Mozeb v. Bay Ridge Orthopedic Associates, P.C. et al
| New York Eastern District Court | |
| Judge: | Carol Bagley Amon |
| Referred: | Robert M Levy |
| Case #: | 1:14-cv-02957 |
| Nature of Suit | 443 Civil Rights - Housing/Accommodations |
| Cause | 28:1331 Federal Question: Other Civil Rights |
| Case Filed: | May 09, 2014 |
| Terminated: | Aug 18, 2016 |
| Last checked: Monday Dec 15, 2014 8:48 PM EST |
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Cross Claimant
Dr. Howard Baum
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Represented By
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Cross Claimant
Bay RidgeOrthopedic Associates, P.C.
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Represented By
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Cross Defendant
Dr. Michael Clobasista
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Represented By
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Defendant
Dr. Howard Baum
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Represented By
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Defendant
Bay RidgeOrthopedic Associates, P.C.
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Represented By
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Defendant
Dr. Michael Clobasista
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Represented By
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Defendant
John Doe
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Plaintiff
Saleh Mozeb
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Represented By
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| Docket last updated: 04/22/2025 11:59 PM EDT |
| Thursday, August 18, 2016 | ||
| 33 | 33
order
Judgment - Clerk
Thu 08/18 3:33 PM
CLERK'S JUDGMENT directing that Bay Ridge Orthopedic Associates, P.C., and Dr. Michael Clobasistas motions for summary judgment is granted on Plaintiffs § 1981 claims;that the Court declines to exercise supplemental jurisdiction over Plaintiffs state and city law claims; that Bay Ridge Orthopedic Associates, P.C.s motion for sanctions is denied; and that the case is closed.. Ordered by Janet Hamilton, Deputy Clerk of Court on 8/18/2016. (Fernandez, Erica) |
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| Wednesday, August 17, 2016 | ||
| 32 | 32
order
Order on Motion for Summary Judgment
Wed 08/17 11:46 AM
MEMORANDUM AND ORDER: For these reasons, the Court grants Bay Ridge and Clobasista's motions for summary judgment on Mozeb's § 1981 claim and declines to exercise supplemental jurisdiction over Mozeb's state and city law claims. The Court denies Bay Ridge's motion for sanctions. The Clerk of Court is directed to enter judgment accordingly and close the case. Ordered by Judge Carol Bagley Amon on 8/16/2016. (fwd for judgment) (Fernandez, Erica) |
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| Friday, May 20, 2016 | ||
| 31 | 31
motion
Withdraw as Attorney
Fri 05/20 12:46 PM
MOTION to Withdraw as Attorney by Michael Clobasista. (Burns, Sean) |
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order
Order on Motion to Withdraw as Attorney
Fri 05/20 5:44 PM
ORDER granting31 Motion to Withdraw as Attorney. Attorney Paul J Rutigliano terminated. Ordered by Magistrate Judge Robert M. Levy on 5/20/2016. (Levy, Robert) |
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| Tuesday, January 26, 2016 | ||
| 30 | 30
misc
Letter
Tue 01/26 9:18 AM
Letter Supplement to Oppositions to Summary Judgment Dismissal Motions by Saleh Mozeb (De Toffol, David) |
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| Friday, January 22, 2016 | ||
| 29 | 29
motion
Leave to File Document
Mon 01/25 3:47 PM
Letter MOTION on Interference with the Right to Contract by Saleh Mozeb. (Fernandez, Erica) |
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| 28 | 28
misc
Letter
Fri 01/22 10:32 PM
Letter letter brief for consideration by the Court and in further support of defendants motion for summary judgment by Bay RidgeOrthopedic Associates, P.C. (Capobianco, Steven) |
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| 27 | 27
motion
Amend/Correct/Supplement
Fri 01/22 3:27 PM
Letter MOTION to Amend/Correct/Supplement25 First MOTION for Summary Judgment Ordered by Judge by Michael Clobasista. (Rutigliano, Paul) |
