Case Details

CourtNorthern District of New York
Docket number7:97-cv-00150
Date case filed1997-02-05
Date case closed2007-12-06
Date of latest filing
Assigned toChief Judge Gary L. Sharpe
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Olof Franzon
Party type: Plaintiff
M.D.
Attorney name: Mitchell G. Mandell
Attorney Contact:
Fischer, Mandell Law Firm
546 Fifth Avenue
115th Floor
New York, NY 10036
212-840-9300
Fax: 212-840-9323
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Women's Medical & Surgical Health Care, P.C.
Party type: Plaintiff
Attorney name: Mitchell G. Mandell
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Massena Memorial Hospital
Party type: Defendant
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
Thuillez, Ford Law Firm
20 Corporate Woods Boulevard
3rd Floor
Albany, NY 12211-1715
518-455-9952
Fax: 518-462-4031
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Board of Managers of Massena Memorial Hospital
Party type: Defendant
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Medical Executive Committee of Massena Memorial Hospital
Party type: Defendant
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Jayant J. Jhaveri
Party type: Defendant
M.D.
Attorney name: Brendan F. Baynes
Attorney Contact:
Baynes Law Firm, PLLC
130 Main Street
Ravena, NY 12143
518-756-6007
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
TERMINATED: 02/17/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mae A. D'Agostino
Attorney Contact:
U.S. District Court - Albany
James T. Foley Courthouse
445 Broadway
Albany, NY 12201
518-257-1880
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Adrienne J. Kerwin
Attorney Contact:
Office of Attorney General - Albany
State of New York
The Capitol
Albany, NY 12224
518-474-3340
Fax: 518-473-1572
Email: [email protected]
TERMINATED: 10/22/2007

Attorney name: Christine K. Krackeler
Attorney Contact:
D'Agostino, Krackeler Law Firm
16 Sage Estate
Sage Mansion
Menands, NY 12204
518-434-9807
Fax: 518-434-9826
Email: [email protected]
TERMINATED: 05/18/2007

Attorney name: Ryan T. Donovan
Attorney Contact:
Harris, Conway Law Firm
The Patroon Building
5 Clinton Square
Albany, NY 12207
518-436-1661
Fax: 518-432-1996
Email: [email protected]
TERMINATED: 10/22/2007
Party: James B. Watson
Party type: Defendant
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Bedros Bakirtzian
Party type: Defendant
M.D.
TERMINATED: 12/19/2000
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
TERMINATED: 08/27/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Stephen T. Helmer
Attorney Contact:
Mackenzie, Hughes Law Firm
101 South Salina Street
PO Box 4967
Syracuse, NY 13221-4967
315-474-7571
Fax: 315-426-8358
Email: [email protected]
TERMINATED: 12/19/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Christine Rowe-Button
Party type: Defendant
M.D.
TERMINATED: 05/07/2007
Attorney name: Alvin O. Sabo
Attorney Contact:
Donohue, Sabo Law Firm
P.O. Box 15056
24 Aviation Road
Albany, NY 12212-5056
518-458-8922
Fax: 518-438-4349
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
TERMINATED: 01/14/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Sateesh K. Goswami
Party type: Defendant
M.D.
TERMINATED: 05/07/2007
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
TERMINATED: 02/23/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James D. Lantier
Attorney Contact:
Smith, Sovik Law Firm
250 South Clinton Street
Suite 600
Syracuse, NY 13202-1252
315-474-2911
Fax: 315-474-6015
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jennifer Ploetz Williams
Attorney Contact:
Mackenzie, Hughes Law Firm
101 South Salina Street
PO Box 4967
Syracuse, NY 13221-4967
315-233-8345
Fax: 315-426-8358
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Steven Schwam
Party type: Defendant
M.D.
TERMINATED: 12/19/2000
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
TERMINATED: 01/30/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Frances A. Ciardullo
Attorney Contact:
Fager, Amsler Law Firm - Syracuse
2 Clinton Square
Atrium Building, Suite 212
Syracuse, NY 13202-1042
315-428-1380
Fax: 315-428-0082
Email: [email protected]
TERMINATED: 12/19/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Melchiore L. Buscemi
Party type: Defendant
M.D.
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Edward Burke
Party type: Defendant
M.D.
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
TERMINATED: 02/13/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Terence P. O'Connor
Attorney Contact:
O'Connor, O'Connor Law Firm - Albany Office
20 Corporate Woods Boulevard
Albany, NY 12211
518-465-0400
Fax: 518-465-0015
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter B. Joslin , Jr.
Attorney Contact:
O'Connor, O'Connor Law Firm - Albany Office
20 Corporate Woods Boulevard
Albany, NY 12211
518-465-0400
Fax: 518-465-0015
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Kenneth Maxik
Party type: Defendant
TERMINATED: 05/07/2007
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Tae-Sik Choi
Party type: Defendant
M.D.
TERMINATED: 05/07/2007
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Michael Maresca
Party type: Defendant
M.D.
TERMINATED: 12/19/2000
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
TERMINATED: 01/14/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Thomas S. Brett
Attorney Contact:
Brett Law Firm
217 South Salina Street
6th Floor
Syracuse, NY 13202
315-422-1311 ext. 146
Fax: 315-479-7612
Email: [email protected]
TERMINATED: 12/19/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Lois Nicandri
Party type: Defendant
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
TERMINATED: 11/28/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Tina Corcoran
Party type: Defendant
TERMINATED: 05/07/2007
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Keith Bain
Party type: Defendant
TERMINATED: 10/10/1997
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
TERMINATED: 10/10/1997 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Marilyn Carr
Party type: Defendant
TERMINATED: 10/10/1997
Attorney name: Donald P. Ford , Jr.
Attorney Contact:
(See above for address)
TERMINATED: 10/10/1997 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
11997-02-05 COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 32130 ; Service deadline 4/6/97 for Marilyn Carr, for Keith Bain, for Tina Corcoran, for Lois Nicandri, for Michael Maresca, for Tae-Sik Choi, for Kenneth Maxik, for Edward Burke, for Melchiore L. Buscemi, for Steven Schwam, for Sateesh K. Goswami, for Christine Rowe-Button, for Bedros Bakirtzian, for James B. Watson, for Jayant J. Jhaveri, for Medical Executive, for Board of Managers of, for Massena Memorial (drm) (jel, ). (Entered: 02/05/1997)
21997-02-28 SUMMONS Returned Executed as to Board of Managers of, Jayant J. Jhaveri, James B. Watson, Bedros Bakirtzian, Christine Rowe-Button, Sateesh K. Goswami, Steven Schwam, Melchiore L. Buscemi, Edward Burke, Kenneth Maxik, Tae-Sik Choi, Michael Maresca, Lois Nicandri, Tina Corcoran, Marilyn Carr on 2/13/97 : Answer due on 3/5/97 for Marilyn Carr, for Tina Corcoran, for Lois Nicandri, for Michael Maresca, for Tae-Sik Choi, for Kenneth Maxik, for Edward Burke, for Melchiore L. Buscemi, for Steven Schwam, for Sateesh K. Goswami, for Christine Rowe-Button, for Bedros Bakirtzian, for James B. Watson, for Jayant J. Jhaveri, for Board of Managers of (tjm) (jel, ). (Entered: 03/03/1997)
31997-02-27 LETTER of Donald P. Ford, Jr. pursuant to Local Rule 7.1(b) regarding Motion to dismiss, accompanying affidavits, Memorandum of Law & proposed Order/Papers served upon plaintiff's attorney (sas) (jel, ). (Entered: 03/03/1997)
41997-03-06 ANSWER to Complaint by Lois Nicandri (Attorney James P. Bessette), (tjm) (jel, ). (Entered: 03/11/1997)
51997-03-24 LETTER on behalf of Olof Franzon & Women's Medical by Simon Allentuch pursuant to Local Rule 7.1(b) regarding plaintiffs' Memorandum of Law in Opposition to defendant's Motion to Dismiss being served. (sas) (jel, ). (Entered: 03/24/1997)
61997-04-08 LETTER on behalf of Massena Memorial pursuant to Local Rule 7.1(b) regarding Motion: to dismiss served. (fce) (jel, ). (Entered: 04/08/1997)
71997-04-08 MOTION by Massena Memorial to Dismiss , Hearing set for 10:00 5/12/97 Motion returnable before Chief Judge Thomas J. McAvoy (fce) Additional attachment(s) added on 8/30/2007 (jel, ). (Additional attachment(s) added on 7/26/2013: # 1 MOTION) (jel, ). (Entered: 04/08/1997)
81997-04-08 MEMORANDUM by Massena Memorial in support of [7-1] motion to Dismiss (fce) Additional attachment(s) added on 8/30/2007 (jel, ). (Additional attachment(s) added on 7/26/2013: # 1 MEMORANDUM) (jel, ). (Entered: 04/08/1997)
91997-04-08 MEMORANDUM Order by Olof Franzon, Women's Medical & in opposition to [7-1] motion to Dismiss (fce) (jel, ). (Entered: 04/08/1997)
101997-04-08 REPLY by Massena Memorial to response to [7-1] motion to Dismiss with proposed order. (fce) (jel, ). (Entered: 04/08/1997)
111997-05-06 COURT NOTICE to all counsel dd 5/6/97 advising that the pending motion will be taken on submit; no appearance is necessary [served] (amt) (jel, ). (Entered: 05/06/1997)
121997-05-15 Minute entry: MOTION CALENDAR HELD 5-12-97 ALBANY NY: Appearances: ECRO: H. Santspree; D. Ardia/LC; No Counsel. Defts Motion to Dismiss [7-1] - TAKEN ON SUBMIT (pta) (jel, ). (Entered: 05/15/1997)
131997-05-27 MAG/JUDGE SCANLON Scheduling Notice: reset time of the Status Conference to 2:00 p.m. on 6/9/97 [prev. time 10 a.m.] (pta) (jel, ). (Entered: 05/28/1997)
141997-05-30 COURT NOTICE indicating that deft's motion to dismiss is to be heard on submission only before the Hon. Thomas J. McAvoy. Rule 16 conference, 6/9/97, is adjourned pending decision of Chief Judge McAvoy. (fce) (jel, ). (Entered: 06/02/1997)
151997-08-01 RESPONSE Letter of Richard F. Hunter, Esq. dd 7-30-97 on behalf of Deft Lois Nicandri joining in the Deft Massena Memorial's to [7-1] motion to Dismiss [on 6-09-97 Motion Calendar on submit] (pta) (jel, ). (Entered: 08/01/1997)
161997-08-08 MEMORANDUM-DECISION-ORDER; granting in part, denying in part [7-1] Defts motion to Dismiss AND Ordered that Defts Motion to Dismiss is GRANTED with respect to Defts Kenneth Maxik and Tae-Sik Choi, M.D. and DENIED with respect to all remaining named Defts ( dd 8-08-97 signed by Chief Judge Thomas J. McAvoy ) (pta) (jel, ). (Entered: 08/11/1997)
171997-08-19 LETTER REQUEST of Mitchell G. Mandell, Esq. on behalf of Pltfs Franzon and Women's Medical for clarification of several issues raised by the Decision and Order dd 8-08-97 [forward to Chambers/DA] (pta) (jel, ). (Entered: 08/19/1997)
181997-08-27 MAG/JUDGE SCANLON Scheduling Notice: adjourning the Pretrial Conference for 8-27-97 and reset Pretrial Conference for 2:00 p.m. in Watertown NY on 10/2/97 ; Case Management Plan to be submitted no later than 9-26-97 (pta) (jel, ). (Entered: 09/02/1997)
191997-09-02 MAG/JUDGE SCANLON Scheduling Notice: that the 10-02-97 conference is postponed and reset Pretrial Conference for 10:00 a.m. in Watertown on 10/21/97 ; Case Management plan filing deadline remains as 9-26-97 (pta) (jel, ). (Entered: 09/03/1997)
201997-09-03 LETTER REQUEST dd 8-12-97 and ORDER, granting extension to answer and reset Answer deadline to 9/5/97 for Marilyn Carr, for Keith Bain, for Tina Corcoran, for Michael Maresca, for Tae-Sik Choi, for Kenneth Maxik, for Edward Burke, for Melchiore L. Buscemi, for Steven Schwam, for Sateesh K. Goswami, for Christine Rowe-Button, for Bedros Bakirtzian, for James B. Watson, for Jayant J. Jhaveri, for Medical Executive, for Board of Managers of, for Massena Memorial ( signed by Chief Judge Thomas J. McAvoy ) (pta) (jel, ). (Entered: 09/03/1997)
211997-09-04 ANSWER to Complaint by Donald P. Ford, Esq., for Massena Memorial, Board of Managers of, Medical Executive, Jayant J. Jhaveri, James B. Watson, Bedros Bakirtzian, Christine Rowe-Button, Sateesh K. Goswami, Steven Schwam, Melchiore L. Buscemi, Edward Burke, Kenneth Maxik, Tae-Sik Choi, Michael Maresca, Lois Nicandri, Tina Corcoran, Keith Bain & Marilyn Carr (Attorney Donald P. Ford Jr.), (sas) (jel, ). (Entered: 09/04/1997)
221997-09-08 ORDER; as to [17-1] request for clarification of the Court's 8-08-97 Memorandum-Decision-Order ; it is Ordered that Pltfs Equal Protection Claims are DISMISSED as to all Defts, Pltfs 1st Amendment Claims are DISMISSED only as to Defts Kenneth Maxik and Tae-Sik Choi. Furthermore, Pltfs have 45 days to file an Amended Complaint curing the noted deficiencies reset Amended Pleadings deadline to 10/20/97 (dd 9-4-97 signed by Chief Judge Thomas J. McAvoy ) (pta) (jel, ). (Entered: 09/08/1997)
231997-09-12 AMENDED ANSWER to Complaint by Donald P. Ford, Esq., for Massena Memorial, Board of Managers of, Medical Executive, Jayant J. Jhaveri, James B. Watson, Bedros Bakirtzian, Christine Rowe-Button, Sateesh K. Goswami, Steven Schwam, Melchiore L. Buscemi, Edward Burke, Michael Maresca, Tina Corcoran, Keith Bain, Marilyn Carr : amends [21-1] answer (sas) (jel, ). (Entered: 09/15/1997)
241997-10-10 AMENDED COMPLAINT by Olof Franzon, Women's Medical & , Answer due 10/20/97 for Tina Corcoran, for Lois Nicandri, for Michael Maresca, for Tae-Sik Choi, for Kenneth Maxik, for Edward Burke, for Melchiore L. Buscemi, for Steven Schwam, for Sateesh K. Goswami, for Christine Rowe-Button, for Bedros Bakirtzian, for James B. Watson, for Jayant J. Jhaveri, for Medical Executive, for Board of Managers of, for Massena Memorial , Service deadline 12/9/97 amends [1-1] complaint (pta) (Entered: 10/14/1997)
251997-10-17 LETTER on behalf of defts Massena Memorial, Board of Managers of, Medical Executive, Jayant J. Jhaveri, James B. Watson, Bedros Bakirtzian, Christine Rowe-Button, Sateesh K. Goswami, Steven Schwam, Melchiore L. Buscemi, Edward Burke, Michael Maresca, Tina Corcoran pursuant to Local Rule 7.1(b) regarding Motion to strike paragraphs 43(h)(i)(j)(k)(l)(m)(n)(o) and (p) of the amended complaint served. (cbm) (jel, ). (Entered: 10/21/1997)
261997-10-22 ANSWER by Massena Memorial, Board of Managers of, Medical Executive, Jayant J. Jhaveri, James B. Watson, Bedros Bakirtzian, Christine Rowe-Button, Sateesh K. Goswami, Steven Schwam, Melchiore L. Buscemi, Edward Burke, Michael Maresca, Tina Corcoran to [24-1] amended complaint (cml) (jel, ). (Entered: 10/23/1997)
271997-10-30 Uniform Pretrial Order; Trial Ready by: 2/2/99; Length of Trial 30 days days; Trial Location: (not stated) ; Joining of Parties Deadline 3/30/98 ; Amending of Pleadings Deadline 3/30/98 ; Discovery Deadline 11/30/98 ; Motion Filing Deadline 12/3/98 ; Jury Trial Deadline to be scheduled by the District Judge ; ( Signed by: Magistrate Judge Daniel Scanlon Jr. ) (pta) (jel, ). (Entered: 10/31/1997)
281997-11-03 ANSWER by Lois Nicandri (Attorney James P. Bessette ) to amended complaint (pta) (jel, ). (Entered: 11/05/1997)
291997-11-07 LETTER of Simon I. Allentuch, Esq. on behalf of Pltfs dd 11-05-97 in re: to Defts motion to dismiss (pta) (jel, ). (Entered: 11/07/1997)
301997-11-12 COURT LETTER/ORDER denying pltfs' [29-1] request to reject [25-1] defts Massena Memorial+ 7.1(b) letter re: motion/dismiss (signed by Chief Judge Thomas J. McAvoy dtd 11/12/97) (cml) (jel, ). (Entered: 11/12/1997)
311997-11-13 LETTER of Richard F. Hunter, Esq. dd 11-10-97 on behalf of Lois Nicandri in response to letter of 11-05-97 re: motion of remaining Defts to strike parts of Pltfs Complaint (pta) (jel, ). (Entered: 11/13/1997)
321997-11-18 MAG/JUDGE Scheduling Notice: set Pretrial Conference for 1:45 p.m. in Watertown NY on 11/18/97 (pta) (jel, ). (Entered: 11/18/1997)
331997-11-17 COPY LETTER to Mag/Judge Scanlon by Simon I. Allentuch, Esq. dd 11-11-97 re: 11-18-97 Conference (pta) (jel, ). (Entered: 11/19/1997)
341997-11-24 MAG/JUDGE SCANLON Scheduling Notice:, reset Pretrial Conference for 1:00 p.m. in Syracuse NY on 12/12/97 (pta) (jel, ). (Entered: 11/25/1997)
351997-12-15 ORDER and STIPULATION, of Confidentiality as to Judicially subpoenaed documents (dd 12-09-97 signed by Magistrate Judge Daniel Scanlon Jr. ) - served (pta) (jel, ). (Entered: 12/15/1997)
361998-01-07 LETTER on behalf of Massena Memorial pursuant to Local Rule 7.1(b) regarding Motion: to strike served. (pta) (jel, ). (Entered: 01/07/1998)
371998-01-14 NOTICE of Consent to change attorneys by Christine Rowe-Button (now represented by Atty Alvin Sabo, Esq.) (amt) (jel, ). (Entered: 01/14/1998)
381998-01-14 NOTICE of Consent to change attorneys by Michael Maresca (now represneted by Thomas Brett, Esq.) (amt) (jel, ). (Entered: 01/14/1998)
391998-01-20 NOTICE/ORDER, SETTING Status Conference for 10:30 a.m. on 1/30/98 before USMJ Smith in Albany (signed by Magistrate Judge Ralph W. Smith on 1/20/98) (sas) (jel, ). (Entered: 01/20/1998)
401998-01-26 NOTICE by Atty Schmidt to the Court dd 1/21/98 advising Pltf will file opposition papers to the motion to dismiss by 1/30/98, and Defts will file reply papers by 2/13/98 (amt) (jel, ). (Entered: 01/27/1998)
411998-01-26 SCHEDULING NOTICE/ORDER, reset Status Conference for 1:30 2/2/98 before Judge Smith in Albany ( signed by Magistrate Judge Ralph W. Smith, 1/26/98) (fce) (jel, ). (Entered: 01/27/1998)
421998-01-30 NOTICE of attorney appearance for Steven Schwam by Frances A. Ciardullo (fce) (jel, ). (Entered: 02/03/1998)
431998-02-05 ORDER, that all substitution of counsel forms must be filed no later than 2/13/98 , that the motion by defendants for a protective Order, consisting of an affidavit by Kenneth Maxik & Debra Schmidt, both with attachments, previously submitted to USMJ Scanlon, shall be filed by the Clerk under SEAL , that any supplement or companion motions for a protective Order shall be filed & served by the now seperately represented defendants within 30 days (3/6/98) of the date of this order , that opposition to the now filed motion & any supplemental or companion motions shall be filed & served within 60 days (4/5/98) of the date of this Order , that any opposition in reply shall be filed & served by defendants within 75 days (4/20/98) of the date of this Order , that in view of the adequacy of the existing deadlines for joinder of parties & amendment of pleadings contained in the UPSO of 10/30/97, those deadlines contained in that Order shall remain unchanged subject to further order of the court , that Donald P. Ford, Esq., shall file an amendment to the answer to Amended Complaint by 10/22/97, to reflect that this answer is also on behalf of defendants Maxik & Choi , that Donald P. Ford, Jr., Esq., counsel for certain of the defendants, shall arrange a conference with the Court of appropriate representatives of all insurance carriers & of the Town of Massena to discuss & attempt to reslove certain issues of coverage (signed by Magistrate Judge Ralph W. Smith on 2/4/98) (sas) (jel, ). (Entered: 02/05/1998)
