Adelodun v. NYC Health Hospitals Harlem et al
| New York Southern District Court | |
| Judge: | Margaret M Garnett |
| Case #: | 1:25-cv-02024 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1332nr Diversity: Notice of Removal |
| Case Filed: | Mar 11, 2025 |
| Case in other court: | Texas Northern, 3:24-cv-01567 |
| Last checked: Tuesday Mar 11, 2025 2:07 PM EDT |
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Defendant
Kesiena Akpoigbe
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Defendant
Dr. Raji Ayinla
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Represented By
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Defendant
Beverly Frederick
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Represented By
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Defendant
NYC Health Hospitals Harlem
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Represented By
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Defendant
Gloria Morales Ortiz
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Plaintiff
Anuoluwapo Ibironke Adelodun
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Represented By
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| Docket last updated: 03/26/2025 11:59 PM EDT |
| Friday, March 21, 2025 | ||
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pgs
order
Order to Show Cause ~Util - Set Deadlines
Fri 03/21 3:26 PM
ORDER In light of the possible jurisdictional defects, and because NYC Health + Hospitals/Harlem and Dr. Raji Ayinla first invoked federal subject matter jurisdiction through the filing of a notice of removal, IT IS ORDERED AS FOLLOWS: 1.Plaintiff shall file a letter with the Court by March 28, 2025, indicating whether she challenges this Courts subject matter jurisdiction over her case. If she does not challenge subject matter jurisdiction, then by April 25, 2025, she may file an amended complaint that adequately alleges diversity of citizenship and amount in controversy, and makes any other amendments to conform the complaint to establish jurisdiction and venue in the Southern District of New York. 2.If Plaintiff indicates that she does challenge this Court's subject matter jurisdiction, then by April 25, 2025, Defendants NYC Health + Hospitals/Harlem and Dr. Raji Ayinla shall file a brief that shows cause, if there is any, as to why this case should not be remanded to state court under 28 U.S.C. § 1447(c). 3.Defendants time to answer or move against the existing complaint in this District is STAYED pending the Court's determination as to whether it has subject matter jurisdiction. The Court will set a further schedule for this matter after the filing of either an amended complaint or a Defendants brief, as set forth above, on April25, 2025. SO ORDERED. (Amended Pleadings due by 4/25/2025.) (Signed by Judge Margaret M. Garnett on 3/21/2025) (jca) |
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| Tuesday, March 11, 2025 | ||
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transfer
Case Transferred In - District Transfer
Tue 03/11 1:13 PM
CASE TRANSFERRED IN from the United States District Court - District of Texas Northern; Case Number: 3:24-cv-01567. Original file certified copy of transfer order and docket entries received. |
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utility
Case Designated ECF
Tue 03/11 1:13 PM
Case Designated ECF. (vba) |
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notice
Case Opening Initial Assignment Notice - Transfer Case
Tue 03/11 1:14 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Margaret M. Garnett. 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] ..(vba) |
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utility
Case Designation
Tue 03/11 1:14 PM
Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. 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] . (vba) |
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misc
Note to Out of State Attorneys
Tue 03/11 1:14 PM
NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
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| Thursday, March 06, 2025 | ||
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Order: Accepting17 the Findings, Conclusions and Recommendation of the United States Magistrate Judge; granting11 Defendants' Motion to the extent that it agrees that personal jurisdiction is lacking and transfer of this action pursuant to 28 U.S.C. § 1406(a) to the Southern District of New York rather than dismissal is appropriate. The court's determination in this regard moots Defendants' Motion to the extent they contend that venue in this district is improper, as they acknowledge that venue in the United States District Court for the Southern District of New York is proper. The court also agrees with the magistrate judge that, in light of its determination regarding personal jurisdiction and the transfer of this case, it is not necessary to rule on Defendants' remaining contention--whether service was insufficient as to Defendants Akpoigbe, Frederick and Murphy-Ortiz. The court, therefore, leaves this issue for the transferee court to resolve. Accordingly, pursuant to § 1406(a), the court transfers this action forthwith to the United States District Court for the Southern District of New York and directs the clerk of the court to effect the transfer in accordance with usual procedure without further delay. Further, the court determines that the 21-day stay under Local Civil Rule 62.2 for transferred cases is inapplicable and not warranted in this case, and the clerk of court is not to stay the case for 21 days after the entry of this order. (Ordered by Judge Sam A. Lindsay on 3/6/2025) (chmb) [Transferred from Texas Northern on 3/11/2025.]
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| Wednesday, February 19, 2025 | ||
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The District Judge should find that the Court lacks personal jurisdiction over Defendants as to all claims asserted in Plaintiff's Original Petition. Rather than dismiss this case for lack of personal jurisdiction, the District Judge should TRANSFER this matter to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. §§ 1406(a) and 1631. The District Judge need not consider Defendants'11 motion to dismiss under Rules 12(b)(3) and 12(b)(5). (Ordered by Magistrate Judge Rebecca Rutherford on 2/19/2025) (twd) [Transferred from Texas Northern on 3/11/2025.]