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| Friday, January 08, 2016 | ||
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minutes
Motion Hearing
Fri 01/08 5:29 PM
Minute Entry for oral argument on20 and25 defendants' motions for summary judgment held before Chief Judge Carol Bagley Amon on January 8, 2016. Appearances: For plaintiff - David DeToffol. For defendant Bay Ridge - Steven C. Capobianco. For defendant Clobasista - Sean T. Burns. Settlement discussions held. The parties were directed to further confer on the matter of settlement. The parties were also directed to file letters addressing the third prong of plaintiff's federal claim by January 22, 2016. Decisions on the motions are reserved. (Court Reporter Lisa Schwam) (Day Allison) (Day, Allison) |
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| Tuesday, December 08, 2015 | ||
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utility
Set Motion and R&R Deadlines/Hearings
Tue 12/08 5:03 PM
RESCHEDULING NOTICE: Oral argument on defendants' motions for summary judgment, currently set for December 17, 2015, is rescheduled to January 8, 2016, at 2:00 p.m. in Courtroom 10D South before Chief Judge Carol Bagley Amon. (Day, Allison) |
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| Friday, November 13, 2015 | ||
| 26 | 26
respm
Response in Opposition to Motion
Fri 11/13 6:21 PM
RESPONSE in Opposition re25 First MOTION for Summary Judgment memorandum in support filed by Howard Baum, Bay RidgeOrthopedic Associates, P.C.. (Capobianco, Steven) |
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| Thursday, November 12, 2015 | ||
| 25 | 25
motion
Summary Judgment
Thu 11/12 3:56 PM
First MOTION for Summary Judgment by Michael Clobasista. (Rutigliano, Paul) |
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Att: 1
Notice of Motion,
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Att: 2
Certificate of Service Certificate of STB,
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Att: 3
Exhibit A,
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Att: 4
Exhibit B,
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Att: 5
Exhibit C,
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Att: 6
Exhibit D,
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Att: 7
Exhibit E,
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Att: 8
Exhibit F,
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Att: 9
Statement of Undisputed Facts,
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Att: 10
Memorandum in Support,
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Att: 11
Memorandum in Opposition Plaintiff's Opposition,
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Att: 12
Reply in Further Support
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| Wednesday, November 04, 2015 | ||
| 24 | 24
motion
Extension of Time to File Response/Reply
Wed 11/04 3:58 PM
Letter MOTION for Extension of Time to File Response/Reply brief to Defendants' Motion for summary judgment by Michael Clobasista. (Rutigliano, Paul) |
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 11/04 7:58 PM
ORDER re24 Motion for Extension of Time to File Response/Reply, on consent. APPLICATION GRANTED. On consent of the parties, defendants' reply is due November 13, 2015. So Ordered by Chief Judge Carol Bagley Amon on November 4, 2015. (Day, Allison) |
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| Friday, October 30, 2015 | ||
| 23 | 23
23
pgs
respoth
Memorandum in Opposition
Fri 10/30 11:28 AM
MEMORANDUM in Opposition to Defendant Clobasista's Letter with Motion for Summary Judgment (Doc 18) filed by Saleh Mozeb. (De Toffol, David) |
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Att: 1
Affidavit in Support Affirmation in Support
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| 22 | 22
24
pgs
respoth
Memorandum in Opposition
Fri 10/30 11:23 AM
MEMORANDUM in Opposition re20 First MOTION for Summary Judgment filed by Saleh Mozeb. (De Toffol, David) |
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Att: 1
Affidavit in Support Affirmation in Support
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| Friday, October 23, 2015 | ||
| 21 | 21
motion
Extension of Time to File Document
Fri 10/23 4:44 PM
MOTION for Extension of Time to File Opposition and Reply on Consent by Saleh Mozeb. (De Toffol, David) |