441998-02-09 DEFT'S letter to Atty Ford advising Court of joint agreement to extend pltf's time to submit opposition to deft. notion to strike to Feb. 13, 1998. Deft's reply papers are now due 2/20/98. (fce) (jel, ). (Entered: 02/10/1998)
451998-02-09 SUPPLEMENTAL AMENDED ANSWER by Massena Memorial, Board of Managers of, Medical Executive, Jayant J. Jhaveri, James B. Watson, Bedros Bakirtzian, Christine Rowe-Button, Sateesh K. Goswami, Steven Schwam, Melchiore L. Buscemi, Edward Burke, Kenneth Maxik, Tae-Sik Choi, Michael Maresca, Lois Nicandri, Tina Corcoran (Attorney Donald P. Ford Jr.) to amended complaint. (jel) (jel, ). (Entered: 02/11/1998)
461998-02-13 NOTICE of attorney appearance for Edward Burke by Terence P. O'Connor, Esq. (fce) (jel, ). (Entered: 02/18/1998)
471998-02-17 NOTICE of attorney appearance for Jayant J. Jhaveri by Mae A. D'Agostino (fce) (jel, ). (Entered: 02/19/1998)
481998-02-23 Letter dated 12/24/97 from Attorney for plaintiff to Judge Scanlon concerning MMH's violation of the Court ordered subpoena. MMH agreed to produce the documents following the execution of a confidentiality agreement. Having reviewed the documents received it is noted that certain documents are missing and other documents are heavility redacted as to render production meaningless. Plaintiff request a finding of contemp0t is both necessary and appropriate against MMH. (fce) (jel, ). (Entered: 02/23/1998)
491998-02-23 Letter dated 1/30/98 to Judge Smith from plaintiff's attorney concerning outstanding discovery issues to be discussed at the 2/2/98 conference. (fce) (jel, ). (Entered: 02/23/1998)
501998-02-23 Letter dated 2/6/98 to Judge Smith from attorneys for the defendants regarding their request for an order striking certain interrogatories from being disclosed and stating their reasons for a protective order with respect to document demands. (fce) (jel, ). (Entered: 02/23/1998)
511998-02-23 Minute entry: of the status conference before Magistrate Smith on 2/2/98, all parties appeared Court Reporter/ECRO: non (fce) (jel, ). (Entered: 02/23/1998)
521998-02-23 NOTICE of attorney appearance for Sateesh K. Goswami by James D. Lantier, Esq. (fce) (jel, ). (Entered: 02/23/1998)
531998-02-26 LETTER OF Defts. Atty Ford advising Court of Defts Rowe-Button; Choi; Schwam; Maresca; and Burke obtaining new counsel. (fce) (jel, ). (Entered: 02/26/1998)
541998-02-27 NOTICE of attorney appearance for Jayant J. Jhaveri by Mae A. D'Agostino. (fce) (jel, ). (Entered: 03/02/1998)
551998-02-26 ORDER, that all discussions pursuant to this Court's order for a conerence among carriers and representative of the Town of Massena shall be confidential and shall not be made public. ( signed by Magistrate Judge Ralph W. Smith ) (fce) Modified on 03/03/1998 (jel, ). (Entered: 03/02/1998)
561998-03-02 MOTION by Massena Memorial, Board of Managers of, Medical Executive, Jayant J. Jhaveri, James B. Watson, Bedros Bakirtzian, Christine Rowe-Button, Sateesh K. Goswami, Steven Schwam, Melchiore L. Buscemi, Edward Burke, Kenneth Maxik, Tae-Sik Choi, Michael Maresca, Lois Nicandri, Tina Corcoran, Keith Bain, Marilyn Carr to Strike [24-1] amended complaint , Hearing set for Motion returnable before Judge/Mag. Judge: Thomas J. McAvoy (fce) (jel, ). (Entered: 03/03/1998)
571998-03-02 MEMORANDUM by Massena Memorial, Board of Managers of, Medical Executive, Jayant J. Jhaveri, James B. Watson, Bedros Bakirtzian, Christine Rowe-Button, Sateesh K. Goswami, Steven Schwam, Melchiore L. Buscemi, Edward Burke, Kenneth Maxik, Tae-Sik Choi, Michael Maresca, Lois Nicandri, Tina Corcoran, Keith Bain, Marilyn Carr in support of [56-1] motion to Strike [24-1] amended complaint (fce) (jel, ). (Entered: 03/03/1998)
581998-03-02 RESPONSE by Olof Franzon to [56-1] motion to Strike [24-1] amended complaint (fce) (jel, ). (Entered: 03/03/1998)
591998-03-02 AFFIDAVIT by Olof Franzon in opposition Re: [56-1] motion to Strike [24-1] amended complaint (fce) (jel, ). (Entered: 03/03/1998)
601998-03-02 REPLY by Massena Memorial, Board of Managers of, Medical Executive, Jayant J. Jhaveri, James B. Watson, Bedros Bakirtzian, Christine Rowe-Button, Sateesh K. Goswami, Steven Schwam, Melchiore L. Buscemi, Edward Burke, Kenneth Maxik, Tae-Sik Choi, Michael Maresca, Lois Nicandri, Tina Corcoran, Keith Bain, Marilyn Carr to response to [56-1] motion to Strike [24-1] amended complaint (fce) (jel, ). (Entered: 03/03/1998)
611998-03-02 AFFIDAVIT by Massena Memorial, Board of Managers of, Medical Executive, Jayant J. Jhaveri, James B. Watson, Bedros Bakirtzian, Christine Rowe-Button, Sateesh K. Goswami, Steven Schwam, Melchiore L. Buscemi, Edward Burke, Kenneth Maxik, Tae-Sik Choi, Michael Maresca, Lois Nicandri, Tina Corcoran, Keith Bain, Marilyn Carr Re: [60-1] response reply (fce) (jel, ). (Entered: 03/03/1998)
621998-03-02 DEFT. LETTER advising Court that motion to strike is on behalf of all named defendants. (fce) (jel, ). (Entered: 03/03/1998)
631998-03-03 Letter from Attorney Sabo on behalf of Dr. Rowe-Button Joining in the motion of Don Ford for a protective order for all the reasons stated in his papers dated 2/17/98 to Judge Smith. (fce) (jel, ). (Entered: 03/03/1998)
641998-03-03 Letter from Attorney Bilello on behalf of Dr. Bakirtzian joining in the motion of Don Ford for a proctive order dated 2/25/98 to Judge Smith. (fce) (jel, ). (Entered: 03/03/1998)
651998-03-03 Letter from Attorney Brett on behalf of Dr. Maresca joinin in on the motion for protective order of Don Ford, dated 2/24/98 to Judge Smith. (fce) (jel, ). (Entered: 03/03/1998)
661998-03-03 Letter from Attorney Krackler dated 2/27/98 to Judge Smith joining in the motion for protective order of Don Ford based upon all of the arguments and reasons asserted in the same. (fce) (jel, ). (Entered: 03/03/1998)
671998-03-04 Letter of Atty Schmidt to the Court dd 3/2/98 advising that Defts' motion to strike was made on behalf of all defendants (amt) (jel, ). (Entered: 03/04/1998)
681998-03-04 SEALED DOCUMENT placed in vault (fce) (Additional attachment(s) added on 7/25/2013: # 1 SEALED DOCUMENT) (jel, ). (Entered: 03/06/1998)
691998-03-05 LETTER/ORDER reassigning the action to Mag/Judge Smith (signed by Chief Judge Thomas J. McAvoy on 3/5/98) [served] (amt) (jel, ). (Entered: 03/06/1998)
701998-03-05 Letter of Atty Ciardullo to the Court dd 3/4/98 advising he joins in Defts' motion to Strike on behalf of Deft Schwam, which was made by Thuillez, Ford prior to him being retained (amt) (jel, ). (Entered: 03/06/1998)
711998-03-05 AMENDED NOTICE OF MOTION by DEFTS' to Strike certain parts in Pltfs' [24-1] amended complaint , Hearing set for 10:00am on 4/13/98 in Albany referring to [56-1] motion to Strike [24-1] amended complaint (amt) (jel, ). (Entered: 03/06/1998)
721998-03-05 Letter from Attorney O'Connor on behalf of Edward Burke, M.D. respectfully concurring with and joining in the arguments raised in the pending motion for protective order and in Mr. Ford's letter brief of February 6, 1998. (fce) (jel, ). (Entered: 03/06/1998)
731998-03-06 Letter of Atty Monseratte to the Court dd 3/5/98 advising they have not served all other counsel w/letter and affidavit (amt) (jel, ). (Entered: 03/06/1998)
741998-03-06 AFFIDAVIT by Edward Burke in further support of the exparte application re: [68-1] document(s) - RETURNED PER COURT'S [85-1] REQUEST/ORDER (amt) Modified on 03/20/1998 (Entered: 03/06/1998)
751998-03-06 AFFIDAVIT by Massena Memorial, Board of Managers of, Medical Executive, Tae-Sik Choi in further support of [68-1] document(s) - RETURNED PER COURT'S [86-1] REQUEST/ORDER (amt) Modified on 03/20/1998 (jel, ). (Entered: 03/06/1998)
761998-03-06 AFFIDAVIT by Massena Memorial, Board of Managers of, Medical Executive, Tae-Sik Choi in further support of [68-1] document(s) - RETURNED PER COURT'S [86-1] REQUEST/ORDER (amt) Modified on 03/20/1998 (jel, ). (Entered: 03/06/1998)
771998-03-09 AMENDED MOTION by Olof Franzon, Women's Medical & amended motion to Strike [71-1] amended motion by DEFTS' to Strike certain parts in Pltfs' [24-1] amended complaint , Hearing set for 10:00 3/27/98 referring to [71-1] amended motion by DEFTS' to Strike certain parts in Pltfs' [24-1] amended complaint (fce) (jel, ). (Entered: 03/09/1998)
781998-03-09 RESPONSE and Proposed Order by Olof Franzon, Women's Medical & to [71-1] amended motion by DEFTS' to Strike certain parts in Pltfs' [24-1] amended complaint (fce) (jel, ). (Entered: 03/09/1998)
791998-03-10 LETTER of Atty Allentuch advising Court of request for oral argument on deft. motion to strike, motion calendar 3/27/98 (fce) (jel, ). (Entered: 03/10/1998)
801998-03-12 LETTER of Donald P. Ford, Jr. Esq. dd 3-10-98 in response to letter of Pollack & Greene dd 3-05-98 (pta) (jel, ). (Entered: 03/12/1998)
811998-03-12 LETTER of Donald P. Ford, Jr. Esq. dd 3-11-98 requesting this letter and attachments bre made part of the ex parte application to seal records (pta) (jel, ). (Entered: 03/12/1998)
821998-03-13 COURT Scheduling Notice to all counsel dd 3/13/98 advising that the pending motion [77-1] has been rescheduled to 4/13/98 MC in Albany at 10am; : (fce) (jel, ). (Entered: 03/13/1998)
831998-03-16 NOTICE of attorney appearance for Deft. Jayant J. Jhaveri by Christine K. Krackeler, Esq. Deft's Atty joins in on Motion to Strike [77-1]. (fce) (jel, ). (Entered: 03/17/1998)
841998-03-17 ORDER temporarily sealing Pltf's affidavit and memorandum of law; and referring Defts' motion to Seal and motion to Strike to Mag/Judge Smith (signed by Chief Judge Thomas J. McAvoy on 3/17/98) [served via fax] (amt) Modified on 04/01/1998 (jel, ). (Entered: 03/18/1998)
851998-03-19 REQUEST and ORDER Granting Atty Monserrate's 3/18/98 letter requesting the return of her affidavit in support of request to seal certain docs (signed by Chief Judge Thomas J. McAvoy on 3/19/98) [served - doc #74 returned] (amt) (jel, ). (Entered: 03/20/1998)
861998-03-19 REQUEST and ORDER Granting Atty Ford's 3/18/98 requesting that affidavits re: application for the sealing of certain documents be returned ( signed by Chief Judge Thomas J. McAvoy on 3/19/98) [served - returned docs 75,76] (amt) (jel, ). (Entered: 03/20/1998)
871998-03-23 REQUEST by Atty. Allentuch for Pltfs. to have certain documents sealed [forwarded to Chambers/DA] (fce) (jel, ). (Entered: 03/23/1998)
881998-03-27 AFFIDAVIT by Steven Schwam Re: [88-1] motion for Leave to File amended answer (fce) (jel, ). (Entered: 03/27/1998)
891998-03-26 Letter from Attorney Schmidt to Judge smith stating that counsel for defendant Schwam recently informed him that the reply memorandum submitted in connection with defendants' motion to strike contained a factual error. This office indicated that the Board of Mangers voted in September 1996 to deny Franzon's application for reappointment to the medical staff; the Board did not vote in Setpember of 1996; the Executive Committee of the Medical Staff voted in September of 1996 denying franzon's application; the Board of Mangers did not address this issue until August 1997. (fce) Modified on 04/01/1998 (jel, ). (Entered: 03/27/1998)
901998-03-30 LETTER/RESPONSE by Atty Hunter to the Court on behalf of Deft Nicandri stating they join in the [77-1] amended motion to Strike [71-1] amended motion by DEFTS' to Strike certain parts in Pltfs' [24-1] amended complaint (amt) (jel, ). (Entered: 03/30/1998)
911998-03-30 Letter of Atty Ford to the Court dd 3/27/98 advising Deft Massena Memorial served a notice of motion to amend the answer to assert certain affirmative defenses (amt) (jel, ). (Entered: 03/30/1998)
921998-03-30 LETTER/RESPONSE by Atty Lantier on behalf of Deft Sateesh K. Goswami advising they join in the [77-1] amended motion to Strike [71-1] amended motion by DEFTS' to Strike certain parts in Pltfs' [24-1] amended complaint (amt) (jel, ). (Entered: 03/30/1998)
931998-04-02 Letter from Attorney Schmidt to Judge Scanlon dated 12/24/98 in response to Pollack & Green's December 24, 1997 letter regarding the documents produced by MMH pursuant to 1/29/97 subpoena. (fce) (jel, ). (Entered: 04/02/1998)
941998-04-02 Letter dated 12/31/97 to Judge Scanlon from Attorney Ford in response to the application of Pollack & Greene by their letter of 12/24/97 with regard to the disclosure of minutes pertaining to Dr. Franzon. (fce) (jel, ). (Entered: 04/02/1998)
951998-04-02 Letter to Judge Scanlon dated 1/16/98 from Attorney Ford regarding the status of discovery including the demands for production of documents as well as interrogatories. Interrogatories are attached to this letter with other attachments. (fce) (jel, ). (Entered: 04/02/1998)
961998-04-02 SEALED DOCUMENT placed in vault (fce) (jel, ). (Entered: 04/02/1998)
971998-04-02 SEALED DOCUMENT placed in vault (fce) (jel, ). (Entered: 04/02/1998)
981998-04-02 Letter to Judge Smith from Attorney Krackeler dated 3/16/98 advising that Dr. Jhaveri joins in the request to move the venue of the trial from Watertown for all of the reasons stted in D. Ford's letter of 3/5/98 (fce) (jel, ). (Entered: 04/02/1998)
991998-04-02 SEALED DOCUMENT placed in vault (fce) (jel, ). (Entered: 04/02/1998)
1001998-04-02 Letter to Judge Smith from Attorney Schmidt dated 3/24/98 in reply to plaintiff's 3/18/98 letter regarding defendants ex parte motion to seal. It is requested that plaintiff's request for a contempt order and costs be denied in light of the fact that Judge McAvoy authorized withdrawal of the motion to seal and directed papers to be returned to defendants. (fce) (jel, ). (Entered: 04/02/1998)
1011998-04-02 Letter to Judge Smith from counsel for the plaintiff dated 3/25/98 in reply to defendants' letter oppistion dated 3/24/98. Defendants attempt to mislead the Court by suggesting that Judge McAvoy ordered in in some way orally informed defendants, that they do not need to serve plaintiffs with their ex parte motion to seal. Judge McAvoy's memo endorsement of defendants 3/18/98 apllication simply allows to withdraw their motion not modify Judge Smith's order dated 3/17/98 (fce) (jel, ). (Entered: 04/03/1998)
1021998-04-02 Letter to Judge McAvoy from counsel for Dr. Goswami advising that they wish to join in the motion for a protective order submitted by Thuillez ford; as well as the motion to strike certain paragraphs in the amended complaint and the motion to seal. Also join in Mr ford's 2/26/98 letter brief seeking to strike certain plaintiff's interrogatories and request to change venue. (fce) (jel, ). (Entered: 04/03/1998)
1031998-04-02 SEALED DOCUMENT placed in vault (fce) (Additional attachment(s) added on 7/25/2013: # 1 SEALED DOCUMENT) (jel, ). (Entered: 04/03/1998)
1041998-04-02 SEALED DOCUMENT placed in vault (fce) (jel, ). (Entered: 04/03/1998)
1051998-04-02 SEALED DOCUMENT placed in vault (fce) (jel, ). (Entered: 04/03/1998)
1061998-04-06 ORDER, Plaintiffs' application to hold defendants in contempt is DENIED , Plaintiffs' opposition to defendants' motions for protective order shall be served within 14 days after service of this court's decision on defendants' motion to strike certain paragraphs of the complaint and reply papers by defendants are to be served within 28 days of the service of that decision , Parties who've been served with interrogatories shall serve a copy of the answers and objections, and shall serve written responses to outstanding request for production of documents within 30 days of the date of this order , non-party witnesses named in plaintiffs' complaint shall be deposed in Massena, NY on 5/12 through 5/14/98; plaintiffs' deposition shall commence on 6/8/98 in albany and shall continue until completed , defendants' motion for protective order and any opposition shall be filed under seal pending further order of this court , Defendants' motions to amend their answer and papers filed in opposition shall be filed under seal pending further order of this court. Dated 4/3/98 ( signed by Magistrate Judge Ralph W. Smith ) (fce) (jel, ). (Entered: 04/07/1998)
1071998-04-08 Letter to Judge Smith from Attorney Sabo dated 4/3/98 stating that Dr. Rowe-Button wishes to join in Don Ford's motion to amend his answer. (fce) (jel, ). (Entered: 04/09/1998)
1081998-04-08 Letter to Judge Smith from counsel for defendant Dr. Goswami dated 4/6/98 joining in the motion to amend the answer to asert certain affirmative defenses. (fce) (jel, ). (Entered: 04/09/1998)
1091998-04-08 Letter to Judge Smith from counsel for Defendant Dr. Burke dated 4/7/98 joining in the motion to amend the answer to assert additional affirmative defenses. (fce) (jel, ). (Entered: 04/09/1998)
1101998-04-08 Letter Judge Smith from counsel for Defendant Nicandri dated 4/7/98 joining in the motion to amend the answer and assert additional affirmative defenses. (fce) (jel, ). (Entered: 04/09/1998)
1111998-04-09 ORDER denying [71-1] amended motion by DEFTS' to Strike certain parts in Pltfs' [24-1] amended complaint ( signed by Magistrate Judge Ralph W. Smith ) (fce) (jel, ). (Entered: 04/09/1998)
1121998-04-15 ORDER, to Extend Time to the defendants' to appeal from the 4/9/98 order of this court until 10 days after the entrance of an order deciding protective order motion. ( signed by Magistrate Judge Ralph W. Smith ) (fce) (jel, ). (Entered: 04/15/1998)
1131998-04-21 Letter in response to Thuillez Ford's letter request or an extension of time to appeal the 4/9/98 order of Judge Smith, from Pollack & Greene dated 4/16/98. They do not oppose the request, to the extent that Mr Ford's defendant seek to relink the two motions, then their application sould be denied. (fce) (jel, ). (Entered: 04/22/1998)
1141998-04-21 Letter to Judge Smith dated 4/14/98 from Attorney Ford regarding several demands that have not been referenced in D. Schmidt's affidavit. Also, he joins in Dr. Schwam's motion for protective, which seeks to prohibit disclosure as to his billings. (fce) (jel, ). (Entered: 04/22/1998)
1151998-04-22 Letter to Judge Smith from attorney for Dr. Bakirtzian joining in on Mr. Ford's motion to amend answer, seeking same relief. (fce) (Entered: 04/23/1998)
1161998-04-22 Letter to Judge Smith from Ms Krackler attorney for Dr. Jhaveri joining in Massena Memorial Hospial's motion to amend answer, seeking same relif. (fce) (jel, ). (Entered: 04/23/1998)