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| Wednesday, September 18, 2024 | ||
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Wed Sep 18 08:29:27 CDT 2024 (crt) [Transferred from Texas Northern on 3/11/2025.] | ||
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Wed Sep 18 09:32:58 CDT 2024 (crt) [Transferred from Texas Northern on 3/11/2025.] | ||
| Tuesday, September 17, 2024 | ||
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ORDER OF REFERENCE: re:11 MOTION to Dismiss and Brief in Support. Motion referred to Magistrate Judge Rebecca Rutherford. (Ordered by Judge Sam A. Lindsay on 9/17/2024) (kaf) [Transferred from Texas Northern on 3/11/2025.]
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ORDER granting6 Motion for Extension of Time to File Answer. Raji Ayinla answer due 10/1/2024. NYC Health Hospitals Harlem answer due 10/1/2024. (Ordered by Judge Sam A. Lindsay on 9/17/2024) (kcr) [Transferred from Texas Northern on 3/11/2025.]
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| Wednesday, September 04, 2024 | ||
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REPLY filed by NYC Health Hospitals Harlem re:11 MOTION to Dismiss and Brief in Support (Croushore, Amanda) [Transferred from Texas Northern on 3/11/2025.]
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| Wednesday, August 21, 2024 | ||
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RESPONSE filed by Anuoluwapo Ibironke Adelodun re:11 MOTION to Dismiss and Brief in Support (Baker, Joseph) [Transferred from Texas Northern on 3/11/2025.]
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Att: 1
Affidavit(s) Appendix Plaintiff's Affidavit
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NOTICE of Attorney Appearance by Joseph A Baker on behalf of Anuoluwapo Ibironke Adelodun. (Filer confirms contact info in ECF is current.) (Baker, Joseph) [Transferred from Texas Northern on 3/11/2025.]
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| Thursday, August 01, 2024 | ||
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MOTION to Dismiss and Brief in Support filed by NYC Health Hospitals Harlem with Brief/Memorandum in Support. (Croushore, Amanda) [Transferred from Texas Northern on 3/11/2025.]
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Att: 1
Exhibit(s) A,
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Att: 2
Exhibit(s) B,
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Att: 3
Exhibit(s) C,
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Att: 4
Exhibit(s) D,
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Att: 5
Proposed Order
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NOTICE of CONSENT OF REMOVAL filed by Beverly Frederick (Croushore, Amanda) [Transferred from Texas Northern on 3/11/2025.]
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| Tuesday, July 30, 2024 | ||
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Tue Jul 30 09:03:43 CDT 2024 (crt) [Transferred from Texas Northern on 3/11/2025.] | ||
| Monday, July 29, 2024 | ||
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ORDER granting8 Motion to Withdraw as Attorney. The court allows Mr. Jaime V. Papa of the law firm JVP Law PLLC to withdraw as counsel for Plaintiff, and he is relieved of any further obligation to or representation of Plaintiff in this case. Ms. Shirley Rose of the law firm Scheef & Stone, LLP is designated as lead counsel of record for Plaintiff. (Ordered by Judge Sam A. Lindsay on 7/29/2024) (ykp) [Transferred from Texas Northern on 3/11/2025.]
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| Friday, July 26, 2024 | ||
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First MOTION to Withdraw as Attorney of record filed by Anuoluwapo Ibironke Adelodun (Papa, Jaime) [Transferred from Texas Northern on 3/11/2025.]
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Att: 1
Proposed Order Order Granting Motion to Withdraw as Attorney
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| Tuesday, July 16, 2024 | ||
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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Anuoluwapo Ibironke Adelodun. (Clerk QC note: No affiliate entered in ECF). (Papa, Jaime) [Transferred from Texas Northern on 3/11/2025.]
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| Monday, July 01, 2024 | ||
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Motion for Extension of Time to File Answer filed by Raji Ayinla, NYC Health Hospitals HarlemAttorney Amanda Croushore added to party Raji Ayinla(pty:dft) (Croushore, Amanda) [Transferred from Texas Northern on 3/11/2025.]
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Att: 1
Proposed Order
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| Wednesday, June 26, 2024 | ||
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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Raji Ayinla, NYC Health Hospitals Harlem. (Clerk QC note: No affiliate entered in ECF). (Croushore, Amanda) [Transferred from Texas Northern on 3/11/2025.]
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| Tuesday, June 25, 2024 | ||
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NOTICE of Attorney Appearance by Amanda Croushore for Roshanak Khosravighasemabadi on behalf of NYC Health Hospitals Harlem. (Croushore, Amanda) [Transferred from Texas Northern on 3/11/2025.]
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| 3 | 3 Court Request for Recusal: Senior Judge A. Joe Fish recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Sam A. Lindsay for all further proceedings. Future filings should indicate the case number as: 3:24-cv-1567. [Transferred from Texas Northern on 3/11/2025.] | |
| Monday, June 24, 2024 | ||
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New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ndt) [Transferred from Texas Northern on 3/11/2025.]
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NOTICE OF REMOVAL filed by NYC Health Hospitals Harlem. (Filing fee $405; receipt number ATXNDC-14714901.) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Croushore, Amanda) Modified on 6/24/2024 (ndt). [Transferred from Texas Northern on 3/11/2025.]
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Att: 1
Exhibit(s) A,
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Att: 2
Exhibit(s) B,
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Att: 3
Exhibit(s) C,
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Att: 4
Exhibit(s) D
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