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order
Order on Motion for Extension of Time to File
Fri 10/23 6:08 PM
ORDER re21 Motion for Extension of Time to File Opposition and Reply, on consent. APPLICATION GRANTED. On consent of the parties, plaintiff's opposition is due October 30, 2015, and defendants' reply is due November 6, 2015. Oral argument on defendants' motion for summary judgment, currently set for November 12, 2015, is rescheduled to December 17, 2015 at 10:30 a.m. in Courtroom 10D South before Chief Judge Carol Bagley Amon. So Ordered by Chief Judge Carol Bagley Amon on October 23, 2015. (Day, Allison) |
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| Friday, October 09, 2015 | ||
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order
Pretrial Order
Fri 10/09 7:42 PM
ORDER The conference scheduled for 10/15/15 is adjourned pending resolution of the summary judgment motion before Judge Amon. Ordered by Magistrate Judge Robert M. Levy on 10/9/2015. (Levy, Robert) |
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| Friday, September 25, 2015 | ||
| 20 | 20
motion
Summary Judgment
Fri 09/25 11:08 PM
First MOTION for Summary Judgment by Howard Baum, Bay RidgeOrthopedic Associates, P.C.. Responses due by 10/23/2015 (Capobianco, Steven) |
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Att: 1
Memorandum in Support,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit,
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Att: 5
Exhibit,
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Att: 6
Exhibit,
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Att: 7
Exhibit,
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Att: 8
Affidavit
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| 19 | 19
misc
Letter
Fri 09/25 10:55 PM
Letter regarding summary judgment motion by Howard Baum, Bay RidgeOrthopedic Associates, P.C. (Capobianco, Steven) |
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| 18 | 18
misc
Letter
Fri 09/25 2:33 PM
Letter with motion to all parties by Michael Clobasista (Burns, Sean) |
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| Tuesday, September 08, 2015 | ||
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order
Order on Motion for Extension of Time to File
Tue 09/08 4:02 PM
ORDER granting17 Motion for Extension of Time to File, on consent. APPLICATION GRANTED. On consent of the parties, defendants' motion is due September 25, 2015; plaintiff's opposition is due October 23, 2015; and defendants' reply, if any, is due November 4, 2015. So Ordered by Chief Judge Carol Bagley Amon on September 8, 2015. (Day, Allison) |
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| Friday, September 04, 2015 | ||
| 17 | 17
motion
Extension of Time to File Document
Fri 09/04 1:08 PM
Letter MOTION for Extension of Time to File dispositive motion by Michael Clobasista. (Burns, Sean) |
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| Friday, August 14, 2015 | ||
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minutes
Pre Motion Conference
Fri 08/14 5:13 PM
Minute Entry for pre-motion conference held before Chief Judge Carol Bagley Amon. Appearances: For plaintiff - David DeToffol. For defendants - Steven Capobianco, Paul Rutigliano. The briefing schedule for defendants' motion for summary judgment is as follows: defendants shall serve their motion by September 11, 2015; plaintiff's opposition due October 12, 2015; and defendants' reply, if any, due October 22, 2015. Oral argument on that motion will be held on November 11, 2015 at 2 p.m. in Courtroom 10D South before Chief Judge Carol Bagley Amon. (Court Reporter Wendy Ricard.) (Day, Allison) |
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| Friday, August 07, 2015 | ||
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notice
Notice(Other)
Fri 08/07 5:08 PM
NOTICE OF TIME CHANGE ONLY: Due to a conflict in the court's schedule, the premotion conference scheduled for Friday, August 14, 2015, will be held at 3 pm in Courtroom 10A South. (MacDougall, Ian) |
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| Tuesday, August 04, 2015 | ||
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notice
Notice(Other)
Tue 08/04 5:39 PM