1171998-04-22 Letter to Judge Smith dated 4/9/98 from Attorney for Dr. Bakirtzian joining in the motion to amend answer of D. Ford. (fce) (jel, ). (Entered: 04/28/1998)
1181998-04-29 Letter to Judge Smith dated 4/22/98 from attorneys for Dr. Mareca joining in the motion for protective order and the motion to amend the answer. Also stating that they will be filing a motion and request that it be sealed. (fce) (jel, ). (Entered: 04/29/1998)
1191998-04-29 Letter to Judge Smith dated 4/23/98 from attorneys for Dr. Burke requesting an extension of one week to serve their response to plaintiff's demands due to the volume of such documentation. (fce) (jel, ). (Entered: 04/29/1998)
1201998-04-29 Letter to Judge Smith dated 4/23/98 from Attorneys for Dr. Jhaveri in reference to the request for an extension to respond to plaintiff's demands of Dr. Burke's attorneys. Attorney Krackler agrees with Attorney Monserrate that this extension will not affect the depositions of non-party witnesses on May 11, 1998. (fce) (jel, ). (Entered: 04/29/1998)
1211998-04-29 Letter to Judge Smith dated 4/23/98 from attorney for Dr. Goswami joining in the request for a one week extension in which to respond to plaintiff's demand due to the volume of such documentation. (fce) (jel, ). (Entered: 04/29/1998)
1221998-04-29 Letter to Judge Smith dated 4/24/98 from attorneys for Dr. Schwam joining in the request for a one week extension in which to respond to plaintiff's demand. Also advising the Judge that due to the extension given to the plaintiff to respond to motion for protective order they will also need additional time to reply to plaintiff's submissions of the same. (fce) (jel, ). (Entered: 04/29/1998)
1231998-05-11 SEALED DOCUMENT placed in vault (fce) (jel, ). (Entered: 05/12/1998)
1241998-05-11 SEALED DOCUMENT placed in vault (fce) (jel, ). (Entered: 05/12/1998)
1251998-05-11 SEALED DOCUMENT placed in vault (fce) (jel, ). (Entered: 05/12/1998)
1261998-05-21 ORDER, Massena Memorial Hospital is to Provide pursuant to the confidentiality agreement, the medical charts of E. Chapman, V. Slate, A. Bush, M. Plantz, G. Laba, S. Fefee, C. Jock, R. Lugo. ( signed by Magistrate Judge Ralph W. Smith ) (fce) (jel, ). (Entered: 05/21/1998)
1271998-05-26 STIPULATION/Protective Order for the Production and Exchange of Confidential Information re: discovery demands ( signed by Magistrate Judge Ralph W. Smith, 5/26/98) (fce) (jel, ). (Entered: 05/29/1998)
1281998-06-05 SEALED DOCUMENT placed in vault (fce) (jel, ). (Entered: 06/05/1998)
1291998-06-05 SEALED DOCUMENT placed in vault (fce) (jel, ). (Entered: 06/05/1998)
1301998-06-12 SEALED DOCUMENT placed in vault (fce) (jel, ). (Entered: 06/12/1998)
1311998-06-16 RESPONSE by Sateesh K. Goswami in support of the protective order motion being submitted on behalf of Messena Memorial Hospital and as such, wishes to join in support of said reply papers. (fce) (jel, ). (Entered: 06/17/1998)
1321998-06-17 SEALED DOCUMENT placed in vault (fce) (jel, ). (Entered: 06/17/1998)
1331998-06-17 SEALED DOCUMENT placed in vault (fce) (Entered: 06/17/1998)
1341998-06-17 SEALED DOCUMENT placed in vault (fce) (Entered: 06/17/1998)
1351998-06-17 SEALED DOCUMENT placed in vault (fce) (Entered: 06/17/1998)
1361998-06-17 SEALED DOCUMENT placed in vault (fce) (Entered: 06/17/1998)
1371998-06-17 SEALED DOCUMENT placed in vault (fce) (Entered: 06/17/1998)
1381998-06-18 SEALED DOCUMENT placed in vault (fce) (Entered: 06/18/1998)
1391998-06-18 SEALED DOCUMENT placed in vault (fce) (Entered: 06/18/1998)
1401998-08-06 Letter application dated 8/3/98 received from Olof Franzon, Women's Medical & Surgical Health Care, P.C. requesting: leave to file a second amended complaint. (fce) (Entered: 08/06/1998)
1411998-09-30 Letter dated 9/29/98 to Magistrate Judge Smith from Donald P. Ford, Jr. in response to the plaintiff's proposed second amended complaint. Atyy. Ford, joins will all other counsel in opposing the second amended complaint. (tab) (Entered: 09/30/1998)
1421998-10-07 Cover letter to Magistrate Judge Smith dated 6/16/98 from defendant's attorney Donald P. Ford, Jr. submitting reply affidavit in response to Motion for protective orde. Letter lists interrogatories that have been objected to by the various parties. (tab) (Entered: 10/07/1998)
1431998-10-07 SUPPLEMENTAL AFFIDAVIT by Mitchell G. Mandell, Esq. as to Olof Franzon, Women's Medical & Re: in further opposition to the defendant's motion for protective order. (tab) (Entered: 10/07/1998)
1441998-10-07 SUPPLEMENTAL AFFIDAVIT by Olof Franzon Re: in opposition to motion for a protective order (tab) (Entered: 10/07/1998)
1451998-10-21 Letter from Attorney Schmidt to Judge Smith dated June 18, 1998 stating defendant's objection to plaintiff's second request for production of documents of 4/20/98 and requesting a protective order be issued declaring that defendants do not have to produce these documents. (fce) (Entered: 10/21/1998)
1461997-10-21 Letter to Judge Smith from Attorney Schmidt (Maresca, M.D.) dated August 18, 1998 stating his opposition to plaintiff's second amended complaint submitted to the Court with request to amend by letter dated August 3, 1998. (fce) (Entered: 10/22/1998)
1471998-10-21 ORDER, If plaintiffs wish to respond to defendants' letter brief of 9/29/98, they are to file and serve such opposition within 15 days of the the date of this order (signed by Magistrate Judge Ralph W. Smith on 10/21/98) (jel) (Entered: 10/22/1998)
1481998-10-21 MEMORANDUM-DECISION AND ORDER, that defendants' motion for a protective order allowing them not to respond to Requests No. 1, 2 and 3 is GRANTED , that defendants shall respond to Request No. 4 either by disclosing the documents or asserting an appropriate objection (signed by Magistrate Judge Ralph W. Smith on 10/21/98) (jel) (Entered: 10/22/1998)
1491998-10-21 MEMORANDUM-DECISION AND ORDER, that defendants' motion for an order protectiong defendants from having to disclose (1) peer review, quality assurance and credentialing material for any physician other than Dr. Franzon; (2) patient charts and records other than patients of Dr. Franzon; (3) minutes of any committee meeting not relating to Dr. Franzon; (4) information on MMH's bad debts; (5) conflict of interest statements; (6) physician billing records is GRANTED , specifically that defendant need not respond to the following Requests for Documents for the reason given: Requests No. 1-12,16-20,24,27,37,39,41,42,51-54,59,60,65-74,81,83-88,94, 1 03,109,114,115 and 117-121 (defendants have previously provided adequate responses); Requests No. 12,21-23,44-50,55,61-64,76-80,82,90,91,96-102,104,105,107,1 0 8,110-113,116 and 122 (irrelevant as purported evidence of disparate treatment); Requests 14,15,28,29,43,56,57,58 and 95 (irrelevant and privileged); Requests No. 25,26,30,31,34,40,75,92,93 and 106 (of no conceivable relevance whatsoever); Request No. 32 (burdensome and irrelevant); Requests No. 35,36,38,89 (not in possession of the defendants); Request No. 33 (not sufficiently described in request); , that defendants need not respond to: Interrogatories No. 10(f),34-37,40-43,46-49,54-57,60-63 and 66-69 (irrelevant as purported evidence of disparate treatment); Interrogatroy No. 70 (defendants have provided adequate response); Interrogatories No. 71-75 (irrelevant and privileged) , that defendants need not respond to Interrogatories no. 14 and 16 until plaintiff specifies the claim or defense to which he refers , that defendants shall provide the names and business addresses on any expert witness retained or specificaly employed in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, as requested in Interrogatory No. 12 (signed by Magistrate Judge Ralph W. Smith on 10/21/98) (jel) (Entered: 10/22/1998)
1501998-11-02 MOTION by Plaintiff's Appealing Mag/Judge Smith's orders, both filed on 10/21/98 Motion returnable before Judge Thomas J. McAvoy [Pltf's attorney directed to submit amended notice of motion] (amt) (Entered: 11/04/1998)
1511998-11-02 AFFIDAVIT by Pltfs' in support of [150-1] motion by Plaintiff's Appealing Mag/Judge Smith's orders, both filed on 10/21/98 (amt) (Entered: 11/04/1998)
1521998-11-02 MEMORANDUM by Pltfs' in support of [150-1] motion by Plaintiff's Appealing Mag/Judge Smith's orders, both filed on 10/21/98 (amt) (Entered: 11/04/1998)
1531998-11-06 LETTER REQUEST dated 10/2/98 by Simon I. Alleentuch, Esq., for the plaintiff and ORDER, to extend plaintiff's time to submit its reply papers to 15 days after they have been served with defendants' opposition papers (signed by Magistrate Judge Ralph W. Smith on 11/4/98) (jel) (Entered: 11/06/1998)
1541998-11-10 MOTION by Pltfs' Appealing Mag/Judge Smith's orders filed on 10/30/98 , Hearing set for 10:00am on 12/14/98, Response Deadline 11/30/98, Reply to Response Deadline 12/7/98 (amt) (Entered: 11/13/1998)
1551998-11-24 Letter application received from Olof Franzon, Women's Medical & requesting: withdrawing previous application concerning the proposed Second Amended Complaint and submitting a new proposed complaint to eliminate a substantial portion of defendants opposition. (jel) (Entered: 11/27/1998)
1561998-11-27 Letter of Atty Ford to the Court dd 11/25/98 advising that the brief should be sealed in accordance w/Mag. Judge Smith's previous order and requesting that the motions be taken on submission (amt) (Entered: 11/27/1998)
1571998-11-27 SEALED DOCUMENT placed in vault (amt) (Entered: 11/27/1998)
1581998-11-30 Letter dated 11/17/98 by Debra J. Schmidt, Esq., for the defendants stating some supporting affidavits and documentation fall in the the class of documents which were deemed irrelvant by the court and therefore should deny plaintiff's request for review; would submit for incamera review. (jel) (Entered: 11/30/1998)
1591998-11-30 ORDER, that all papers with respect to the motion for protective order as to interrogatories and document requests be and were filed under seal (signed by Magistrate Judge Ralph W. Smith on 11/30/98) (jel) (Entered: 11/30/1998)
1601998-12-03 COURT NOTICE to all counsel dd 12/3/98 advising that the [154-1] motion will be taken on submit; no appearances are necessary [served] (amt) (Entered: 12/03/1998)
1611998-12-04 LETTER of Mitchell G. Mandell, Esq. dd 12-03-98 on behalf of Pltfs and request oral argument in this matter (pta) (Entered: 12/04/1998)
1621998-12-04 REPLY by Olof Franzon, Women's Medical & to response to [154-1] amended motion by Pltfs' Appealing Mag/Judge Smith's orders filed on 10/30/98 (pta) (Entered: 12/04/1998)
1631998-12-04 Letter dated 12/3/98 by Debra J. Schmidt stating there was an error in brief. Page 31 erroneously refers to appendix B which should have been deleted; also annexed is an unpublished decision which is referenced on page 31 that should have been submitted. (jel) (Entered: 12/07/1998)
1641998-12-01 Respondents' Brief by Donald P. Ford, Jr., Esq. for defendants in opposition to the [154-1] motion. (Copy treated as original per chambers). (jel) (Entered: 12/07/1998)
1651998-12-07 LETTER/RESPONSE by Deft Jhaveri to the Court dd 12/3/98 to [154-1] amended motion by Pltfs' Appealing Mag/Judge Smith's orders filed on 10/30/98 (amt) (Entered: 12/07/1998)
1661998-12-07 LETTER/RESPONSE by Deft Burke to the Court dd 12/3/98 to [154-1] amended motion by Pltfs' Appealing Mag/Judge Smith's orders filed on 10/30/98 (amt) (Entered: 12/07/1998)
1671998-12-08 SEALED RESPONSE by Deft Schwam to the Appeal of Mag/Judge Smith's order (amt) (Entered: 12/09/1998)
1681998-12-10 LETTER/RESPONSE by Michael Maresca to [154-1] amended motion by Pltfs' Appealing Mag/Judge Smith's orders filed on 10/30/98 (amt) (Entered: 12/10/1998)
1691998-12-11 LETTER on behalf of pursuant to Local Rule 7.1(b) regarding Motion: for joinder or consolidation of action 98-cv-1013 and 97-cv-150 or permission for Healthcare Underwriters Mutal Insurance to intervene as plaintiff in this action for the prupose of asserting the claims for declaratory relief served. (fce) (Entered: 12/11/1998)
1701998-12-11 SEALED DOCUMENT Deft Goswami's response dd 12/9/98 to Pltf's Appeal of Mag/Judge Smith's order (amt) (Entered: 12/15/1998)
1711998-12-14 LETTER of Atty O'Connor on behalf of Healthcare Underwriters dd 12/10/98 pursuant to Local Rule 7.1(b) re: Service of their Cross-motion to consolidate w/98-cv-1013 and in opposition to Federal Insurance Co.'s motion to dismiss served. (amt) (Entered: 12/16/1998)
1721998-12-15 SEALED DOCUMENT by Deft Bakirtzian dd 12/14/98 responding to Ptlf's Appeal of Mag/Judge Smith's order (amt) (Entered: 12/16/1998)
1731998-12-16 Minute entry: MOTION CALENDAR HELD 12/14/98 bef Chief Judge McAvoy in Albany, NY: APP: None; CR: B. Buckley; LC/SE. Pltf's [154-1] amended motion Appealing Mag/Judge Smith's orders filed on 10/30/98 - TAKEN ON SUBMIT. (cml) (Entered: 12/18/1998)
1741998-12-21 RESPONSE by Stephen T. Helmer, Esq., for Bedros Bakirtzian to the [155-1] letter/application withdrawing amended complaint and to file second amended complaint. (jel) (Entered: 12/23/1998)
1751998-12-21 AFFIDAVIT/DECLARATION along with Exhibits 1-4 and A-F by Mark W. Blanchfield, Esq., for State Farm Fire and Casualty Company Re: in support of the [175-1] motion to Intervene. (jel) (Entered: 12/28/1998)
1761998-12-21 MEMORANDUM OF LAW by Mark W. Blanchfield, Esq., for State Farm Fire and Casualty Company in support of the [175-1] motion to Intervene. (jel) (Entered: 12/28/1998)
1771998-12-24 Deft Rowe-Button Atty Sabo 12/21/98 ltr to court advising that they join in Atty Ford request that Mag/Judge Smith's Order should be affirmed in its entirety (plp) (Entered: 12/28/1998)
1781998-12-28 Copy of Atty Krackeler 12/22/98 ltr to Atty Blanchfield re: the filing of an answer in the declaratory judgment action (plp) (Entered: 12/28/1998)
1791998-12-29 ORDER granting in part, denying in part [154-1] amended motion by Pltfs' Appealing Mag/Judge Smith's orders filed on 10/30/98; Court affirms the Order dated 10/21/98; and the Order filed on 10/21/98, which granted the motion for an order protecting Defts from having to disclose certain information is REVERSED AND REMANDED for further consideration consistent with this opinion (signed by Chief Judge Thomas J. McAvoy on 12/28/98) (amt) (Entered: 01/05/1999)
1801998-12-31 AMENDED MOTION by State Farm Fire to Intervene , Hearing set for 1/22/99, 10:00 a.m. in Binghamton, Response 1/8/99, Reply 1/15/99 (amends [175-1] motion to Intervene by State Farm Fire and Casualty Company) (plp) (Entered: 01/05/1999)
1811999-01-27 Minute entry: MOTION CALENDAR HELD 1/22/99 bef Chief Judge McAvoy in Binghamton, NY: APP: Mark Blanchfield, Esq. for Intevenor State Farm; CR: V. Theleman; LC/SE. Deft State Farm's [180-1] amended motion to intervene - DENIED. (cml) (Entered: 01/28/1999)
1821999-02-10 COPY LETTER of Mary C. Burns, Esq. to Mitchell Mandell, Esq. re: discovery (pta) (Entered: 02/10/1999)
1831999-03-12 ORDER granting Deft Federal Insurance's Motion to Dismiss in 98-cv-1013; and denying as moot Deft State Farm's [180-1] amended motion to Intervene ( signed by Chief Judge Thomas J. McAvoy ) (amt) (Entered: 03/12/1999)
1841999-05-10 NOTICE of attorney appearance for Steven Schwam by Frances A. Ciardullo, Esq., of Fager & Amsler be substituted for Warren W. Bader, Esq., of Costello, Cooney & Fearon, LLP. (jel) (Entered: 05/14/1999)
1851999-05-21 Change of Address received. Effective date: 5/17/99 from/for Francis A. Ciardullo, Esq., for defendant Steven Schwam New Address and Firm: Fager & Amsler, 2 Clinton Square, Syracuse, NY 13202 Phone: (315) 428-1380. (jel) (Entered: 05/21/1999)
1861999-06-07 letter request dated 5/28/99 to Magistrate Judge Smiyh from defendant's counsel Donald P. Ford, Esq. regarding discovery. Letter indicates that the Court's assistance is necessary in identifying those materials that plaintiffs will provide without objection and as to those items obtain a Court Order as to when the materials must be provided. Attached are plaintiff's interrogatories without attachments. (tab) (Entered: 06/08/1999)
1871999-06-07 letter dated 6/1/99 by defendant's attorney Ford indicating that the answers to interrogatories inadvertently were not attached to letter dated 5/28/99 (document # 186): Copy of ANSWER to Interrogatories filed by Olof Franzon, Women's Medical & (tab) (Entered: 06/08/1999)
1881999-06-07 Letter dtaed 6/2/99 from defendant Jhaveri, MD attorney Christine Kirwin Krackler indicating that they also join in the request to address numerous outstanding requests for disclosure from the plaintiff. (tab) (Entered: 06/08/1999)
1891999-06-07 Letter dated 6/3/99 from defendant Steven Schwam's attorney Frances Cardullo, Esq. indicating that they too will join in on the request to address numerous discovery issues as outlined in Atty Ford's letter as well as some additional concerns as outlined in this submission. (tab) (Entered: 06/08/1999)
1901999-06-08 ORDER, that defendants are to disclose the affidavits of Kenneth Maxik, Donald P. Ford, Jr., Esq., and Michele M. Monserrate, Esq., all dated 3/5/98, together with their attachments (signed by Magistrate Judge Ralph W. Smith on 6/8/99) (jel) (Entered: 06/09/1999)
1911999-06-08 ORDER granting in part, denying in part defendant's [145-1] motion for a protective order (signed by Magistrate Judge Ralph W. Smith on 6/8/99) (jel) (Entered: 06/09/1999)
1921999-06-10 Letter dated 6/8/99 by Stephen T. Helmer, Esq., for Bedros Bakirtizian, M.D. stating to join Mr. Ford's request. (jel) (Entered: 06/10/1999)
1931999-06-10 Letter dated 6/8/99 by Mary C. Burns, Esq., for Sateesh K. Goswami, M.D. stating are joining Mr. Ford's request to address numerous outstanding requests for disclosure from the plaintiff. (jel) (Entered: 06/10/1999)
1941999-06-21 MOTION by Defts Massena Memorial, Medical Executive, WAtson, Buscemi, Maxik, Choi, and Corcoran appealing Mag/Judge Smith's Orders , Hearing set for 10:00am on 8/9/99 in Albany, NY; Motion returnable before Judge Thomas J. McAvoy (amt) (Entered: 06/21/1999)
1951999-06-21 APPEAL of Magistrate decision to District Court (Hearing set for 8/9/99 at 10:00am in Albany (amt) (Entered: 06/21/1999)
1961999-06-21 Appellant's Brief in support of Defts' Motion/Magistrate appeal on 8/9/99 at 10:00am in Albany (amt) (Entered: 06/21/1999)
1971999-06-18 APPEAL of Magistrate decision to District Court (amt) (Entered: 06/21/1999)
1981999-06-18 AFFIDAVIT by Frances Ciardullo on behalf of Deft Schwam in support of [197-1] Magistrate appeal (amt) (Entered: 06/21/1999)
