Rule v. Braiman et al
| New York Northern District Court | |
| Judge: | Brenda K Sannes |
| Referred: | Paul J Evangelista |
| Case #: | 1:23-cv-01218 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Sep 29, 2023 |
| Last checked: Wednesday Mar 27, 2024 6:00 AM EDT |
|
Defendant
Albany Med Health Partners
|
Represented By
|
|
Defendant
Jonathan Braiman
|
Represented By
|
|
Defendant
Christine Calistri
|
Represented By
|
|
Defendant
Donna Kirker
|
Represented By
|
|
Defendant
Lisa West
|
Represented By
|
|
Defendant
Glens Falls Hospital
|
Represented By
|
|
Defendant
Malta Med Emergent Care
|
Represented By
|
|
Defendant
Saratoga Hospital
|
Represented By
|
|
Plaintiff
Tara Rule
PO Box 123
Round Lake, NY 12151 |
GPO
Sep 04 2024
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Defendants' motions to dismiss (Dkt. Nos. 63, 66, 68) are GRANTED in part and DENIED in part as noted herein. The following claims proceed: Plaintiff's Affordable Care Act claim (First Cause of Action) against the Hospital Defendants, Plaintiff's EMTALA claim (Eighth Cause of Action) against the Hospital Defendants, Plaintiff's negligence (medical malpractice) claim (Eleventh and Thirteenth Causes of Action) against Dr. Braiman, Calistri, and the Hospital Defendants, Plaintiff's negligence per se claim (Twelfth Cause of Action) against the Hospital Defendants, and Plaintiff's breach of confidence claims (Fifteenth Cause of Action) against the Hospital Defendants, Calistri, West, and Kirker. Signed by Chief Judge Brenda K. Sannes on 9/4/2024. (Attachments: # (1) Unpublished Case Law cited) (nmk) |
| Docket last updated: 02/03/2025 11:59 PM EST |
| Thursday, January 30, 2025 | ||
|
minutes
Status Conference
Mon 02/03 3:07 PM
Text Minute Entry for proceedings held before U.S. Magistrate Judge Paul J. Evangelista: Status Conference held on 1/30/2025 by video. [11:00am-11:20am] Appearances by Reyna Lubin, Esq. for plaintiff; Michael Murphy, Esq. for Deft Braiman; Michael Billok, Esq. and Rebecca LaPoint, Esq. for Deft Kirker, et al. ; Emily Larwrence, Esq. for Deft West, et al.; Benjamin Mehie, Esq. and James Patrick Brodie, Esq. for Deft Malta Med. The issue of Plaintiff's filing of the 2nd amended complaint is discussed and all parties are heard. The Court directs parties to meet and confer on some changes to the 2nd Amended Complaint within 2 weeks [2/13/2025] Plaintiff is then permitted to file a 2nd Amended Complaint that is on consent of parties. Defendants will have 21 days thereafter to answer the 2nd amended complaint. (tab) |
||
| Monday, January 27, 2025 | ||
| 123 | 123
notice
Notice of Appearance
Mon 01/27 5:34 PM
NOTICE OF APPEARANCE by Benjamin Mehic on behalf of Malta Med Emergent Care (Mehic, Benjamin) |
|
| 122 | 122
misc
Response to Letter Brief
Mon 01/27 2:29 PM
RESPONSE TO LETTER BRIEF filed by Tara Rule as to117 Letter Request/Motion, filed by Jonathan Braiman . (Lubin, Reyna) |
|
| Friday, January 24, 2025 | ||
| 121 | 121
order
Order ~Util - Add and Terminate Attorneys
Fri 01/24 8:38 AM
TEXT ORDER approving119 Notice/Consent to change attorneys filed by Malta Med Emergent Care. [Attorney James Patrick Brodie for Malta Med Emergent Care added. Attorney Michael D. Billok terminated]. Authorized by U.S. Magistrate Judge Paul J. Evangelista on 1/24/2025. (tab) |
|
| Thursday, January 23, 2025 | ||
| 120 | 120
adr
Stipulation Selecting Mediator
Thu 01/23 8:18 AM
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Hon. Randolph Treece has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Michael D. Billok, Rebecca J. LaPoint, Reyna N. Lubin, Michael J. Murphy, Karen A. Butler, Emily Lawrence, Kimberly Goodfriend and. Dated: January 23, 2025(Billok, Michael) |
|