NOTICE OF COURTROOM CHANGE: The location of the premotion conference scheduled for Friday, August 14, 2015, at 2pm before Chief Judge Amon has been changed to Courtroom 10A South. Although the courtroom has changed, the time and date remain the same. (MacDougall, Ian) |
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| Friday, July 31, 2015 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Fri 07/31 3:01 PM
ORDER granting15 Motion for Extension of Time to Complete Discovery. Ordered by Magistrate Judge Robert M. Levy on 7/31/2015. (Marino, Janine) |
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| Wednesday, July 29, 2015 | ||
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order
Scheduling Order
Wed 07/29 9:42 AM
SCHEDULING ORDER: Re16 , a premotion conference will be held on August 14, 2015 at 2 pm in Courtroom 10D South before Chief Judge Amon. So Ordered by Chief Judge Carol Bagley Amon on 7/29/2015. (MacDougall, Ian) |
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| Wednesday, July 22, 2015 | ||
| 16 | 16
motion
Pre Motion Conference
Wed 07/22 12:01 PM
First MOTION for pre motion conference letter by Michael Clobasista. (Burns, Sean) |
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| Tuesday, July 21, 2015 | ||
| 15 | 15
motion
Extension of Time to Complete Discovery
Tue 07/21 5:14 PM
Second MOTION for Extension of Time to Complete Discovery of Expert Witnesses by Saleh Mozeb. (De Toffol, David) |
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| Tuesday, June 23, 2015 | ||
| 14 | 14
motion
Extension of Time to Complete Discovery
Tue 06/23 1:55 PM
Second MOTION for Extension of Time to Complete Discovery Requesting Extension of Expert Report Disclosure by Saleh Mozeb. (De Toffol, David) |
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order
Order on Motion for Extension of Time to Complete Discovery
Tue 06/23 3:57 PM
ORDER granting14 Motion for 30 Day Extension of Time to Complete Discovery, as counsel have not yet received plaintiff's deposition transcript. All deadlines extended 30 days. The conference scheduled for 9/15/15 is adjourned to 10/15/15 at 11:00 (tel)status). Ordered by Magistrate Judge Robert M. Levy on 6/23/2015. (Levy, Robert) |
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| Wednesday, June 03, 2015 | ||
| 13 | 13
misc
Letter
Wed 06/03 5:53 PM
Letter pursuant to Rule 11(c)(1) by Howard Baum, Bay RidgeOrthopedic Associates, P.C. (Grillo, Emilio) |
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minutes
Status Conference
Wed 06/03 9:24 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: David De Toffel; Steven Capobianco (Bay Ridge); Sean Burns (Dr. Clobasista). (1) All parties have been deposed. Counsel are awaiting transcripts to send to experts. Expert disclosure schedule: plaintiff 7/2/15, defendants 8/3/15; completion of expert depositions and all discovery 8/31/15. (2) Bay Ridge will serve plaintiff with a Safe Harbor letter by 6/3/15. Premotion conference letter to Judge Amon, if necessary, 6/17/15. Next conference 9/15/15 at 2:00 (tel)(final pretrial).Status Conference held on 6/2/2015 (Levy, Robert) |
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| Wednesday, March 04, 2015 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Wed 03/04 10:06 AM
ORDER RE12 Motion for Extension of Time to Complete Discovery. Ordered by Magistrate Judge Robert M. Levy on 3/4/2015. (Marino, Janine) |
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order
Scheduling Order
Wed 03/04 10:08 AM
ORDER RE12 The conference scheduled for June 3, 2015 has been moved to June 2, 2015 at 2:15 p.m. Ordered by Magistrate Judge Robert M. Levy on 3/4/2015. (Marino, Janine) |
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| Monday, March 02, 2015 | ||
| 12 | 12
misc
Letter
Mon 03/02 5:15 PM
Letter To Hon. Justice Robert M. Levy for a Status Report by Bay RidgeOrthopedic Associates, P.C. (Capobianco, Steven) |
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| Thursday, January 22, 2015 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Thu 01/22 10:42 AM
ORDER granting11 Motion for Extension of Time to Complete Discovery. Ordered by Magistrate Judge Robert M. Levy on 1/22/2015. (Marino, Janine) |
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order
Status Report Order
Thu 01/22 11:12 AM