1991999-06-18 Appellant Schwam's Brief in support of [191-7] appeal. (amt) (Entered: 06/21/1999)
2001999-06-21 COURT NOTICE to counsel dd 6/21/99 setting Deft Schwam's [197-1] Appeal of Magistrate Judge Smith Orders on 8/9/99 at 10:00am in Albany ; Response Deadline 7/26/99; Motion returnable before Judge Thomas J. McAvoy (amt) (Entered: 06/21/1999)
2011999-06-22 Letter of Atty Ciardullo to the court dd 6/21/99 requesting that the Appeal by Deft Schwam be heard on 8/9/99 at 10:00am in Albany (amt) (Entered: 06/22/1999)
2021999-06-24 RESPONSE by Deft Goswami dd 6/22/99 joining the [194-1] motion by Defts Massena Memorial, Medical Executive, WAtson, Buscemi, Maxik, Choi, and Corcoran appealing Mag/Judge Smith's Orders (amt) (Entered: 06/24/1999)
2031999-06-25 MOTION by Deft Burke Appealing Orders by Magistrate Judge Smith , Hearing set for 10:00am on 8/9/99 in Albany, Response Deadline 7/26/99 Motion returnable before Judge Thomas J. McAvoy (amt) (Entered: 06/25/1999)
2041999-06-25 APPEAL of Magistrate decision to District Court by Deft Burke (amt) (Entered: 06/25/1999)
2051999-06-25 AFFIDAVIT by Michele Monserrate on behalf of Deft Burke in support of [204-1] Magistrate appeal and [203-1] motion by Deft Burke Appealing Orders by Magistrate Judge Smith (amt) (Entered: 06/25/1999)
2061999-06-25 MOTION by Deft Jhaveri Appealing Order by Magistrate Judge Smith , Hearing set for 10:00am on 8/9/99 in Albany, Response Deadline 7/26/99 Motion returnable before Judge Thomas J. McAvoy (amt) (Entered: 06/25/1999)
2071999-06-25 APPEAL of Magistrate decision to District Court by Deft Jhaveri (amt) (Entered: 06/25/1999)
2081999-06-25 AFFIDAVIT by Christine Krackeler on behalf of Deft Jhaveri in support of [207-1] Magistrate appeal, [206-1] motion by Deft Jhaveri Appealing Order by Magistrate Judge Smith (amt) (Entered: 06/25/1999)
2091999-06-28 Deft Bakirtzian Atty Helms 6/25/99 ltr to court re: appeal to Mag/Judge Smith 6/8/99 Order re: protective order (plp) (Entered: 06/28/1999)
2101999-06-24 Letter dated 6/22/99 by Mary C. Burns, Esq., for Sateesh K. Goswami, M.D. stating they are joining Don Ford's Notice of Motion, Notice of Appeal and Brief of Appeal as they pertain to her client. (jel) (Entered: 06/29/1999)
2111999-07-01 LETTER of Thomas S. Brett, Esq. dd 6-30-99 advising the Court that to the extent that any documents sought to be protected relate to Dr. Maresca, we join, in his behalf, in the arguments made by Ms. Schmidt and Ms. Ciardullo (pta) (Entered: 07/01/1999)
2121999-07-06 RESPONSE by Christine Rowe-Button advising they join in Deft Schwam's [197-1] Appeal of Magistrate Judge Smith Orders on 8/9/99 at 10:00am in Albany, [194-1] motion by Defts Massena Memorial, Medical Executive, Buscemi, Maxik, Choi, and Corcoran appealing Mag/Judge Smith's Orders (amt) (Entered: 07/06/1999)
2131999-07-06 Letter of Atty Schmidt on behalf of Defts to the Court w/information that was omitted from their motion brief in connection with the appeal of Magistrate Smith's Orders (amt) (Entered: 07/06/1999)
2141999-07-16 Letter of Atty Scott to the Court dd 7/13/99 confirming that Healthcare Association of NYS was granted leave by the Court to file a brief as amicus curiae no later than 7/26/99 (amt) (Entered: 07/19/1999)
2151999-07-15 AFFIDAVIT/DECLARATION along with Exhibits A-F by Mitchell G. Mandell, Esq., for Olof Franzon, Women's Medical & Re: in support of the [215-1] motion for Leave to File Second Amended Complaint (jel) (Entered: 07/19/1999)
2161999-07-19 Court Scheduling Notice dated 7/19/99 by John E. Law, deputy clerk, rescheduling motion for leave to serve and file a second amended complaint from 8/2/99 at 10:00 a.m. to 9/2/99 at 9:30 a.m. before Judge Ralph W. Smith, Jr. in Albany. (jel) (Entered: 07/19/1999)
2171999-07-22 Pltf Atty Mandell 7/20/99 ltr to court confirming that they have until 7/30/99 to file brief in opposition to deft collective appeal (plp) (Entered: 07/22/1999)
2181999-07-26 AFFIDAVIT along with Exhibits A-H by Thomas S. Brett, Esq., for Michael Maresca Re: in support of the [218-1] motion to Compel Discovery (jel) Modified on 07/27/1999 (Entered: 07/27/1999)
2191999-07-26 Brief of Amicus Curiae Healthcare Association of New York State in support of Defendant, Massena Memorial Hospital by Jeffrey J. Sherrin, Esq. (jel) (Entered: 07/27/1999)
2201999-07-26 NON-PARTY RESPONSE LETTER of Medical Society of State/NY by Donald Moy, Esq. dtd 7/22/99 in support of defts' [207-1] Magistrate appeal (cml) (Entered: 07/27/1999)
2211999-07-30 RESPONSE/BRIEF by Mitchell G. Mandell, Esq., for Olof Franzon, Women's Medical & to [206-1] motion by Deft Jhaveri Appealing Order by Magistrate Judge Smith, [203-1] motion by Deft Burke Appealing Orders by Magistrate Judge Smith, [200-1] motion Deft Schwam's [197-1] Appeal of Magistrate Judge Smith Orders on 8/9/99 at 10:00am in Albany, [194-1] motion by Defts Massena Memorial, Medical Executive, WAtson, Buscemi, Maxik, Choi, and Corcoran appealing Mag/Judge Smith's (jel) (Entered: 08/02/1999)
2221999-08-02 Deft Schwam MOTION to Compel , for Attorney Fees , Hearing set for 9/2/99, 9:30 a.m. in Albany before Mag/Judge Smith, Response 8/19/99, Reply 8/26/99 (plp) (Entered: 08/02/1999)
2231999-08-02 AFFIDAVIT of Frances A. Ciardullo, Esq. obo Deft Steven Schwam in support of [222-1] motion to Compel, [222-2] motion for Attorney Fees; Exhibits A-C; Proposed Order (plp) (Entered: 08/02/1999)
2241999-08-02 COURT NOTICE to counsel dd 8/2/99 advising that the pending motion will be taken on submit; no appearances are necessary [served] (amt) (Entered: 08/02/1999)
2251999-08-10 RESPONSE AFFIDAVIT by Donald P. Ford for Massena Memorial, Board of Managers of, Medical Executive, James B. Watson, Melchiore L. Buscemi, Kenneth Maxik, Tae-Sik Choi, Tina Corcoran in OPPOSITION to [215-1] motion for Leave to File Second Amended Complaint (fce) (Entered: 08/11/1999)
2261999-08-11 Minute entry: MOTION CALENDAR HELD 8/09/99 bef Chief Judge McAvoy in Albany, NY: APP: None; CR: T. Berical; LC/SE. Deft Jhaveri's [206-1] motion Appealing Order by MJ Smith; and, Deft Burke's [203-1] motion Appealing Orders by MJ Smith; and, [194-1] motion by Defts Massena Memorial, Medical Executive, Watson, Buscemi, Maxik, Choi & Corcoran appealing MJ Smith's Orders; and, Deft Schwam's [197-1] motion appealing MJ Smith's Orders - TAKEN ON SUBMIT. (cml) (Entered: 08/11/1999)
2271999-08-12 ORDER affirming Mag/Judge Smith's Order and denying Defts' Magistrate appeals (signed by Chief Judge Thomas J. McAvoy) Date Entered: 8/12/99 (amt) (Entered: 08/12/1999)
2281999-08-11 AFFIDAVIT by Donald P. Ford, Jr., Esq., for Massena Memorial, Board of Managers of, Medical Executive, James B. Watson, Melchiore L. Buscemi, Kenneth Maxik, Tae-Sik Choi, Tina Corcoran Re: in support of the [228-1] motion to Compel Discovery (jel) (Entered: 08/12/1999)
2291999-08-12 Court Scheduling Notice dated 8/12/99 by John Law, Deputy Clerk, rescheduling Notice of Motion to Compel from 9/2/99 to 10/7/99 at 9:30 a.m. before Judge Ralph W. Smith, Jr. in Albany. (jel) (Entered: 08/12/1999)
2301999-08-16 LETTER of Atty Ford on behalf of Defts Massena Memorial, Board of Managers, Medical Executive, Watson, Bakirtzian, Buscemi, Nicandri, and Corcoran pursuant to Local Rule 7.1(b) re: Motion Summary Judgment served. (amt) (Entered: 08/16/1999)
2311999-08-12 AFFIDAVIT by Christine Kirwin Krackeler, Esq., for Jayant J. Jhaveri Re: in opposition to the [215-1] motion for Leave to File Second Amended Complaint (jel) (Entered: 08/17/1999)
2321999-08-12 AFFIDAVIT along with Exhibits A-D by Christine Kirwin Krackeler, Esq., for Jayant J. Jhaveri Re: in support of the [232-1] motion to Compel plaintiff to respond to discovery requests, in support of the [232-2] motion that the causes of action against Dr. Jhaveri be dismissed, in support of the [232-3] motion that plaintiffs to pay reasonable attorney's fees and costs in bringing the within motion (jel) (Entered: 08/17/1999)
2331999-08-13 Letter dated 8/12/99 by Alvin O. Sabo, Esq., for Christine Rowe-Button, M.D. stating they join in arguments made in the papers in opposition to the motion to amend and in support of the motion to compel discovery. (jel) (Entered: 08/17/1999)
2341999-08-19 Court Scheduling Notice dated 8/19/99 by John Law, Deputy Clerk, rescheduling motion per chambers; Motion Hearing reset for 9:30 a.m. on 10/7/99 re: [232-1] motion to Compel plaintiff to respond to discovery requests, reset for 9:30 a.m. on 10/7/99 re: [232-2] motion that the causes of action against Dr. Jhaveri be dismissed, reset for 9:30 a.m. on 10/7/99 re: [232-3] motion that plaintiffs to pay reasonable attorney's fees and costs in bringing the within motion (jel) (Entered: 08/19/1999)
2351999-08-19 Letter of Atty Ciardullo to the Court dd 8/17/99 advising that Deft Schwam joins in opposing Pltf's proposed second amended complaint (amt) (Entered: 08/19/1999)
2361999-08-23 Letter of Atty Burns to the Court dd 8/18/99 advising that Deft Goswami joins in defts' motion to amend the complaint (amt) (Entered: 08/23/1999)
2371999-08-23 Letter of Atty Ford to the Court dd 8/19/99 enclosing copies of a newspaper article which was inadvertently left out of the affidavit submitted in connection w/motion to amend (amt) (Entered: 08/23/1999)
2381999-08-23 Letter dated 8/18/99 by Ramona L. Rabeler, Esq., for G. Michael Maresca stating they join in the arguments made in the papers in opposition to the motion to amend. (jel) (Entered: 08/23/1999)
2391999-08-23 Letter dated 8/18/99 by Mary C. Burns, Esq., for Sateesh K. Goswami stating they join the motion to compel discovery. (jel) (Entered: 08/23/1999)
2401999-08-25 MOTION by Defts Massena Memorial Hospital+ to Vacate [227-1] order and/or leave to appeal to second circuit. Hearing set for 10:00 9/24/99 in Binghamton, NY, Response Deadline 9/10/99 Motion returnable before Judge: McAvoy; AFFIDAVIT of Ford, Esq. with exh. A (sfp) Modified on 09/01/1999 (Entered: 08/25/1999)
2411999-08-25 MEMORANDUM OF LAW by Massena Memorial, Board of Managers of, Medical Executive, Jayant J. Jhaveri, James B. Watson, Bedros Bakirtzian, Christine Rowe-Button, Sateesh K. Goswami, Steven Schwam, Melchiore L. Buscemi, Edward Burke, Michael Maresca, Tina Corcoran in support of [240-1] motion Defts Massena Memorial Hospital+ to Vacate [227-1] order (sfp) (Entered: 08/25/1999)
2421999-08-27 NOTICE of attorney appearance for Bedros Bakirtzian by Stephen T. Helmer dd 8/26/99 (amt) (Entered: 08/27/1999)
2431999-08-30 Letter indicating that Defendant Sateesh K. Goswami joins in defendant's opposition to plaintiff's motion to amend complaint (tab) (Entered: 08/31/1999)
2441999-08-30 Letter indicating that defendant Edward Burke, M.D. joins in and fully adopts the arguments raised in the motions to compel submitted by various defendants. (tab) (Entered: 08/31/1999)
2451999-08-30 Letter indicating that defendant Edward Burke, M.D. joins in opposition to plaintiff's motion to amend complaint. (tab) (Entered: 08/31/1999)
2461999-08-30 Letter by Atty Krackeler to the court dd 8/26/99 advising that Deft Jhaveri joins in the motion of Massena (sfp) (Entered: 08/31/1999)
2471999-09-01 Letter by Atty Brett to the court dd 8/31/99 advising that Deft Maresca joins in the motion of Massena (sfp) (Entered: 09/01/1999)
2481999-09-01 RESPONSE AFFIDAVIT by Steven Schwam to [240-1] motion Defts Massena Memorial Hospital+ to Vacate [227-1] order (amt) (Entered: 09/01/1999)
2491999-09-02 Letter by Atty Monserrate to the court dd 8/31/99 advising that Deft Burke joins in the motion of Massena (sfp) (Entered: 09/02/1999)
2501999-09-02 Letter by Atty Burns to the court dd 9/1/99 advising that Deft Goswami joins in the motion of Massena (sfp) (Entered: 09/02/1999)
2511999-09-08 Letter by Mary C. Burns dated 9/1/99 to the Court indicating that defendant Sateesh K. Goswami joins in the motion of Massena Memorial Hospital, for the reasons stated in Donald Ford's affidavit and supporting papers. (tab) (Entered: 09/13/1999)
2521999-09-15 Letter of Atty Helmer to the court dd 9/14/99 advising that Deft Bakirtzian joins in the motion of Massena Memorial (amt) (Entered: 09/15/1999)
2531999-09-13 Letter from Richard F. Hunter, Esq. dated 9/9/99 to the Court on behalf of defendant Lois Nicandri indicating that defendant Nicandri join in on the arguments made by defendants Massena Memorial Hospital in opposition to plaintiff's motion to amend complaint. (tab) (Entered: 09/15/1999)
2541999-09-16 Letter of Atty Mandell to the Court dd 9/15/99 advising he is submitting his memo in opposition to motion for leave to appeal upon permission of Chief Judge McAvoy's chambers (amt) (Entered: 09/16/1999)
2551999-09-16 PLTFS' MEMORANDUM in opposition to [240-1] motion by Defts Massena Memorial Hospital+ to Vacate [227-1] order and/or leave to appeal (amt) (Entered: 09/16/1999)
2561999-09-21 COURT NOTICE to counsel dd 9/20/99 advising that the pending motion will be taken on submit; no appareances are necessary [served] (amt) (Entered: 09/21/1999)
2571999-09-22 Letter dated 9/14/99 from attorney Stephen T. Helmer indicating that he represents defendant Dr. Bedros Bakirtzian and that defendant Bakirtzian joins in on the motion to reconsider served by defendant Massena Hospital. (tab) (Entered: 09/24/1999)
2581999-09-22 Letter by Michele Monserrate, Esq indicating that her firm represents defendant Edward Burke, MD and that they also join in on the Motion for reconsideration filed by Massena Hospital. (tab) (Entered: 09/24/1999)
2591999-09-23 Letter dated 8/19/99 to Magistrate Judge Smith from Donald P. Ford, Esq. requesting and adjourment on the motion to amend the complaint until mid-October. (tab) (Entered: 09/24/1999)
2601999-09-23 Letter dated 8/13/99 from Stephen T. Helmer to Magistrate Judge Smith indicating defenadnt's Bakirtzian renewed opposition to Plaintiffs' proposed second amended complaint. (tab) (Entered: 09/24/1999)
2611999-09-24 Minute entry: MOTION CALENDAR HELD 9/24/99 bef Chief Judge McAvoy in Binghamton, NY: APP: None; CR: V. Theleman; LC/SE. [240-1] motion by Defts Massena Memorial Hospital+ to Vacate [227-1] Order - TAKEN ON SUBMIT (sfp) (Entered: 09/27/1999)
2621999-09-27 ORDER denying [240-1] motion by Defts Massena Memorial Hospital+ to Vacate [227-1] order or for leave to file an interlocutory appeal( signed by Chief Judge Thomas J. McAvoy ) (amt) (Entered: 09/28/1999)
2631999-10-15 LETTER REQUEST of Mitchell G. Mandell, Esq. dd 10-24-99 the Court preclude Defts from pursuing their motion for Summary Judgment pending the completion of discovery [forward to Chambers] (pta) (Entered: 10/15/1999)
2641999-10-19 DECISION AND ORDER, denied without prejudice Pltf's request that Deft Tae-Sik Choi's Motion for Summary Judgment be stayed pending discovery Pltf is granted leave to file an affidavit addressing the discussed factors to be filed no later than Thurs. 10-21-99. Pltf's time to serve papers in opposition to Deft Choi's motion is extended until 10-29-99 ( signed by Chief Judge Thomas J. McAvoy dd 10-18-99 ) Date Entered: 10/19/99 (pta) (Entered: 10/19/1999)
2651999-10-20 Letter of Atty Ford to the Court dd 10/18/99 in response to Pltf's letter dd 10/14/99 [copy forwarded to chambers/LC for consideration] (amt) (Entered: 10/20/1999)
2661999-10-25 AFFIDAVIT by Pltf's in accordance w/Court's [264-1] order and in support of Pltf's request that Deft Tae-Sik Choi's Motion for Summary Judgment be stayed pending discovery (amt) (Entered: 10/25/1999)
2671999-10-25 Letter of Atty Ford to the Court dd 10/22/99 in response to Pltf's request to stay the motion for summary judgment (amt) (Entered: 10/25/1999)
2681999-10-26 ORDER, advising the Court will not accept a motion for summary judgment on behalf of Deft Choi unless the deft has provided certain discovery; Deft Choi is granted leave to re-serve the motion once the discovery request has been satisfied ( signed by Chief Judge Thomas J. McAvoy ) Date Entered: 10/26/99 (amt) (Entered: 10/26/1999)
2691999-10-29 Letter dated 10/5/99 to Magistrate Judge Smith from Mitchell G. Mandell, Esq. requesting that a conference be scheduled in order to discuss scheduling of all outstanding discovery in this case. (tab) (Entered: 10/29/1999)
2701999-11-01 ORDER granting [228-1] motion to Compel Discovery as outlined in this Order: Ordered that within 60 days of service of this order, plaintiff shall provide to defendant(s) discovery as listed.( signed by Magistrate Judge Ralph W. Smith ) Date Entered: 11/5/99 (tab) (Entered: 11/05/1999)
2711999-11-01 ORDER granting [218-1] motion to Compel Discovery to the extent as it is outlined in the body of this order. Discovery demands as outlined are to be provided to defendant(s) within 60 days of service of this order.( signed by Magistrate Judge Ralph W. Smith ) (tab) (Entered: 11/05/1999)
2721999-11-01 ORDER granting [222-1] motion to Compel as outlined in the body of this order( signed by Magistrate Judge Ralph W. Smith ) (tab) (Entered: 11/05/1999)
2731999-11-01 ORDER granting [232-1] motion to Compel plaintiff to respond to discovery requests as outlined in the body of the Order( signed by Magistrate Judge Ralph W. Smith ) (tab) (Entered: 11/05/1999)
2741999-11-03 ORDER granting in part, denying in part [215-1] motion for Leave to File Second Amended Complaint: Plaintiff's motion is Granted except as to their attempt to add the Town of Massena as a defendant. ( signed by Magistrate Judge Ralph W. Smith ) (tab) (Entered: 11/05/1999)
2751999-11-17 AFFIDAVIT of Service by Massena Memorial Re: Motion for Summary Judgment, Memorandum and Statement of Facts upon attorneys (pta) (Entered: 11/17/1999)
2761999-12-09 ORDER mooting [232-2] motion that the causes of action against Dr. Jhaveri be dismissed, denying [232-3] motion that plaintiffs to pay reasonable attorney's fees and costs in bringing the within motion, denying [222-2] motion for Attorney Fees ( signed by Magistrate Judge Ralph W. Smith ) Date Entered: 12/16/99 (tab) (Entered: 12/16/1999)
2771999-12-10 NOTICE/ORDER, set Status Conference for 2:00 1/13/00 ( signed by Magistrate Judge Ralph W. Smith ) (tab) (Entered: 12/17/1999)
2781999-12-28 LETTER on behalf of Olof Franzon, Women's Medical & pursuant to Local Rule 7.1(b) regarding Motion: Summary Judgment opposition papers served. (tab) (Entered: 01/03/2000)
2792000-01-06 Scheduling Notice/Order:, Resetting Status Conference for 2:00 2/22/00 (tab) (Entered: 01/07/2000)
