed By Chambers.(mme) 2009-08-07 03:17:49 26ff27516dd9861067c9f9182bc8f74c057fbb07
2008-07-07 47 0 Transcript TRANSCRIPT of proceedings held on 6/26/08 before Magistrate Judge Andrew J. Peck. (ama)
2008-07-07 48 0 Motion for Reconsideration MOTION for reconsideration of Magistrate Judge's rulings on certain discovery issues and reconsideration of citation for contempt against plaintiff. Document filed by Roberto Rivera.(dle)
2008-07-14 49 0 Endorsed Letter ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Nancy V. Wright dated 7/9/2008 re: We therefore propose the following briefing schedule: Defendants' summary judgment motion is to be served and filed by August 8, 2008. Plaintiffs opposition papers are to be served and filed by August 29, 2008. Defendants' reply papers are to be served and filed by September 12, 2008. ENDORSEMENT: Approved. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 7/14/2008) Copies Mailed By Chambers.(jpo) 2009-08-07 03:18:12 cf53a956d4c03bda5fcce790d1365614d8946535
2008-07-16 50 0 Endorsed Letter ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Nancy V. Wright dated 7/15/2008 re: Requesting that plaintiffs motion for reconsideration be denied in its entirety. ENDORSEMENT: Dr. Rivera's motion for reconsideration is DENIED. The Court adheres to its original ruling and citation for contempt. (Signed by Magistrate Judge Andrew J. Peck on 7/16/2008) Copies Mailed By Chambers.(jpo) 2009-08-07 03:19:06 b1366020deb93800363d902878d50c88bd60b97e
2008-07-14 51 0 Letter LETTER addressed to Magistrate Judge Andrew J. Peck from Nancy V.Wright dated 7/9/08 re: counsel renews defendants' oral request made during one of their status conferences, for an extension of time to move for summary judgment. Document filed by Ruth E. Smith, Jess A. Bunshaft, Saint Vincent's Hospital.(djc)
2008-08-08 52 0 Notice (Other) NOTICE of Local Civil Rule 56.2 Notice to Pro Se Litigant who Opposes a Motion for Summary Judgment. Document filed by Ruth E. Smith, Jess A. Bunshaft, Saint Vincent's Hospital. (djc)
2008-08-08 53 0 Motion for Summary Judgment MOTION for Summary Judgment., MOTION for Sanctions. Attacherd is Local Rule 56.1 Statement Document filed by Ruth E. Smith, Jess A. Bunshaft, Saint Vincent's Hospital.(djc)
2008-08-08 54 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: [53] MOTION for Summary Judgment. MOTION for Sanctions. Document filed by Ruth E. Smith, Jess A. Bunshaft, Saint Vincent's Hospital. (djc)
2008-08-15 55 0 Motion for Preliminary Injunction MOTION for issuance of a preliminary injunction against the medical staff and medical board of St. Vincent's Catholic Medical Centers. Document filed by Roberto Rivera.(dle)
2008-09-02 56 0 Endorsed Letter ENDORSED LETTER addressed to Judge Barbara S. Jones from Roberto Rivera dated 8/27/08 re: Counsel requests that the court accept the proposed deadlines as follows: New deadline for submission of opposition to summary judgment motion papers: Friday, September 5, 2008; New deadline for submissions of reply to opposition to summary judgment motion papers: Friday, September 19, 2008. ENDORSEMENT: Application granted., Set Deadlines/Hearing as to [53] MOTION for Summary Judgment. MOTION for Sanctions. :( Responses due by 9/5/2008, Replies due by 9/19/2008.) (Signed by Judge Barbara S. Jones on 9/2/08) (mme) 2009-08-07 03:18:39 5cfc72c02df644cfdf3a8def4bac603d4cc74a90
2008-09-09 57 0 Endorsed Letter ENDORSED LETTER addressed to Judge Barbara S. Jones from Nancy Wright dated 9/8/08 re: Request that the return date be adjourned to 9/19/08 at 10:00 am. ENDORSEMENT: Application granted. Set Deadlines/Hearing as to [55] MOTION for Preliminary Injunction. ( Motion Hearing set for 9/19/2008 at 10:00 AM before Judge Barbara S. Jones.) (Signed by Judge Barbara S. Jones on 9/9/08) (cd) 2009-08-07 03:18:21 8bb3ea79400facdc504a904595af1192ad2b8836
2008-09-12 58 0 Order ORDER: The Court is in receipt of Defendants' letter dated September 10, 2008 requesting an adjournment of the deadline for submission of Defendants' reply brief from September 12, 2008 to October 6, 2008. Defendant's request is hereby GRANTED; Defendants' reply will now be due on or before October 6, 2008. So Ordered (Signed by Judge Barbara S. Jones on 9/11/08) (js) 2009-08-07 03:17:54 22273d678fe7d30bfc30b2ec18c0337ec839e1eb
2008-09-05 59 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: [53] MOTION for Summary Judgment, MOTION for Sanctions. Document filed by Roberto Rivera. (jmi)
2008-09-17 60 0 Order ORDER: The Court is in receipt of Defendants' letter dated September 17, 2008 requesting an adjournment of the hearing date for Plaintiff's preliminary injunction from September 19, 2008 to October 6, 2008. Defendants' request is hereby granted. The hearing is now set for October 6, 2008 at 2 o'clock p.m. (Signed by Judge Barbara S. Jones on 9/17/2008) (jpo) 2009-08-07 03:17:52 eb756f053182c6bc4a555da4bb7f4bc2162eae60
2008-10-06 61 0 Reply Memorandum of Law in Support of Motion
2008-10-06 62 0 Response to Motion
2008-10-08 63 0 Notice of Appearance
2008-10-06 64 0 Status Conference
2008-10-08 65 0 Notice of Appearance
2008-10-10 66 0 Declaration in Opposition
2008-10-20 67 0 Reply Affirmation in Support of Motion
2008-10-23 68 0 Transcript
2009-01-20 69 0 Memorandum & Opinion
2009-01-28 70 0 Notice of Appeal
2009-01-30 71 0 Clerk's Judgment
2009-02-02 72 0 Appeal Record Sent to USCA - Index
2008-10-10 73 0 Memorandum of Law in Opposition
2010-02-03 74 0 Notice of Change of Address
2010-02-03 75 0 Notice of Change of Address
2010-09-15 76 0 USCA Mandate