STATUS REPORT ORDER: Status Report due by 3/2/2015. Ordered by Magistrate Judge Robert M. Levy on 1/22/2015. (Marino, Janine) |
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order
Scheduling Order
Thu 01/22 11:25 AM
ORDER: The conference scheduled for January 30, 2015 has been adjourned to June 3, 2015 at 2:15 p.m., before the Hon. Robert M. Levy, USMJ in Courtroom 11-B. Ordered by Magistrate Judge Robert M. Levy on 1/22/2015. (Marino, Janine) |
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| Wednesday, January 21, 2015 | ||
| 11 | 11
motion
Extension of Time to Complete Discovery
Wed 01/21 3:56 PM
First MOTION for Extension of Time to Complete Discovery & Status Report by Saleh Mozeb. (De Toffol, David) |
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| Friday, January 16, 2015 | ||
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order
Status Report Order
Fri 01/16 4:05 PM
STATUS REPORT ORDER Status Report due by 1/21/2015. Ordered by Magistrate Judge Robert M. Levy on 1/16/2015. (Levy, Robert) |
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| Monday, October 06, 2014 | ||
| 10 | 10
SCHEDULING ORDER: Initial Conference questionnaire approved. Ordered by Magistrate Judge Robert M. Levy on 10/1/2014. (Fernandez, Erica)
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| Wednesday, October 01, 2014 | ||
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: David De Toffol; Steven Capobianco; Paul Rutigliano. Scheduling order approved. Fact discovery deadline 1/30/15; expert disclosures: 2/27/15 plaintiff, 3/27/15 defendants; completion of expert discovery 4/24/15. Next conference 1/30/15 at 2:15 (status). Initial Conference Hearing held on 10/1/2014 (Levy, Robert) | ||
| Thursday, September 04, 2014 | ||
| 9 | 9
Dr. Michael Clobasistas ANSWER to7 Answer to Complaint, Crossclaim by Bay Ridge Ortho by Michael Clobasista. (Burns, Sean)
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| Friday, August 01, 2014 | ||
| 8 | 8
DISCLOSURE of Interested Parties by Bay RidgeOrthopedic Associates, P.C., Howard Baum. (Grillo, Emilio)
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Att: 1
Certificate of Service
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| 7 | 7
ANSWER to1 Complaint, , CROSSCLAIM against Michael Clobasista by Bay RidgeOrthopedic Associates, P.C., Howard Baum. (Grillo, Emilio)
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Att: 1
Certificate of Service
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| Monday, July 21, 2014 | ||
| 6 | 6
NOTICE by Michael Clobasista Rule 7.1 Corporate Disclosure (Burns, Sean)
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| 5 | 5
ANSWER to Complaint by Michael Clobasista. (Burns, Sean)
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| Monday, June 09, 2014 | ||
| 4 | 4
ORDER: An initial conference in the above-captioned case has been scheduled for October 1, 2014 at 2:00 p.m., before the Honorable Robert M. Levy, United States Magistrate Judge at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiff(s) counsel is directed to confirm with defendant(s) counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 6/9/2014. (Marino, Janine)
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| Tuesday, May 13, 2014 | ||
| 3 | 3
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
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| This attorney case opening filing has been checked for quality control. The following corrections were made: Caption, lower-cased names. (Bowens, Priscilla) | ||
| Friday, May 09, 2014 | ||
| 2 | 2
Summons Issued as to All Defendants. (Bowens, Priscilla)
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| 1 | 1
COMPLAINT against Bay Ridge Orthopedic Associates, Howard Baum, Michael Clobasista, John Doe filing fee $ 400, receipt number 0207-6915813 Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Saleh Mozeb..
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Att: 1
Proposed Summons,
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Att: 2
Civil Cover Sheet, # (De Toffol, David) (Attachment 2 replaced on 5/13/2014) (Lee, Tiffeny). Modified on 5/13/2014 (Bowens, Priscilla).
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| Case assigned to Chief Judge Carol Bagley Amon and Magistrate Judge Robert M. Levy. (Bowens, Priscilla) | ||