2802000-01-07 LETTER of atty Ford on behalf of Defts' Massena Memorial, Board of Managers, Medical Executive, Watson, Buscemi, Nicandri, and Corcoran pursuant to Local Rule 7.1(b) re: Defts' Motion for Summary Judgment served. (amt) (Entered: 01/07/2000)
2812000-01-18 MOTION by Defts Massena Memorial, Board of managers, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca, and Corcoran for Summary Judgment Motion returnable before Judge Thomas J. McAvoy [Atty contacted to submit amended notice of motion] (amt) (Entered: 01/18/2000)
2822000-01-18 MEMORANDUM by Defts in support of [281-1] motion Defts Massena Memorial, Board of managers, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca, and Corcoran for Summary Judgment (amt) (Entered: 01/18/2000)
2832000-01-18 Defts Statement of Material Facts in Support of [281-1] motion Defts Massena Memorial, Board of managers, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca, and Corcoran for Summary Judgment filed (amt) (Entered: 01/18/2000)
2842000-01-18 AFFIDAVIT by Olof Franzon in opposition to [281-1] motion Defts Massena Memorial, Board of managers, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca, and Corcoran for Summary Judgment (amt) (Entered: 01/18/2000)
2852000-01-18 AFFIDAVIT by Astrid Franzon on behalf of Pltfs in opposition to [281-1] motion Defts Massena Memorial, Board of managers, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca, and Corcoran for Summary Judgment (amt) (Entered: 01/18/2000)
2862000-01-18 AFFIDAVIT by Cynthia Harper on behalf of Defts in opposition to [281-1] motion Defts Massena Memorial, Board of managers, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca, and Corcoran for Summary Judgment (amt) (Entered: 01/18/2000)
2872000-01-18 PLTFS' MEMORANDUM in opposition to [281-1] motion Defts Massena Memorial, Board of managers, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca, and Corcoran for Summary Judgment (amt) (Entered: 01/18/2000)
2882000-01-18 PLTFS' Response to Defts' Statement of Material Facts in Support of [281-1] motion Defts Massena Memorial, Board of managers, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca, and Corcoran for Summary Judgment filed (amt) (Entered: 01/18/2000)
2892000-01-18 REPLY Affidavit by Donald Ford on behalf of Defts to response to [281-1] motion Defts Massena Memorial, Board of managers, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca, and Corcoran for Summary Judgment (amt) (Entered: 01/18/2000)
2902000-01-18 REPLY MEMORANDUM by Defts in support of [281-1] motion Defts Massena Memorial, Board of managers, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca, and Corcoran for Summary Judgment (amt) (Entered: 01/18/2000)
2912000-01-18 Defts' Counter-Statement of Material Facts in Support of [281-1] motion by Defts Massena Memorial, Board of managers, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca, and Corcoran for Summary Judgment filed (amt) (Entered: 01/18/2000)
2922000-01-18 Letter of Atty Brett to the court dd 1/18/00 advising that deft Maresca joins in motion of summary judgment (sfp) (Entered: 01/21/2000)
2932000-01-19 LETTER of Atty Brett dd 1/18/00 on behalf of Michael Maresca pursuant to Local Rule 7.1(b) regarding Motion: summary judgment served. (sfp) (Entered: 01/24/2000)
2942000-01-27 AFFIDAVIT by Olof Franzon Re: seeking to stay summary judgment motion by defendants. (tab) (Entered: 01/27/2000)
2952000-01-27 LETTER of Atty Ciardullo dd 1/26/00 on behalf of Steven Schwam pursuant to Local Rule 7.1(b) regarding Motion: motion served. (sfp) (Entered: 01/27/2000)
2962000-01-28 AMENDED NOTICE OF MOTION by Defts Massena Memorial, Bd/Mgrs, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca & Corcoran for Summary Judgment as to deft Dr. Tae-Sik Choi , Hearing set for 10:00 AM on 3/13/00 referring to [281-1] motion for Summary Judgment (sfp) Modified on 09/08/2000 (Entered: 02/01/2000)
2972000-02-09 AFFIDAVIT by Olof Franzon in opposition to [296-1] AMENDED NOTICE OF MOTION by Defts Massena Memorial, Board of managers, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca, and Corcoran for Summary Judgment (sfp) (Entered: 02/11/2000)
2982000-02-09 AFFIDAVIT by Massena Memorial, Board of Managers of, Medical Executive, James B. Watson, Melchiore L. Buscemi, Kenneth Maxik, Tae-Sik Choi, Tina Corcoran in support of [296-1] and [281-1] motion Defts Massena Memorial, Board of managers, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca, and Corcoran for Summary Judgment (amt) (Entered: 02/14/2000)
2992000-02-18 LETTER of Ramona L. Rabeler, Esq. dd 2-17-00 on behalf of Michael Maresca pursuant to Local Rule 7.1(b) regarding their Motion: to Dismiss for failure to (pta) (Entered: 02/18/2000)
3002000-02-18 MOTION by Michael Maresca by Michael Maresca to Dismiss , Hearing set for , Response Deadline Motion returnable before Mag. Judge: Smith [Atty to do amended notice] ; Exhibits I to N (pta) (Entered: 02/18/2000)
3012000-02-18 MEMORANDUM by Michael Maresca in support of [300-1] motion by Michael Maresca to Dismiss (pta) (Entered: 02/18/2000)
3022000-02-18 AFFIDAVIT of Service by Michael Maresca Re: [300-1] motion by Michael Maresca to Dismiss papers (pta) (Entered: 02/18/2000)
3032000-02-23 AMENDED NOTICE of MOTION by Deft M. Maresca to Dismiss returnable before Mag./Judge R. Smith in Albany Hearing set for 9:30 4/6/00 referring to [300-1] (sfp) (Entered: 02/23/2000)
3042000-02-28 Telephonic Status Conference Minute entry: Appearances: Mandell, Esq. for plaintiff; Ford, Esq. for defendant; D'Agostino, Rabeler, Moore, Kenny, Muether, Facede, Esqs, for various defendants. Discovery issues discussed and dates set for various discovery matters; case is not considered trial ready. (tab) (Entered: 03/01/2000)
3052000-01-26 This motion was recv'd by the court on 3/2/00, but is considered filed as of 1/26/00, pursuant to the CJRA Reporting requirements instituted March 1, 2000. MOTION by Deft S. Schwam to Dismiss ,& for Attorney Fees , Hearing set for 10:00 3/24/00 Motion returnable before Judge/Mag. Judge: McAvoy (sfp) (Entered: 03/03/2000)
3062000-03-02 MEMORANDUM by Steven Schwam in support of [305-1] motion by Deft S. Schwam to Dismiss (sfp) (Entered: 03/03/2000)
3072000-03-02 Letter of Atty Ciardullo to the court dd 3/1/00 requesting that the motion be considered without opposition since no opposing papers or request for an extension was filed by any opposing party (sfp) (Entered: 03/03/2000)
3082000-03-06 COURT NOTICE Re-scheduling MOTION by Deft Steven Schwam by Deft Schwam to Dismiss returnable before Mag/Judge Smith , Hearing set for 9:30 a.m. in Albany Ny on 4/6/00 , Response Deadline 3/23/00 , Reply to Response Deadline 3/30/00 referring to [305-1] motion by Deft S. Schwam to Dismiss, [305-2] motion for Attorney Fees [prev. set for 3-24-00 before Hon. Thomas J. McAvoy] (pta) (Entered: 03/06/2000)
3092000-03-07 COURT NOTICE to counsel dd 3/7/00 advising that the pending motion will be taken on submit; no appearances necessary (sfp) (Entered: 03/07/2000)
3102000-03-15 Minute entry: MOTION CALENDAR HELD 3/13/00 bef Chief Judge McAvoy in Albany, NY: APP: None; CR: B. Buckley; LC/SE. Defts Massena Memorial, Bd/Managers, Medical Executive, Jhaveri, Watson, Bakirtzian, Rowe-Button, Goswami, Schwam, Buscemi, Burke, Maresca & Corcoran [296-1] motion for Summary Judgment - TAKEN ON SUBMIT. (cml) (Entered: 03/15/2000)
3112000-03-17 Scheduling Notice/Letter dated 3/17/00:, set Settlement Conference for 10:00 4/12/00 before Judge Smith in Albany (fce) (Entered: 03/20/2000)
3122000-03-20 LETTER of Donald P. Ford, Esq. dd 3-16-00 on behalf of Massena Memorial Hospital re: Defts Motion for Summary Judgment. Pltf requested by affidavit , a stay of this motion. Defts opposed the request. Request to be advised on the request for a stay. (pta) (Entered: 03/20/2000)
3132000-03-23 MEMORANDUM/DECISION & ORDER granting in part, denying in part [296-1] amended motion by Choi for Summary Judgment; Deft Choi's motion is granted in part insofar as the defamation and tortious interference with business relations causes of action against him are Dismissed, In all other respects, Deft Choi's motion for SJ is denied ( signed by Chief Judge Thomas J. McAvoy ) Date Entered: 3/23/00 (sfp) (Entered: 03/23/2000)
3142000-03-24 STIPUALTION/ORDER, for: 1. plaintiff to serve amended complaint on or before 3/15/00; 2. agreement as to the service of Court ordered disclosure of documents; 3. defendant Massena Hospital shall serve 5 years of quality assurance and qualifications files from 8/92 to 8/97.; 4. Plaintiff's depositions will be conducted during the weeks of 7/10, 7/31, 9/11, 10/2, 11/13, and 12/4/00.; 5. the depositions will be held at the law offices of Donohue, Sabo, Varley and Armstrong.; 7. gag order on plaintiff; 8. plaintiff is directed to disclose all exhibits and transcripts relative to a Fair Hearing with Canton Potsdam Hospital. ( signed by Magistrate Judge Ralph W. Smith ) Date Entered: 3/27/00 (tab) (Entered: 03/27/2000)
3152000-04-04 Letter brief/application received from Olof Franzon, Women's Medical & requesting: that the scope of defendant's disclosure include all physicians in the Hospital, irrespective of the department in which he/she is a member. (tab) (Entered: 04/05/2000)
3162000-04-10 Change of Address received. Effective date: 4/7/00 for Pltf's Counsel Mitchell Mandell, Esq. on behalf of plaintiff Olof Franzon, plaintiff Women's Medical & New Address: 34 Sunnyview Rd., Harrison, NY Old Address: (pta) (Entered: 04/10/2000)
3172000-04-12 RESPONSE LETTER in opposition to [315-1] application of Mitchell Mandell, Esq. (dated 3/16/00) regarding disclosure requests. Letter dated 4/7/00 and submitted on behalf of defendants by Donald P. Ford, Esq. with attached exhibits. (tab) Modified on 04/13/2000 (Entered: 04/13/2000)
3182000-04-17 ORDER granting [315-1] application, It is the decision of this court that Defts may move for summary judgment on the grounds of qualified immunity ( signed by Chief Judge Thomas J. McAvoy ) Date Entered: 4/17/00 (sfp) (Entered: 04/17/2000)
3192000-04-18 Settlement conference Minute entry: Appearances: Don Ford, Esq. for defendant Hospital; Vincent Esposito, Esq. for MLMIC; Chris Jeffers, Esq. for HUM; Al Sabo, Esq. for Individual MDs; Scott Bush, Esq. for Preferred Mutual; settlement discussed with defense counsel only. Case not considered trial ready. (tab) (Entered: 04/19/2000)
3202000-04-25 NOTICE/ORDER, set Settlement Conference for 10:00 5/4/00 ( signed by Magistrate Judge Ralph W. Smith on 4/24/00) (wjg) (Entered: 04/28/2000)
3212000-04-25 AMENDED SCHEDULING NOTICE/ORDER, reset Settlement Conference for 2:00 5/4/00 before Judge Smith in Albany ( signed by Magistrate Judge Ralph W. Smith, 4/25/00) (fce) (Entered: 04/28/2000)
3222000-05-11 LETTER to MJ Smith from Mitchell Mandell dd 4/17/00 re: response to "several inaccuracies" contained in 4/7/00 letter of Atty. Ford (wjg) (Entered: 05/12/2000)
3232000-05-19 LETTER RESPONSE by Michael Maresca in support of [300-1] motion by Michael Maresca to Dismiss Letter brief dated 5/18/00 to Magistrate Judge Smith. (tab) (Entered: 05/22/2000)
3242000-05-22 ORDER denying [308-1] amended motion by Deft Schwam to Dismiss returnable before Mag/Judge Smith, denying [305-1] motion by Deft S. Schwam to Dismiss ( signed by Magistrate Judge Ralph W. Smith ) (tab) (Entered: 05/23/2000)
3252000-05-26 Letter dated 5/24/00 to Magistrate Judge Smith from Mitchell G. Mandell, Esq. in response to Atty. Rabeler's letter requesting dismissal of plaintiff's complaint as against Dr. Maresca. (tab) (Entered: 05/26/2000)
3262000-05-30 LETTER of Atty Ciardullo on behalf of Steven Schwam pursuant to Local Rule 7.1(b) regarding Motion: for summary judgment Date Served upon counsel: 5/26/00 (sfp) Modified on 09/08/2000 (Entered: 05/31/2000)
3272000-06-02 LETTER of Atty Ciardullo on behalf of Steven Schwam pursuant to Local Rule 7.1(b) regarding Motion: summary judgment Served upon counsel: 6/1/00 [served to correct address] (sfp) Modified on 09/08/2000 (Entered: 06/02/2000)
3282000-06-15 MEMORANDUM DECISION AND ORDER, that plaintiffs' application to require disclosure of peer review and related files of all physicians is DENIED except as to those physicians who are named defendants. ( signed by Magistrate Judge Ralph W. Smith ) (tab) (Entered: 06/16/2000)
3292000-06-27 OBJECTIONS/RESPONSE by Christine Rowe-Button in opposition to [328-1] order that plaintiffs' application to require disclosure of peer review and related files of all physicians is DENIED except as to those physicians who are named defendants. (tab) (Entered: 06/30/2000)
3302000-08-01 LETTER of Atty Brett on behalf of Michael Maresca pursuant to Local Rule 7.1(b) regarding Motion: summary judgment and to dismiss Date Served upon counsel: 7/28/00 (sfp) (Entered: 08/01/2000)
3312000-08-08 LETTER of Atty Lantier on behalf of Sateesh K. Goswami pursuant to Local Rule 7.1(b) regarding Motion: summary judgment Date Served upon counsel: 8/7/00 (sfp) (Entered: 08/09/2000)
3322000-08-15 LETTER of Atty Helmer on behalf of Bedros Bakirtzian pursuant to Local Rule 7.1(b) regarding Motion: summary judgment Date Served upon counsel: 8/14/00 (sfp) (Entered: 08/15/2000)
3332000-08-30 LETTER of Atty Hunter on behalf of Deft Nicandri dd 8/24/00 pursuant to Local Rule 7.1(b) re: Deft Nicandri's Motion for Summary Judgment Date Served upon counsel: 8/24/00 (amt) (Entered: 08/30/2000)
3342000-09-14 MOTION by Deft Sateesh Goswami to Dismiss Pltfs complaint STRICKEN FROM THE RECORD BY ORDER #337 (sfp) Modified on 10/04/2000 (Entered: 09/14/2000)
3352000-09-14 MEMORANDUM by Sateesh K. Goswami in support of [334-1] motion by Deft Sateesh Goswami to Dismiss Pltfs complaint - STRICKEN FROM THE RECORD BY ORDER #337 (sfp) Modified on 10/04/2000 (Entered: 09/14/2000)
3362000-09-15 REPORT-RECOMMENDATIONS of Magistrate Judge Ralph W. Smith Service Date: 9/15/00 Re: IT IS RECOMMENDED that the [303-1] amended motion by Deft M. Maresca to Dismiss returnable before Mag./Judge R. Smith in Albany be DENIED (Objection to R and R due by 10/5/00 for State Farm Fire, for Marilyn Carr, for Keith Bain, for Tina Corcoran, for Lois Nicandri, for Michael Maresca, for Tae-Sik Choi, for Kenneth Maxik, for Edward Burke, for Melchiore L. Buscemi, for Steven Schwam, for Sateesh K. Goswami, for Christine Rowe-Button, for Bedros Bakirtzian, for James B. Watson, for Jayant J. Jhaveri, for Medical Executive, for Board of Managers of, for Massena Memorial, for Women's Medical &, for Olof Franzon); Motion(s) no longer referred (jel) (Entered: 09/15/2000)
3372000-10-04 ORDER striking [335-1] support memorandum, striking [334-1] motion by Deft Sateesh Goswami to Dismiss Pltfs complaint- for not conforming with LR 7.1; and removed from 10/27/00 motion calendar ( signed by Judge Thomas J. McAvoy ) Date Entered: 10/4/00 (sfp) (Entered: 10/04/2000)
3382000-10-05 Letter of Atty Lantier to the court dd 10/4/00 re: withdrawing Deft Goswami's motion to dismiss returnable 10/27/00 (sfp) (Entered: 10/05/2000)
3392000-10-17 Decision & ORDER denying [303-1] amended motion by Deft M. Maresca to Dismiss returnable before Mag./Judge R. Smith in Albany ( signed by Judge Thomas J. McAvoy ) Date Entered: 10/17/00 (sfp) (Entered: 10/17/2000)
3402000-10-23 COURT REJECTION NOTICE of Notice of Motion pur. FRCP 56 and Statement of Material Facts submitted on behalf of Deft Goswami, M.D. - for failure to comply with LR7.1 (filing entire motion package) (pta) (Entered: 10/23/2000)
3412000-10-30 ORDER, reset Motion Filing deadline to 11/30/00 , reset Discovery deadline to 12/31/01 ( signed by Magistrate Judge Ralph W. Smith Jr. ) (tab) (Entered: 10/30/2000)
3422000-11-06 ORDER, set Motion Filing deadline to 11/30/00 , set Discovery deadline to 12/31/01 ( signed by Magistrate Judge Ralph W. Smith Jr. ) Date Entered: 11/6/00 (tab) (Entered: 11/06/2000)
3432000-11-27 LETTER of Donald P. Ford, Jr., Esq. dd 11-21-00 re: application to seal forthcoming Summary Judgment Motions (pta) (Entered: 11/27/2000)
3442000-11-27 MOTION by Massena Memorial, Board of Managers of, Medical Executive, James B. Watson, Melchiore L. Buscemi, Kenneth Maxik, Tae-Sik Choi, Tina Corcoran by Massena Defts to Seal Motion for Summary Judgments submissions , Hearing set for 10:00 a.m. on 12/22/00 in Binghamton , Response Deadline 12/8/00 , Reply to Response Deadline 12/15/00 Motion returnable before Judge Thomas J. McAvoy; Affidavit of Donald P. Ford, Jr., Esq. and Charles F. Fahd II (pta) (Entered: 11/27/2000)
3452000-11-27 MEMORANDUM by Massena Memorial, Board of Managers of, Medical Executive, James B. Watson, Melchiore L. Buscemi, Kenneth Maxik, Tae-Sik Choi, Tina Corcoran in support of [344-1] motion by Massena Defts to Seal Motion for Summary Judgments submissions (pta) (Entered: 11/27/2000)
3462000-11-28 Letter of Atty Ford to the court dd 11/27/00 re: return date of 12/22/00 for summary judgment motion (sfp) (Entered: 11/28/2000)
3472000-11-28 This motion was received by the court on 1/5/00, but is considered filed as of 11/28/00, pursuant to the CJRA reporting requirements instituted March 1, 2000 SEALED MOTION for summary judgment by Massena Memorial, Board of Managers, Medical Executive, James Watson, Melchiore Buscemi, Kenneth Maxik, Tina Corcoran , Hearing set for 10:00 12/22/00 in Binghamton before Judge McAvoy (sfp) (Entered: 11/28/2000)
3482000-11-28 SEALED Statement of Material Facts by Defts Massena Memorial, Board of Managers, Medical Executive, James Watson, Melichore Buscemi, Kenneth Mazik, Tina Corcoran; in support of summary judgment motion (sfp) Modified on 11/28/2000 (Entered: 11/28/2000)
3492000-11-28 SEALED Memorandum of Law by Defts Massena Memorial, Board of Managers, Medical Executive, James Watson, Melichore Buscemi, Kenneth Maxik, Tina Corcoran; in support of summary judgment motion (sfp) Modified on 11/28/2000 (Entered: 11/28/2000)
3502000-11-28 SEALED Affidavit of John Mereau on behalf of Defts Massena Memorial, Board of Managers, Medical Exec., J. Watson, M. Buscemi, K. Maxik, T. Corcoran; in support of summary judgment motion (sfp) Modified on 11/28/2000 (Entered: 11/28/2000)
3512000-11-28 SEALED Exhibit by Defts Massena, et al in support of summary judgment motion (sfp) Modified on 11/28/2000 (Entered: 11/28/2000)
3522000-11-28 SEALED Exhibit by Defts Massena, et al in support of summary judgment motion (sfp) Modified on 11/28/2000 (Entered: 11/28/2000)
3532000-11-28 SEALED Exhibit by Defts Massena, et al in support of summary judgment motion (sfp) Modified on 11/28/2000 (Entered: 11/28/2000)
3542000-11-28 SEALED Exhibit by Defts Massena, et al in support of summary judgment motion (sfp) Modified on 11/28/2000 (Entered: 11/28/2000)
3562000-11-28 SEALED Exhibit by Deft Schwam in support of summary judgment motion (sfp) Modified on 11/28/2000 (Entered: 11/28/2000)
3572000-11-28 SEALED Memorandum of Law by Deft Schwam in support of summary judgment motion (sfp) Modified on 11/28/2000 (Entered: 11/28/2000)
3582000-11-28 SEALED Statement of Material Facts by Deft Schwam in support of summary judgment motion (sfp) Modified on 11/28/2000 (Entered: 11/28/2000)
3592000-11-28 SEALED Affidavit of Astrid Franzon on behalf of Pltf in opposition to Defts motion for summary judgment (sfp) Modified on 11/28/2000 (jel, ). (Entered: 11/28/2000)
3602000-11-28 SEALED Affidavit of Barbra Brown on behalf of Pltf in opposition to Defts summary judgment motion (sfp) (jel, ). (Entered: 11/28/2000)
3612000-11-28 SEALED Affidavit of Olof Franzon in opposition to Defts summary judgment motion (sfp) (Additional attachment(s) added on 7/18/2013: # 1 SEALED Affidavit of Olof Franzon, # 2 SEALED Affidavit of Olof Franzon, # 3 SEALED Affidavit of Olof Franzon) (jel, ). (Entered: 11/28/2000)
3622000-11-28 SEALED Affidavit of Mitchell Mandell on behalf of Pltf in opposition to Defts summary judgment motion (sfp) (jel, ). (Entered: 11/28/2000)
3632000-11-28 SEALED Memorandum of Law by Pltf in opposition to Defts motion for summary judgment (sfp) (jel, ). (Entered: 11/28/2000)
3642000-11-28 SEALED Statement of Material Facts by Pltf in opposition to Defts motion for summary judgment (sfp) (jel, ). (Entered: 11/28/2000)
3652000-11-28 SEALED reply affidavit of Donald Ford on behalf of Defts Massena, et al for summary judgment motion (sfp) (Additional attachment(s) added on 7/18/2013: # 1 SEALED reply affidavit of Donald Ford) (jel, ). (Entered: 11/28/2000)
3662000-11-28 SEALED reply affidavit for Charles Fahd, II, on behalf of Defts Massena, et al for summary judgment motion (sfp) (jel, ). (Entered: 11/28/2000)
3672000-11-28 SEALED affidavit of Kenneth Maxik on behalf of Defts Massena, et al for summary judgment motion (sfp) (jel, ). (Entered: 11/28/2000)
3682000-11-28 SEALED affidavit for Melchiore Buscemi on behalf of Defts Massena, et al for summary judgment motion (sfp) (jel, ). (Entered: 11/28/2000)
3692000-11-28 SEALED affidavit for James Watson on behalf of Defts Massena, et al for summary judgment motion (sfp) (jel, ). (Entered: 11/28/2000)
3702000-11-28 SEALED affidavit for Christine Rowe-Button on behalf of Defts Massena, et al for summary judgment motion (sfp) (jel, ). (Entered: 11/28/2000)
3712000-11-28 SEALED reply to Pltfs statement of material facts by Defts Massena, et al for summary judgment motion (sfp) (jel, ). (Entered: 11/28/2000)
3722000-11-28 SEALED Reply Memorandum of Law for Defts Massena, et al for summary judgment motion (sfp) (jel, ). (Entered: 11/28/2000)
3732000-11-28 SEALED affidavit of Bruce Smith on behalf of Defts Massena, et al for summary judgment motion (sfp) (jel, ). (Entered: 11/28/2000)
3742000-11-28 SEALED Reply affidavit for Steven Schwam on behalf of Deft Schwam motion for summary judgment (sfp) (jel, ). (Entered: 11/28/2000)
3752000-11-28 SEALED Counter statement of material facts in support of Deft Schwam's motion for summary judgment (sfp) (jel, ). (Entered: 11/28/2000)
3762000-11-28 SEALED Reply Memorandum of Law on behalf of Deft Schwam motion for summary judgment (sfp) (jel, ). (Entered: 11/28/2000)
3772000-11-30 LETTER of Stephen T. Helmer, Esq. dd 11-29-00 on behalf of Bedros Bakirtzian pursuant to Local Rule 7.1(b) regarding Motion: Summary Judgment Date Served upon counsel: 11/29/00 (pta) (jel, ). (Entered: 11/30/2000)
3782000-08-14 This motion was received by the Court on 11-30-00, but is considered filed as of 8/14/00, pursuant to the CJRA Reporting requirements instituted 3-01-00. MOTION by Bedros Bakirtzian by Bedros Bakirtzian, M.D. for Summary Judgment , Hearing set for 10:00 a.m. in Binghamton NY on 12/22/00 Motion returnable before Hon. Thomas J. McAvoy (pta) (jel, ). (Entered: 11/30/2000)
3792000-11-30 AFFIDAVIT of Bedros Bakirtzian, M.D. in support of Re: [378-1] motion by Bedros Bakirtzian, M.D. for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
3802000-11-30 AFFIDAVIT of Stephen T. Helmer, Esq. on behalf of Bedros Bakirtzian, M.D. in support of Re: [378-1] motion by Bedros Bakirtzian, M.D. for Summary Judgment; Exhibits A to O (pta) (Entered: 11/30/2000)
3812000-11-30 Statement of Material Facts in Support of [378-1] motion by Bedros Bakirtzian, M.D. for Summary Judgment filed by Bedros Bakirtzian (pta) (jel, ). (Entered: 11/30/2000)
3822000-11-30 MEMORANDUM by Bedros Bakirtzian in support of [378-1] motion by Bedros Bakirtzian, M.D. for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
3832000-08-24 This motion was received by the Court on 11-30-00, but is considered filed as of 8-24-00, pursuant to the CJRA Reporting requirements instituted 3-01-00. MOTION by Lois Nicandri by Lois Nicandri for Summary Judgment , Hearing set for 10:00 a.m. in Binghamton NY on 12/22/00 Motion returnable before Hon. Thomas J. McAvoy (pta) (jel, ). (Entered: 11/30/2000)
3842000-11-30 AFFIDAVIT of Lois Nicandri in support of Re: [383-1] motion by Lois Nicandri for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
3852000-11-30 AFFIDAVIT of Richard F. Hunter, Esq. on behalf of Lois Nicandri in support of Re: [383-1] motion by Lois Nicandri for Summary Judgment; Exhibits A to E (pta) (jel, ). (Entered: 11/30/2000)
3862000-11-30 Statement of Material Facts in Support of [383-1] motion by Lois Nicandri for Summary Judgment filed by Lois Nicandri (pta) (jel, ). (Entered: 11/30/2000)
3872000-11-30 MEMORANDUM by Lois Nicandri in support of [383-1] motion by Lois Nicandri for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
3882000-11-30 LETTER on behalf of Michael Maresca pursuant to Local Rule 7.1(b) regarding Motion: Summary Judgment Date Served upon counsel: 11/29/00 (pta) (jel, ). (Entered: 11/30/2000)
3892000-07-28 This motion was received by the Court on 11-30-00, but is considered filed as of 7-28-00, pursuant to the CJRA Reporting requirements instituted 3-01-00. MOTION by Michael Maresca by Michael Maresca, M.D. for Summary Judgment , Hearing set for 10:00 a.m. in Binghamton NY on 12/22/00 Motion returnable before Hon. Thomas J. McAvoy; Affidavit of Thomas S. Brett, Esq. (pta) Modified on 11/30/2000 (jel, ). (Entered: 11/30/2000)
3902000-11-30 INDEX to Exhibits 1 to 14 for Motion of Michael Maresca for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
3912000-11-30 AFFIDAVIT of G. Michael Maresca, M.D. in support of Re: [389-1] motion by Michael maresca, M.D. for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
3922000-11-30 SUPPLEMENTAL AFFIDAVIT of G. Michael Maresca in support of Re: [389-1] motion by Michael maresca, M.D. for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
3932000-11-30 AFFIDAVIT of Ron Brown on behalf of Michael Maresca in support of Re: [389-1] motion by Michael Maresca, M.D. for Summary Judgment; Exhibit A (pta) (jel, ). (Entered: 11/30/2000)
3942000-11-30 AFFIDAVIT of Danielle Drollette on behalf of Michael Maresca in support of Re: [389-1] motion by Michael Maresca, M.D. for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
3952000-11-30 AFFIDAVIT of Matthew Jon Drollette on behalf of Michael Maresca in support of Re: [389-1] motion by Michael Maresca, M.D. for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
3962000-11-30 Statement of Material Facts in Support of [389-1] motion by Michael Maresca, M.D. for Summary Judgment filed by Michael Maresca w/Proposed Order (pta) (jel, ). (Entered: 11/30/2000)
3972000-11-30 MEMORANDUM by Michael Maresca in support of [389-1] motion by Michael Maresca, M.D. for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
3982000-08-07 This motion was received by the Court on 11-30-00, but is considered filed as of 8-07-00, pursuant to the CJRA Reporting requirements instituted 3-01-00. MOTION by Sateesh K. Goswami by Sateesh K. Goswami, M.D. for Summary Judgment , Hearing set for 10:00 a.m. in Binghamton NY on 12/22/00 Motion returnable before Hon. Thomas J. McAvoy; Exhibits 1 to 10 (pta) (jel, ). (Entered: 11/30/2000)
3992000-11-30 Statement of Material Facts in Support of [398-1] motion by Sateesh K. Goswami, M.D. for Summary Judgment filed by Sateesh K. Goswami (pta) (jel, ). (Entered: 11/30/2000)
4002000-11-30 MEMORANDUM by Olof Franzon, Women's Medical & in opposition to [383-1] motion by Lois Nicandri for Summary Judgment, [378-1] motion by Bedros Bakirtzian, M.D. for Summary Judgment, [398-1] motion by Sateesh K. Goswami, M.D. for Summary Judgment, [389-1] motion by Michael Maresca, M.D. for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
4012000-11-30 AFFIDAVIT/RESPONSE of Olof Franzon in opposition to [334-1] motion by Deft Sateesh Goswami to Dismiss Pltfs complaint, [383-1] motion by Lois Nicandri for Summary Judgment, [378-1] motion by Bedros Bakirtzian, M.D. for Summary Judgment, [398-1] motion by Sateesh K. Goswami, M.D. for Summary Judgment; Exhibits A to T (pta) (jel, ). (Entered: 11/30/2000)
4022000-11-30 ADDITIONAL AFFIDAVITS by Olof Franzon, Women's Medical & in opposition to Re: [383-1] motion by Lois Nicandri for Summary Judgment, [378-1] motion by Bedros Bakirtzian, M.D. for Summary Judgment, [398-1] motion by Sateesh K. Goswami, M.D. for Summary Judgment, [389-1] motion by Michael Maresca, M.D. for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
4032000-11-30 Statement of Material Facts in opposition to [383-1] motion by Lois Nicandri for Summary Judgment, [378-1] motion by Bedros Bakirtzian, M.D. for Summary Judgment, [398-1] motion by Sateesh K. Goswami, M.D. for Summary Judgment, [389-1] motion by Michael Maresca, M.D. for Summary Judgment filed by Olof Franzon, Women's Medical & (pta) (jel, ). (Entered: 11/30/2000)
4042000-11-30 RESPONSE/REPLY by Bedros Bakirtzian to Pltfs Statement in opposition to [378-1] motion by Bedros Bakirtzian, M.D. for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
4052000-11-30 REPLY AFFIDAVIT of Nancy L. Pontius, Esq. on behalf of Bedros Bakirtzian Re: [400-1] Pltfs opposition papers to Dr. Bakirtzian's Motion for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
4062000-11-30 REPLY MEMORANDUM by Bedros Bakirtzian in support of [378-1] motion by Bedros Bakirtzian, M.D. for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
4072000-11-30 REPLY Memorandum of Law by Lois Nicandri to response to [383-1] motion by Lois Nicandri for Summary Judgment (pta) (jel, ). (Entered: 11/30/2000)
4082000-11-30 REPLY AFFIDAVIT of Richard F. Hunter, Esq. on behalf of Lois Nicandri in support of Re: [383-1] motion by Lois Nicandri for Summary Judgment; Exhibit A (pta) (jel, ). (Entered: 11/30/2000)
4092000-11-30 REPLY Statement of Material Facts to Pltfs Statement of Material Facts re: [383-1] motion by Lois Nicandri for Summary Judgment filed by Lois Nicandri (pta) (Entered: 11/30/2000)
4102000-11-30 REPLY MEMORANDUM OF LAW by Michael Maresca to response to [389-1] motion by Michael Maresca, M.D. for Summary Judgment (pta) (Entered: 11/30/2000)
4112000-11-30 ORDER granting [344-1] motion by Massena Defts to Seal Motion for Summary Judgments submissions and all documents submitted in connection with that motion ( signed by Judge Thomas J. McAvoy ) Date Entered: 11/30/00 (sfp) (Entered: 11/30/2000)
4122000-12-01 MEMORANDUM by Sateesh K. Goswami in support of [398-1] motion by Sateesh K. Goswami, M.D. for Summary Judgment (pta) (Entered: 12/01/2000)
4132000-12-13 COURT NOTICE to counsel dd 12/13/00 advising the pending motion will be taken on submit; no appeareances are necessary (amt) (Entered: 12/13/2000)
4142000-12-19 DECISION/ORDER: GRANTING [355-1] SEALED MOTION by Steven Schwam for summary judgment, DENYING [347-1] SEALED MOTION for summary judgment by Massena Memorial, Board of Managers, Medical Executive, James Watson, Melchiore Buscemi, Kenneth Maxik, Tina Corcoran, GRANTING [383-1] motion by Lois Nicandri for Summary Judgment, GRANTING [378-1] motion by Bedros Bakirtzian, M.D. for Summary Judgment, GRANTING IN PART/DENYING IN PART [398-1] motion by Sateesh K. Goswami, M.D. for Summary Judgment, GRANTING [389-1] motion by Michael Maresca, M.D. for Summary Judgment (signed by Judge Thomas J. McAvoy) [served 12/19/00] (plp) (intalb, ). (Entered: 12/19/2000)
4152000-12-26 Minute entry of 12/22/00 Motion Calendar before Judge McAvoy; App: None; CRD/AMT; Court Reporter: V. Theleman; Defts' [347-1] [355-1] [383-1] [378-1] [398-1] and [389-1] motions for summary judgment - TAKEN ON SUBMIT (amt) (Entered: 12/26/2000)
4162001-01-10 LETTER REQUEST of Mitchell G. Mandell, Esq. dd 1-09-01 for clarification of the Courts 12-18-00 Decision and Order (pta) (Entered: 01/10/2001)
4172001-01-19 ORDER, amending decision & order dd 12/19/00, court mistakenly stated that Nicandri's motion for summary judgment was granted in its entirety; Ordered that only the defamation and tortious interference claims were dismissed ( signed by Judge Thomas J. McAvoy ) Date Entered: 1/19/01 (sfp) (Entered: 01/19/2001)
4182001-01-22 LETTER on behalf of Jayant J. Jhaveri pursuant to Local Rule 7.1(b) regarding Motion: Partial Summary Judgment Date Served upon counsel: 1/19/01 (tab) (Entered: 01/23/2001)
4192001-01-22 LETTER on behalf of Christine Rowe-Button pursuant to Local Rule 7.1(b) regarding Motion: Summary Judgment Date Served upon counsel: 1/19/01 (tab) (Entered: 01/23/2001)
4202001-02-02 Letter of Atty Mandell to the court dd 2/1/01 re: current motions being circulated and re: previous order of Judge Smith (sfp) (Entered: 02/02/2001)
4212001-02-12 Letter of Atty Krackeler to the court dd 2/7/01 re: receipt of Atty Mandell's letter to the court re: motions and re: previous order of Judge Smith (sfp) (Entered: 02/13/2001)
4222001-02-14 Letter of Atty D'Amelia, Jr. to the court dd 2/12/01 re: response to Atty Mandell's letter of 2/1/01 requesting preclusion of Defts motion for summary judgment; re: receipt of Atty Krackeler's letter of 2/7/01; re: asking the court to deny Atty Mandell's request (sfp) (Entered: 02/14/2001)
4232001-01-19 SEALED DOCUMENT (sfp) (Entered: 09/18/2001)
4242001-03-08 AFFIRMATION of Jayant J. Jhaveri, MD by Jayant J. Jhaveri Re: [423-1] motion for Partial Summary Judgment w/Exhibit A (pta) (Entered: 03/13/2001)
4252001-03-08 Statement of Material Facts in Support of [423-1] motion for Partial Summary Judgment filed by Jayant J. Jhaveri (pta) (Entered: 03/13/2001)
4262001-03-08 MEMORANDUM by Jayant J. Jhaveri in support of [423-1] motion for Partial Summary Judgment (pta) (Entered: 03/13/2001)
4272001-03-08 LETTER of Christine Kirwin Krackeler, Esq. dd 3-05-01 on behalf of Jayant J. Jhaveri pursuant to Local Rule 7.1(b) regarding their Motion: Partial Summary Judgment Date Served upon counsel: 1/19/01 w/attached letters concerning this motion filing (pta) (Entered: 03/13/2001)
4282001-03-13 COURT Scheduling Notice: re-scheduling to the Special Motion Hearing for 10:00 a.m. on 4/13/01 before Hon. Thomas J. McAvoy in Albany re: [423-1] motion for Partial Summary Judgment (pta) (Entered: 03/13/2001)
4292001-03-15 LETTER of Alvin O. Sabo, Esq. dd 3-14-01 on behalf of Deft Christine Rowe-Button, M.D. pursuant to Local Rule 7.1(b) regarding their Motion: Summary Judgment Date Served upon counsel: 3/14/01 (pta) (Entered: 03/15/2001)
4302001-01-19 MOTION by Christine Rowe-Button by Christine Rowe-Button, MD for Summary Judgment , Hearing set for 10:00 a.m. on 4/9/01 , Response Deadline 3/26/01 , Reply to Response Deadline Motion returnable before Judge Thomas J. McAvoy [Motion re-scheduled by the Clerk for Special Motion term of 4-13-01 in Albany] - This motion was received by the court on 3-15-01, but is considered filed as of 1-19-01, pursuant to the CJRA Reporting Requirements instituted 3-01-00. (pta) (Entered: 03/15/2001)
4312001-03-15 Statement of Material Facts in Support of [430-1] motion by Christine Rowe-Button, MD for Summary Judgment filed by Christine Rowe-Button (pta) (Entered: 03/15/2001)
4322001-03-15 AFFIDAVIT of Gerald D. D'Amelia, Jr. , Esq. on behalf of Christine Rowe-Button w/Exhibits A to K in support of Re: [430-1] motion by Christine Rowe-Button, MD for Summary Judgment (pta) (Entered: 03/15/2001)
4332001-03-15 AFFIDAVIT of Christine Rowe-Button in support of Re: [430-1] motion by Christine Rowe-Button, MD for Summary Judgment (pta) (Entered: 03/15/2001)
4342001-03-15 MEMORANDUM by Christine Rowe-Button in support of [430-1] motion by Christine Rowe-Button, MD for Summary Judgment (pta) (Entered: 03/15/2001)
4352001-03-15 COURT Re-Scheduling Notice: placing on the Special Motion Term for 10:00 a.m. in Albany NY on Friday, 4/13/01 re: [430-1] motion by Christine Rowe-Button, MD for Summary Judgment , Response deadline of 3/26/01 (pta) (Entered: 03/15/2001)
4362001-03-21 ORDER, Response to Motion reset to 4/4/01 for [423-1] and [430-1] motions for Partial Summary Judgment , Reply to Response to Motion reset to 14 days from the date Plaintiff serves his opposition for [423-1] and [430-1] motions for Partial Summary Judgment , Motion Hearing adjourned to be set for 10:00 5/14/01 re: [423-1] & [430-1] motion for Partial Summary Judgment ( signed by Judge Thomas J. McAvoy ) Date Entered: 3/21/01 (sfp) (Entered: 03/21/2001)
4372001-04-04 MEMORANDUM by Pltfs Olof Franzon, Women's Medical & in opposition to [423-1] motion for Partial Summary Judgment, [430-1] motion by Christine Rowe-Button, MD for Summary Judgment (sfp) (Entered: 04/04/2001)
4382001-04-04 Statement of Material Facts in opposition to [423-1] motion by Jhaveri for Partial Summary Judgment & [430-1] motion by Christine Rowe-Button, MD for Summary Judgment filed by Olof Franzon, Women's Medical & (sfp) (Entered: 04/04/2001)
4392001-04-04 AFFIDAVIT by Olof Franzon in opposition to [423-1] motion by Jhaveri for Partial Summary Judgment, [430-1] motion by Christine Rowe-Button, MD for Summary Judgment (sfp) (Entered: 04/04/2001)
4402001-04-06 LETTER to MJ Smith from Donald Ford dd 3/26/01 re: request for Court to review discovery issues. (wjg) (Entered: 04/09/2001)
4412001-04-06 LETTER to MJ Smith from Mitchell Mandell dd 3/27/01 re: response to 3/26 letter of Donald Ford (wjg) (Entered: 04/09/2001)
4422001-04-06 Letter to MJ Smith from Ramona Rabeler dd 3/30/01 re: discovery issues. (wjg) (Entered: 04/09/2001)
4432001-04-09 REPLY AFFIRMATION of Jayant J. Jhaveri, M.D. in Re: [423-1] Jhaveri's motion for Partial Summary Judgment (pta) (Entered: 04/09/2001)
4442001-04-09 REPLY Affidavit of Christine Kirwin Krackeler, Esq. on behalf of Jayant J. Jhaveri to response to [423-1] motion by Jhaveri for Partial Summary Judgment (pta) (Entered: 04/09/2001)
4452001-04-23 Minute entry: SPECIAL MOTION CALENDAR HELD 4/13/01 bef Judge McAvoy in Albany, NY: APP/LC: None; CR: B. Buckley; CRD/mp. Deft Jhaveri [423-1] motion for Partial Summary Judgment & Deft Rowe-Button [430-1] motion for Summary Judgment - ADJOURNED until 5/14/01 (cml) (Entered: 04/23/2001)
4462001-05-03 Court NOTICE to counsel dd 5/3/01 advising that the pending motions [423-1] & [430-1] will be on submit; no appearances necessary (sfp) (Entered: 05/03/2001)
4472001-05-07 Letter of Atty Krackeler to the court dd 5/4/01 advising that there was a typo in the affidavit of his reply papers (sfp) (Entered: 05/09/2001)
4482001-05-11 RESPONSE by Olof Franzon, Women's Medical & in support of [442-1] letter from Defendant Maresca in regards to discovery issues. ter dtaed 4/12/01 by Mitchell Mandell, Esq. (tab) (Entered: 05/14/2001)
4492001-05-11 RESPONSE letter dated 4/18/01 by Michael Maresca in opposition to [448-1] support response by plaintiff regarding discovery issues. (tab) (Entered: 05/14/2001)
4502001-05-11 MEMORANDUM-DECISION AND ORDER, treating plaintiff's application as a motion to compel disclosure; application is DENIED ( signed by Magistrate Judge Ralph W. Smith Jr. ) (tab) (Entered: 05/14/2001)
4512001-05-14 Minute entry: MOTION CALENDAR HELD 5/14/01 bef Judge McAvoy in Albany, NY: APP: None; CR: B. Buckley; LC/JC; CRD/mp. Deft Jhaveri's [423-1] motion for Partial Summary Judgment; and, Deft Rowe-Button's [430-1] motion for Summary Judgment - TAKEN ON SUBMIT. (cml) (Entered: 05/15/2001)
4522001-06-15 Letter of Atty Brett to the Court and all counsel dd 6/14/01 requesting the Brett Firm be removed from the service lists in this action (amt) (Entered: 06/18/2001)
4532001-07-11 LETTER RESPONSE by Defendants in support of a motion to Compel the Champlain Valley Physician's Hospital to respond to a subpoena requiring production of records pertaining to Dr. Franzon. (Letter dated 4/11/01 to Magistrate Judge Smith, from Donald P. Ford, Esq.) (tab) (jel, ). (Entered: 07/11/2001)
4542001-07-11 LETTER RESPONSE (dated 4/20/01) by Champlain Valley Physician's Hospital Medical Center in opposition to motion to Compel CVPH to respond to subpoena. (tab) Modified on 07/11/2001 (jel, ). (Entered: 07/11/2001)
4552001-07-11 LETTER RESPONSE (dated 5/2/01) by Olof Franzon in opposition to [453-1] support response for a motion to compel CVPH to respond to supboena. (tab) Modified on 07/11/2001 (jel, ). (Entered: 07/11/2001)
4562001-07-11 LETTER RESPONSE (dated 5/14/01) by Defendants Massena Memorial in further support of motion to compel CVPH to respond to subpoena and in response to plaintiff's letter dated 5/2/01. (tab) (jel, ). (Entered: 07/11/2001)
4572001-07-11 Status Conference Minute entry: Conference held on 5/29/01 (2 hours); Appearances: Mandell, Ford, Krackeler, Sabo, Esqs. Discovery extended to 6/30/02, not considered trial-ready. (tab) (jel, ). (Entered: 07/11/2001)
4582001-07-11 ORDER, reset Discovery deadline to 6/1/02 ( signed by Magistrate Judge Ralph W. Smith Jr. ) Date Entered: 7/11/01 (tab) (jel, ). (Main Document 458 replaced on 6/21/2013) (jel, ). (jel, ). (Entered: 07/11/2001)
4592001-07-11 MEMORANDUM-DECISION AND ORDER, Defendant's motion to compel CVPH to produce is GRANTED; Defendant's motion to compel in all other respects is DENIED. ( signed by Magistrate Judge Ralph W. Smith Jr. ) Date Entered: 7/11/01 (tab) (jel, ). (jel, ). (Entered: 07/11/2001)
4602001-07-12 Pltfs letter response (w/ exhibits) to Defts 6/25/01 letter (sfp) (jel, ). (Entered: 07/12/2001)
4612001-07-24 LETTER of Mitchell G. Mandell, Esq. dd 7-23-01 regarding discovery issues (pta) (jel, ). (Entered: 07/24/2001)
4622001-07-31 LETTER REQUEST of Mitchell G. Mandell, Esq. dd 7-30-01 for complete production of the unredacted meeting minutes and tapes (pta) (jel, ). (Entered: 07/31/2001)
4632001-08-09 RESPONSE by Massena Memorial, Board of Managers of, Medical Executive, Jayant J. Jhaveri, James B. Watson, Christine Rowe-Button, Sateesh K. Goswami, Melchiore L. Buscemi, Edward Burke, Lois Nicandri, Tina Corcoran in opposition to Pltfs [462-1] remark (sfp) (jel, ). (Entered: 08/09/2001)
4642001-08-31 PLTF REPLY RESPONSE of Atty Mitchell Mandel dtd 8/30/01 in support of [462-1] remark (cml) (jel, ). (Entered: 08/31/2001)
4652001-09-17 Letter of Atty Ford to the court dd 9/11/01 re: Atty Mandell's letter of 8/30/01 and re: discovery issues (sfp) (jel, ). (Entered: 09/17/2001)
4662001-09-18 DECISION AND ORDER granting Deft Jhaveri's [423-1] motion for Partial Summary Judgment and dismissing Pltfs fourth, fifth and sixth causes of action as to Deft Jhaveri and also granting Deft Jhaveri's motion to seal the motion papers submitted with this motion; granting in part, denying in part Deft Rowe-Button's [430-1] motion for Summary Judgment and therefore Pltfs fourth, fifth and sixth causes of action as to Deft Rowe-Button are dismissed ( signed by Judge Thomas J. McAvoy ) Date Entered: 9/18/01 (sfp) (Entered: 09/18/2001)
4672001-09-25 ORDER REASSIGNING CASE to Magistrate Judge Randolph F. Treece ( signed by Chief Judge F. J. Scullin Jr. ) (pta) (jel, ). (jel, ). (Entered: 09/25/2001)
4682001-10-15 Discovery Conference Minute entry: Appearances: Miteh Mandell, Esq. for plaintiff, Debra Young, Esq. for Messina Memorial. Discovery Conference held. (tab) (jel, ). (Entered: 10/16/2001)
4692001-10-23 MEMORANDUM-DECISION AND ORDER that the defendants shall comply with this order and collect from chambers the documents submitted in camera on or before November 21, 2001.( signed by Magistrate Judge Randolph F. Treece ) Date Entered: 10/23/01 (tab) (Entered: 10/23/2001)
4702001-11-09 ORDER outlining clarifications of the October 22, 2001 Order refarding discovery issues. ( signed by Magistrate Judge Randolph F. Treece ) Date Entered: 11/15/01 (tab) (Entered: 11/15/2001)
4712001-11-30 REQUEST and ORDER extending time to Appeal the 11/9/01 Order of Magistrate Judge Treece until 12/14/01. ( signed by Magistrate Judge Randolph F. Treece ) (tab) (jel, ). (Entered: 12/04/2001)
4722001-12-12 REQUEST and ORDER DENYING request to extend time to file an appeal of the discovery order. ( signed by Magistrate Judge Randolph F. Treece ) (tab) (jel, ). (Entered: 12/17/2001)
4732001-12-20 MOTION REJECTION ORDER : rejecting Plaintiff's Motion for Reconsideration of Court's 11/9/01 Order due to plaintiff's ommision of a memorandum of law, pursuant ot LR 7.1(c). ( signed by Magistrate Judge Randolph F. Treece ) Date Entered: 12/26/01 (tab) (Entered: 12/26/2001)
4742001-12-20 REQUEST and ORDER deeming request for an extension of time to file answering papers to Motion is moot due to the motion being rejected. (see document # 473) ( signed by Magistrate Judge Randolph F. Treece ) (tab) (jel, ). (Entered: 12/26/2001)
4752002-02-22 Letter application received from Olof Franzon, Women's Medical & requesting: extension of discovery deadline. (tab) (jel, ). (Entered: 02/26/2002)
4762002-02-22 RESPONSE by Massena Memorial in opposition to [475-1] letter application for discovery deadline extension. (tab) (jel, ). (Entered: 02/26/2002)
4772002-02-22 ORDER granting [475-1] application for extension of discovery deadline as outlined in body of the Order. ( signed by Magistrate Judge Randolph F. Treece ) Date Entered: 2/26/02 (tab) (Entered: 02/26/2002)
4782002-03-08 Response letter dated 2/27/02 by plaintiff: in response to defendant's letter seeking to limit scope of questions directed at defendant, Watson, at the deposition. (tab) (jel, ). (Entered: 03/11/2002)
4792002-03-08 Reply to response letter of plaintiff, by defendant. (replies to document #478) (tab) (jel, ). (Entered: 03/11/2002)
4802002-03-08 Letter to Magistrate Judge Treece dated 3/5/02, from defense attorney Donald Ford, in preparation of status conference scheduled for 3/5/02. (tab) (jel, ). (Entered: 03/11/2002)
4812002-03-08 Status Conference Minute Entry: conference held on 2/21/02 (1 hour), M. Mandell, Esq. for plaintiff, D. Ford, Esq. for defendant, Ryan Donovan, Esq. David Devaprasad, Esq. Kathleen Werther, Esq. and James Lantier, Esq. for defendants. Order to be issued. (tab) (jel, ). (Entered: 03/11/2002)
4822002-07-10 Letter application dated 7/2/02 received from MItchell G. Mandell for Olof Franzon, Women's Medical & requesting: to Inquire into limited discovery issues (fce) (jel, ). (Entered: 07/12/2002)
4832002-07-10 Letter application dated 7/3/02 received from Donald P. Ford for Massena Memorial requesting: a conference in order to resolve various discovery issues which have surfaced (fce) (jel, ). (Entered: 07/12/2002)
4842002-07-10 LETTER RESPONSE dated 7/5/02 by Donald P. Ford for Massena Memorial in opposition to [482-1] application to inquire in limited discovery issues (fce) (jel, ). (Entered: 07/12/2002)
4852002-07-10 LETTER dated 7/8/02 w/attached "Response to Demands of Plaintiff for Further Answers to Interrogatories" from Donald P. Ford re: he will not be filing or serving a motion for contempt, and encloses the attached answers to interrogatories for the Court's review (fce) (Additional attachment(s) added on 7/26/2013: # 1 LETTER, # 2 LETTER) (jel, ). (Entered: 07/12/2002)
4862002-07-10 ORDER, with the exception of four specifically identified matters related to Dr. Choi, the pltf. is precluded from inquiring into matters in any form or fashion that are outside the relevant period of 8/92 to 8/97 , Olaf Franzon is hereby enjoined from discussing with the media or the public or disclosing through the media or by others acting in his behalf any information pertaining to this litigation including but not limited to the status of discovery, the content of any materials disclosed in discovery, the issues discussed in any Court Conference and any information as to the status negotiating positions of any party to this litigation , deft. has reserved its right to make further application to this Court relative to the court-ordered discovery of pltf.'s financial records ( signed by Magistrate Judge Randolph F. Treece, 7/10/02) (fce) (Entered: 07/12/2002)
4872002-07-11 ORDER, reset Discovery deadline to 11/1/02 , reset Motion Filing deadline to 2/1/03 , and reset trial ready deadline for 4/1/03 ( signed by Magistrate Judge Randolph F. Treece ) (wjg) (Entered: 07/15/2002)
4882002-08-06 Letter dated 7/18/02 to Judge Treece from Donald P. Ford, Esq. regarding new discovery issues. (tab) (jel, ). (Entered: 08/14/2002)
4892002-08-06 Letter dated 7/24/02 to Judge Treece from plaintiff's counsel Mitchell Mandell. Requesting that Judge Treece reconsider several elements of the July 10, 2002 Order. (tab) (jel, ). (Entered: 08/14/2002)
4902002-08-06 Letter dated 7/30/02 by plaintiff's counsel in response to defendant's letter of 7/18/02 (document # 488). (tab) (jel, ). (Entered: 08/14/2002)
4912002-08-06 Letter (with attached exhibits A-I) from Donald P. Ford, Esq. requesting that plaintiff's discovery should be denied. (tab) (jel, ). (Entered: 08/14/2002)
4922002-08-06 Letter dated 8/1/02 from Donald P. Ford, Esq. to Judge Treece, additional response to Mr. Mandells letter of 7/30/02, a correction of document #491. (tab) (jel, ). (Entered: 08/14/2002)
4932002-08-06 ORDERED that the plaintiff's motion for reconsideration of this Court's July 10, 2002 Decision-Order is DENIED and it is ORDERED that the defendants motion for a protective order of 46 individual patient medical charts is GRANTED. ( signed by Magistrate Judge Randolph F. Treece ) Date Entered: 8/14/02 (tab) (jel, ). (Entered: 08/14/2002)
4942002-08-14 CHAMBER'S NOTICE of re-service of missing page of 8/6/02 Order. (Page 5 was inadvertently missing and was faxed to all counsel on 8/13/02.) (tab) (jel, ). (Entered: 08/14/2002)
4952002-08-22 APPEAL/MOTION by Olof Franzon, Women's Medical & Appal of Magistrate Order to District Judge , Hearing set for 10:00 10/15/02 , Response Deadline 10/1/02 Motion returnable before Judge/Mag. Judge: Thomas J. McAvoy (tab) (jel, ). (Entered: 08/27/2002)
4962002-08-22 DESIGNATION by Olof Franzon, Women's Medical & of record on appeal (tab) (jel, ). (Entered: 08/27/2002)
4972002-08-26 Scheduling Notice: setting Motion hearing for Plaintiff's Appeal of the Magistrate Judge Decision for 10/15/02 at 10:00 am; no oral argument. (tab) (jel, ). (Entered: 08/27/2002)
4982002-09-16 DECLARATION/AFFIDAVIT by Olof Franzon, Women's Medical & Re: in support of [495-1] motion Appal of Magistrate Order to District Judge, [495-1] Magistrate appeal (tab) (Additional attachment(s) added on 7/24/2013: # 1 DECLARATION/AFFIDAVIT, # 2 DECLARATION/AFFIDAVIT) (jel, ). (Entered: 09/17/2002)
4992002-09-16 MEMORANDUM by Olof Franzon, Women's Medical & in support of [495-1] motion Appeal of Magistrate Order to District Judge, [495-1] Magistrate appeal (tab) (jel, ). (Entered: 09/17/2002)
5002002-09-30 MEMORANDUM OF LAW by Massena Memorial, Board of Managers of, Medical Executive, James B. Watson, Tina Corcoran, Kenneth Maxik, Melchiore L. Buscemi in opposition to [495-1] motion Appal of Magistrate Order to District Judge, [495-1] Magistrate appeal (tab) (jel, ). (Entered: 10/02/2002)
5012002-09-30 AFFIDAVIT by Donald P. Ford, Esq. as to Massena Memorial, Board of Managers of, Medical Executive, James B. Watson, Melchiore L. Buscemi, Kenneth Maxik, Tina Corcoran Re: in Opposition to [495-1] motion Appal of Magistrate Order to District Judge, [495-1] Magistrate appeal (tab) (jel, ). (Entered: 10/02/2002)
5022002-10-03 Letter of Atty Sabo to the court dd 10/1/02 on behalf of Deft Christine Rowe-Button advising of adopting the position and papers submitted by Atty Thuillez, Ford in opposition to Pltfs recent appeal (sfp) (jel, ). (Entered: 10/04/2002)
5032002-10-07 Letter of Atty Krackler to the court dd 10/3/02 advising that Deft Jhaveri joins in the position taken in Atty Ford's Appellate Declaration and Mem. of Law in support of his response to Pltf's appeal (sfp) (jel, ). (Entered: 10/07/2002)
5042002-10-07 Court NOTICE to counsel dd 10/7/02 advising that the pending motions for 10/15/02 are on submit basis, no appearances necessary (sfp) (jel, ). (Entered: 10/07/2002)
5052002-10-10 Letter of Atty Devaprasad to the court dd 10/4/02 on behalf of Deft Burke advising they are adopting the position and papers filed by Deft Massena Memorial Hospital with respect to Pltfs appeal from an order of Mag/Judge Treece (sfp) (jel, ). (Entered: 10/10/2002)
5062002-10-17 Minute entry: MOTION CALENDAR held 10/15/02 bef Judge McAvoy in Albany, NY: APP: None; CR: B. Buckley; LC/JC; CRD/mp. Pltf's [495-1] motion/appeal of MJ order dtd 8/06/02 - TAKEN ON SUBMIT. (cml) (Entered: 10/17/2002)
5072002-10-23 ORDER, that plaintiff be premitted to propound in writing no more than 20 questions to Julie Kelly (a/k/a Sharlow) and those questions are limited as described in this order ( signed by Magistrate Judge Randolph F. Treece ) Date Entered: 10/29/02 (tab) (Entered: 10/29/2002)
5082002-11-15 LETTER RESPONSE by Olof Franzon, Women's Medical & in opposition to defendant's letter application for sanctions dated 10/11/02. (tab) (jel, ). (Entered: 11/18/2002)
5092002-11-15 REPLY/RESPONSE letter dated 11/13/02 by defendants to [508-1] opposition response of plaintiff. (tab) (jel, ). (Entered: 11/18/2002)
5102002-11-15 LETTER RESPONSE by Jayant J. Jhaveri in opposition to plaintiff's opposition dated 11/8/02. (tab) (jel, ). (Entered: 11/18/2002)
5112002-11-15 LETTER RESPONSE by Edward Burke in opposition to plaintiff's opposition dated 11/8/02. (tab) (jel, ). (Entered: 11/18/2002)
5122002-11-19 RESPONSE by Attorney Alvin Sabo, in opposition to plaintiff's reply affidavit. (tab) (jel, ). (Entered: 11/19/2002)
5132002-11-22 LETTER RESPONSE by Sateesh K. Goswami in support of co-defendants' application under Rule 37 FRCP and in response to plaintiff's [508-1] opposition response (tab) (Entered: 11/22/2002)
5142002-12-04 ORDER, Summary judgment motion by defendants should be served on or before 2/1/03; opposition to be served on or before 4/1/03 reply deadline 4/15/03 reset Motion Filing deadline to 4/17/03 , resetting trial ready deadline for 7/17/03 , reset Jury Trial for 7/21/03 ( signed by Magistrate Judge David R. Homer ) Date Entered: 12/5/02 (tab) (Entered: 12/05/2002)
5152003-01-22 STIPULATION of limited Discontinuance by Olof Franzon, Women's Medical &, Edward Burke : discontinuing the 5th and 6th causes of action only as to Defendant Edward F. Burke, MD with prejudice and without costs to either party (tab) (Entered: 01/23/2003)
5162003-01-31 LETTER on behalf of Christine Rowe-Button pursuant to Local Rule 7.1(b) regarding Motion: summary judgment Date Served upon counsel: 1/31/03 (tab) (jel, ). (Entered: 01/31/2003)
5172003-01-31 LETTER on behalf of Massena Memorial, Board of Managers of, Medical Executive, Melchiore L. Buscemi, Lois Nicandri pursuant to Local Rule 7.1(b) regarding Motion: Summary Judgment Date Served upon counsel: 1/30/03 (tab) (jel, ). (Entered: 02/03/2003)
5182003-02-03 LETTER on behalf of Sateesh K. Goswami pursuant to Local Rule 7.1(b) regarding Motion: Summary Judgment Date Served upon counsel: 1/31/03 (tab) (jel, ). (Entered: 02/03/2003)
5192003-02-03 LETTER on behalf of Jayant J. Jhaveri pursuant to Local Rule 7.1(b) regarding Motion: Summary Judgment Date Served upon counsel: 2/3/03 (tab) (jel, ). (Entered: 02/04/2003)
5202003-02-05 LETTER of Atty Krackeler on behalf of Jayant J. Jhaveri pursuant to Local Rule 7.1(b) regarding Motion: summary judgment Date Served upon counsel: 2/3/03 (sfp) (jel, ). (Entered: 02/05/2003)
5212003-02-05 REQUEST and ORDER, granting Donald P. Ford, Jr., Esq.'s for Leave to File Extended brief re: pending motion for summary judgment ( signed by Judge Thomas J. McAvoy ) (pta) Modified on 02/05/2003 (Entered: 02/05/2003)
5222003-02-06 LETTER on behalf of Edward Burke pursuant to Local Rule 7.1(b) regarding Motion: Summary Judgment Date Served upon counsel: 2/1/03 (tab) (jel, ). (Entered: 02/06/2003)
5232003-02-06 LETTER on behalf of Massena Memorial, Board of Managers of, Medical Executive, James B. Watson, Melchiore L. Buscemi, Kenneth Maxik, Tae-Sik Choi, Lois Nicandri, Tina Corcoran pursuant to Local Rule 7.1(b) regarding Motion: summary judgment Date Served upon counsel: 1/30/03 (tab) (jel, ). (Entered: 02/06/2003)
5242003-02-12 MOTION by Defendants for Sanctions against plaintiff for non-compliance of Order (of Magistrate Judge Smith dated 5/2001) Motion returnable before Judge/Mag. Judge: Randolph F. Treece (tab) (Additional attachment(s) added on 7/24/2013: # 1 MOTION by Defendants for Sanctions, # 2 MOTION by Defendants for Sanctions, # 3 MOTION by Defendants for Sanctions) (jel, ). (Entered: 02/12/2003)
5252003-02-14 Letter of Aty Ford to the court dd 2/12/03 re: Atty Mandell's request for 2 month adjournment of Pltfs filing of response to the motion papers (sfp) (jel, ). (Entered: 02/14/2003)
5262003-02-18 Letter of Atty Devaprasad to the court dd 2/14/03 advising he has no objection of Atty Mandell's 2/5/03 request for add'l time to respond to Defts motions for sum. jud. and is requesting adjustment to trial date (sfp) (jel, ). (Entered: 02/18/2003)
5272003-03-31 DECISION & ORDER denying Pltfs [495-1] motion/Appeal of Magistrate/Judge Treece's Order to District Judge ( signed by Judge Thomas J. McAvoy ) Date Entered: 3/31/03 (sfp) (Additional attachment(s) added on 7/18/2013: # 1 DECISION & ORDER) (jel, ). (Entered: 03/31/2003)
5282003-04-17 ORDER, Pltfs' opposition papers to the Defts' summary judgment motions shall be served on 6/13/03; Defts' reply papers shall be served on 6/30/03; If Pltfs' receive permission to file sur-reply papers, they are due on 7/11/03 reset Motion Filing deadline to 7/1/03 , Motions shall be placed on the 8/22/03 motion calendar reset Jury Trial for 9:30 12/1/03 ( signed by Judge Thomas J. McAvoy ) Date Entered: 4/17/03 (sfp) (Additional attachment(s) added on 7/18/2013: # 1 ORDER) (jel, ). (Entered: 04/17/2003)
5292003-06-09 Letter of Atty Mandell to the court dd 6/4/03 requesting a 1 month extension for Pltfs to respond to the 9 pending motions [copy forwarded to chambers/JC] (amt) (jel, ). (Entered: 06/09/2003)
5302003-06-09 Letter of Atty Krackeler to the Court dd 6/6/03 in response to Atty Mandell's 6/4/03 request for an extension of time to respond to Defts' motions [copy forwarded to chambers/JC] (amt) (jel, ). (Entered: 06/09/2003)
5312003-06-10 REQUEST and ORDER, denying Attorney Mitchell G. Mandell's request for extension of time to file Response to Defts Motions which are being circulated ( signed by Judge Thomas J. McAvoy ) (pta) (Entered: 06/10/2003)
5322003-06-11 Letter of Atty Werther to the court dd 6/9/03 in opposition to Pltf's 6/4/03 request for extension of time to respond to Defts' motions (sfp) (Entered: 06/11/2003)
5332003-06-13 Letter of Atty Devaprasad to the court dd 6/9/03 advising that he opposes Pltf's request for extension to file their opposition papers (sfp) (Entered: 06/13/2003)
5342003-06-30 AFFIDAVIT by Donald Ford for Massena Memorial, Board of Managers of, Medical Executive, James B. Watson, Melchiore L. Buscemi, Kenneth Maxik, Tae-Sik Choi, Lois Nicandri, Tina Corcoran Re: support of [534-1] motion to Seal motions for summary judgment (wjg) (jel, ). (Entered: 07/01/2003)
5352003-06-30 MEMORANDUM OF LAW by Massena Memorial, Board of Managers of, Medical Executive, James B. Watson, Melchiore L. Buscemi, Kenneth Maxik, Tae-Sik Choi, Lois Nicandri, Tina Corcoran in support of [534-1] motion to Seal motions for summary judgment (wjg) (jel, ). (Entered: 07/01/2003)
5362003-06-30 PROOF/CERTIFICATE OF SERVICE of Motion to Seal, supporting papers and reply papers by Massena Memorial, Board of Managers of, Medical Executive, James B. Watson, Melchiore L. Buscemi, Kenneth Maxik, Tae-Sik Choi, Lois Nicandri, Tina Corcoran as to counsel on 6/27/03. (wjg) (jel, ). (Entered: 07/01/2003)
5372003-07-03 LETTER/SUR-REPLY of Mitchell G. Mandell, Esq. dd 7-02-03 for in further opposition to Defts collective motions for summary judgment [forward to Chambers/JC] (pta) Modified on 07/08/2003 (jel, ). (Entered: 07/03/2003)
5382003-07-10 LETTER of Donald P. Ford, Jr., Esq. dd 7-09-03 in opposition to Pltf's sur-reply dd 7-02-03 (pta) (jel, ). (Entered: 07/10/2003)
5392003-07-14 Letter of Atty Werther to the court dd 7/11/03 in opposition to Pltf's sur-reply dd 7/2/03 (sfp) (jel, ). (Entered: 07/15/2003)
5402003-07-17 LETTER of S. David Devaprasad, Esq. dd 7-14-03 on behalf of Def Edward Burke MD in opposition to Pltfs request to submit a sur-reply and to file a second amended complaint (pta) (jel, ). (Entered: 07/17/2003)
5412003-07-18 LETTER of Chrustine Kirwin Krackeler, Esq. on behalf of Deft Dr. Jayant Jhaveri in opposition to the Pltfs attorney's letter dated 7-02-03 (pta) (jel, ). (Entered: 07/18/2003)
5422003-08-11 Scheduling Notice:, reset Motion Hearing (for summary judgment motions) to 9/8/03 at 10:00 am in Albany, NY (tab) (jel, ). (Entered: 08/12/2003)
5432003-08-19 STIPULATION to file under seal, summary judgment motions, answering documents and reply papers. (tab) (jel, ). (Entered: 08/20/2003)
5442003-08-19 ORDER, Sealing defendants' summary judgment motions, answering documents and reply papers as stipulated to by all parties in document #543. ( signed by Magistrate Judge Randolph F. Treece ) Date Entered: 8/20/03 (tab) (jel, ). (Entered: 08/20/2003)
5452003-06-30 SEALED AFFIDAVIT by Christine Kirwin Krackeler as to Jayant J. Jhaveri Re: in support of [545-1] motion for Summary Judgment (tab) (jel, ). (Entered: 08/20/2003)
5462003-06-30 SEALED AFFIDAVIT by Jayant J. Jhaveri Re: in support of [545-1] motion for Summary Judgment (tab) Modified on 08/20/2003 (jel, ). (jel, ). (Entered: 08/20/2003)
5472003-06-30 SEALED Statement of Material Facts in Support of [545-1] motion for Summary Judgment filed by Jayant J. Jhaveri (tab) Modified on 08/20/2003 (Entered: 08/20/2003)
5482003-06-30 SEALED MEMORANDUM by Jayant J. Jhaveri in support of [545-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5492003-06-30 SEALED REPLY AFFIDAVIT by Christine Kirwin Krackler, Esq. as to Jayant J. Jhaveri Re: in further support of [545-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5502003-06-30 SEALED REPLY MEMORANDUM by Jayant J. Jhaveri in support of [545-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5512003-01-31 SEALED MOTION by Christine Rowe-Button for Summary Judgment , Hearing set for 10:00 9/8/03 Motion returnable before Judge/Mag. Judge: Thomas J. McAvoy ** This motion was received by the Court on 6/30/03, but is considered filed as of 1/31/03 pursuant to the CJRA reporting requirements instituted on 3/1/00 ** (tab) Modified on 08/20/2003 (Entered: 08/20/2003)
5522003-06-30 SEALED AFFIDAVIT by Kathleen L. Werther, Esq. as to Christine Rowe-Button Re: in support of [551-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5532003-06-30 SEALED AFFIDAVIT by Christine Rowe-Button Re: in support of [551-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5542003-06-30 SEALED AFFIDAVIT by Terry Serguson as to Christine Rowe-Button Re: in support of [551-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5552003-06-30 SEALED Statement of Material Facts in Support of [551-1] motion for Summary Judgment filed by Christine Rowe-Button (tab) (Entered: 08/20/2003)
5562003-06-30 SEALED MEMORANDUM by Christine Rowe-Button in support of [551-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5572003-06-30 SEALED REPLY AFFIDAVIT by Christine Rowe-Button Re: in further support of [551-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5582003-06-30 REPLY AFFIDAVIT by Christine Rowe-Button Re: in further support of [551-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5592003-06-30 SEALED AFFIDAVIT by Donald P. Ford, Esq. as to Lois Nicandri, Melchiore L. Buscemi, Medical Executive, Board of Managers of, Massena Memorial Re: in support of [559-1] motion for Summary Judgment EXHIBITS A-G attached. (tab) Modified on 08/20/2003 (Entered: 08/20/2003)
5602003-06-30 SEALED DOCUMENT: Exhibits H-U in support of Affidavit by Donald P. Ford, Esq. (Document # 559) (tab) (Entered: 08/20/2003)
5612003-06-30 SEALED DOCUMENT: Exhibits U-SS, in support of Affidavit of Donald P. Ford, Esq. (Document # 559) (tab) (Entered: 08/20/2003)
5622003-06-30 SEALED AFFIDAVIT by Lois Nicandri Re: in support of [559-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5632003-06-30 SEALED AFFIDAVIT by Melchiore L. Buscemi Re: in support of [559-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5642003-06-30 SEALED SUPPLEMENTAL AFFIDAVIT by Lois Nicandri, Melchiore L. Buscemi, Medical Executive, Board of Managers of, Massena Memorial Re: in support of [559-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5652003-06-30 SEALED DOCUMENT : Exhibit in support of summary judgment motion: Document Disclosure Fair Hearing Testimony Volume I. (tab) (Entered: 08/20/2003)
5662003-06-30 SEALED DOCUMENT : Exhibits in support of summary judgment motion: Document Disclosure Fair Hearing Volume II. (tab) (Entered: 08/20/2003)
5672003-06-30 SEALED DOCUMENT : Exhibit in support of summary judgment motions: Document Disclosure Fair Hearing Volume III. (tab) (Entered: 08/20/2003)
5682003-06-30 SEALED DOCUMENT : Exhibit in support of summary judgment motions: Document Disclosure, Post-Hearing Judgments Volume IV. (tab) (Entered: 08/20/2003)
5692003-06-30 Statement of Material Facts in Support of [559-1] motion for Summary Judgment filed by Lois Nicandri, Melchiore L. Buscemi, Medical Executive, Board of Managers of, Massena Memorial (tab) (Entered: 08/20/2003)
5702003-06-30 MEMORANDUM by Lois Nicandri, Melchiore L. Buscemi, Medical Executive, Board of Managers of, Massena Memorial in support of [559-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5712003-06-30 SEALED AFFIDAVIT by Donald P. Ford, Esq. as to James B. Watson Re: in support of [571-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5722003-06-30 SEALED AFFIDAVIT by James B. Watson Re: in support of [571-1] motion for Summary Judgment (attached exhibits A-JJJ) (tab) (Additional attachment(s) added on 7/18/2013: # 1 SEALED AFFIDAVIT by James B. Watson, # 2 SEALED AFFIDAVIT by James B. Watson, # 3 SEALED AFFIDAVIT by James B. Watson, # 4 SEALED AFFIDAVIT by James B. Watson, # 5 SEALED AFFIDAVIT by James B. Watson, # 6 SEALED AFFIDAVIT by James B. Watson, # 7 SEALED AFFIDAVIT by James B. Watson, # 8 SEALED AFFIDAVIT by James B. Watson, # 9 SEALED AFFIDAVIT by James B. Watson, # 10 SEALED AFFIDAVIT by James B. Watson) (jel, ). (Entered: 08/20/2003)
5732003-06-30 MEMORANDUM by James B. Watson in support of [571-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5742003-06-30 Statement of Material Facts in Support of [571-1] motion for Summary Judgment filed by James B. Watson (tab) (Entered: 08/20/2003)
5752003-06-30 SEALED REPLY AFFIDAVIT by James B. Watson Re: in further support of [571-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5762003-06-30 Objection to plaintiff's response to Statement of Material Facts in Support of [571-1] motion for Summary Judgment filed by James B. Watson (tab) (Entered: 08/20/2003)
5772003-06-30 CERTIFICATE OF SERVICE by James B. Watson (of reply papers) (tab) (jel, ). (Entered: 08/20/2003)
5782003-06-30 SEALED AFFIDAVIT by Kenneth Maxik Re: in support of [578-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5792003-06-30 SEALED AFFIDAVIT by Kenneth Maxik Re: in support of [578-1] motion for Summary Judgment (Exhibits A-Q attached) (tab) (Additional attachment(s) added on 7/18/2013: # 1 SEALED AFFIDAVIT by Kenneth Maxik) (jel, ). (Entered: 08/20/2003)
5802003-06-30 SEALED EXHIBITS R-JJ in support of Affidavit of Kenneth Maxik. (tab) (Additional attachment(s) added on 7/18/2013: # 1 SEALED EXHIBITS R-JJ) (jel, ). (Entered: 08/20/2003)
5812003-06-20 SEALED EXHIBITS KK-XX in support of Affidavit of Kenneth Maxik. (tab) (jel, ). (Additional attachment(s) added on 7/26/2013: # 1 Sealed Exhibits, # 2 Sealed Exhibits, # 3 Sealed Exhibits, # 4 Sealed Exhibits, # 5 Sealed Exhibits, # 6 Sealed Exhibits, # 7 Sealed Exhibits, # 8 Sealed Exhibits, # 9 Sealed Exhibits, # 10 Sealed Exhibits, # 11 Sealed Exhibits) (jel, ). (Entered: 08/20/2003)
5822003-06-30 SEALED MEMORANDUM by Kenneth Maxik in support of [578-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5832003-06-30 Statement of Material Facts in Support of [578-1] motion for Summary Judgment filed by Kenneth Maxik (tab) (Entered: 08/20/2003)
5842003-06-30 SEALED REPLY AFFIDAVIT by Kenneth Maxik Re: in further support of [578-1] motion for Summary Judgment (tab) (jel, ). (Entered: 08/20/2003)
5852003-06-30 Objection to plaintiffs' response to Statement of Material Facts in Support of [578-1] motion for Summary Judgment filed by Kenneth Maxik (tab) (Entered: 08/20/2003)
5862003-06-30 CERTIFICATE OF SERVICE by Kenneth Maxik (of reply papers) (tab) (jel, ). (Entered: 08/20/2003)
5872003-06-30 SEALED AFFIDAVIT by Donald P. Ford, Esq. as to Tae-Sik Choi Re: in support of [587-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5882003-06-30 SEALED MEMORANDUM by Tae-Sik Choi in support of [587-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5892003-06-30 SEALED Statement of Material Facts in Support of [587-1] motion for Summary Judgment filed by Tae-Sik Choi (tab) (Entered: 08/20/2003)
5902003-06-30 SEALED REPLY AFFIDAVIT by Tae-Sik Choi Re: in further support of [587-1] motion for Summary Judgment (tab) (jel, ). (Entered: 08/20/2003)
5912003-06-30 SEALED Objections to Plaintiffs' response to Statement of Material Facts in Support of [587-1] motion for Summary Judgment filed by Tae-Sik Choi (tab) (Entered: 08/20/2003)
5922003-06-30 CERTIFICATE OF SERVICE by Tae-Sik Choi (of reply papers) (tab) (jel, ). (Entered: 08/20/2003)
5932003-06-30 SEALED AFFIDAVIT by Donald Ford, Esq. as to Tina Corcoran Re: in support of [593-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5942003-06-30 Statement of Material Facts in Support of [593-1] motion for Summary Judgment filed by Tina Corcoran (tab) (Entered: 08/20/2003)
5952003-06-30 SEALED MEMORANDUM by Tina Corcoran in support of [593-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
5962003-06-30 SEALED REPLY AFFIDAVIT by Tina Corcoran Re: in further support of [593-1] motion for Summary Judgment (tab) (jel, ). (Entered: 08/20/2003)
5972003-06-30 SEALED objections to plaintiffs' response to Statement of Material Facts in Support of [593-1] motion for Summary Judgment filed by Tina Corcoran (tab) (Entered: 08/20/2003)
5982003-06-30 CERTIFICATE OF SERVICE by Tina Corcoran (of reply papers) (tab) (Entered: 08/20/2003)
5992003-06-30 REPLY AFFIDAVIT by Donald P. Ford, Esq. as to Lois Nicandri, Melchiore L. Buscemi, Medical Executive, Board of Managers of, Massena Memorial Re: in further support of [559-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
6002003-06-30 SEALED REPLY AFFIDAVIT of Betty Smith Re: in further support of [559-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
6012003-06-30 SEALED REPLY AFFIDAVIT by Lois Nicandri Re: in further support of [559-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
6022003-06-30 SEALED REPLY AFFIDAVIT by Melchiore L. Buscemi Re: in further support of [559-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
6032003-06-30 SEALED REPLY AFFIDAVIT by Charles Fahd Re: in further support of [559-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
6042003-06-30 SEALED REPLY MEMORANDUM by Lois Nicandri, Melchiore L. Buscemi, Medical Executive, Board of Managers of, Massena Memorial in further support of [559-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
6052003-06-30 SEALED Objections to plaintiffs' response to Statement of Material Facts in Support of [559-1] motion for Summary Judgment filed by Lois Nicandri, Melchiore L. Buscemi, Medical Executive, Board of Managers of, Massena Memorial (tab) (Entered: 08/20/2003)
6062003-06-30 CERTIFICATE OF SERVICE by Lois Nicandri, Melchiore L. Buscemi, Medical Executive, Board of Managers of, Massena Memorial (of reply papers) (tab) (Entered: 08/20/2003)
6072003-06-30 SEALED AFFIDAVIT by Olof Franzon Re: in opposition to combined [545-1] motion for Summary Judgment, [593-1] motion for Summary Judgment, [587-1] motion for Summary Judgment, [578-1] motion for Summary Judgment, [571-1] motion for Summary Judgment, [559-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
6082003-06-30 Plaintiff's Statement of Material Facts in Response to [545-1] motion for Summary Judgment, [551-1] motion for Summary Judgment, [593-1] motion for Summary Judgment, [587-1] motion for Summary Judgment, [578-1] motion for Summary Judgment, [571-1] motion for Summary Judgment, [559-1] motion for Summary Judgment filed by Olof Franzon (tab) (Entered: 08/20/2003)
6092003-06-30 SEALED SUPPLEMENTAL AFFIDAVIT by Olof Franzon Re: in further opposition to [545-1] motion for Summary Judgment, [593-1] motion for Summary Judgment, [587-1] motion for Summary Judgment, [578-1] motion for Summary Judgment, [571-1] motion for Summary Judgment, [559-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
6102003-06-30 SEALED MEMORANDUM OF LAW by Olof Franzon in opposition to [545-1] motion for Summary Judgment, [593-1] motion for Summary Judgment, [587-1] motion for Summary Judgment, [578-1] motion for Summary Judgment, [571-1] motion for Summary Judgment, [559-1] motion for Summary Judgment (tab) (Entered: 08/20/2003)
6112003-06-30 SEALED TRANSCRIPT filed: Bakirtzian; Beaulieu; Beckstead; Brown. (tab) (Entered: 08/21/2003)
6122003-06-30 SEALED TRANSCRIPT filed: Burke; Burley (tab) (Entered: 08/21/2003)
6132003-06-30 SEALED TRANSCRIPT filed: Buscemi; Cabrera; Choi; Corcoran; Crump (tab) (Entered: 08/21/2003)
6142003-06-30 SEALED TRANSCRIPT filed; Fahd; Fountain; Goswami; Harper. (tab) (Entered: 08/21/2003)
6152003-06-30 SEALED TRANSCRIPT filed; Holcomb; Jhaveri; Kelly; Lynch (tab) (Entered: 08/21/2003)
6162003-06-30 SEALED TRANSCRIPT filed: Maxik; Nicandri; Podgurski (tab) (Additional attachment(s) added on 7/26/2013: # 1 SEALED TRANSCRIPT, # 2 SEALED TRANSCRIPT, # 3 SEALED TRANSCRIPT, # 4 SEALED TRANSCRIPT) (jel, ). (Entered: 08/21/2003)
6172003-06-30 SEALED TRANSCRIPT filed: Premo; Reagan (tab) (Additional attachment(s) added on 7/26/2013: # 1 SEALED TRANSCRIPT, # 2 SEALED TRANSCRIPT) (jel, ). (Entered: 08/21/2003)
6182003-06-30 SEALED TRANSCRIPT filed: Rowe-Button; Schwam; Smith; Sprague (tab) (Additional attachment(s) added on 7/25/2013: # 1 SEALED TRANSCRIPT, # 2 SEALED TRANSCRIPT, # 3 SEALED TRANSCRIPT, # 4 SEALED TRANSCRIPT, # 5 SEALED TRANSCRIPT, # 6 SEALED TRANSCRIPT, # 7 SEALED TRANSCRIPT) (jel, ). (Entered: 08/21/2003)
6192003-06-30 SEALED TRANSCRIPT filed: Sullivan; Watson. (tab) (Additional attachment(s) added on 7/25/2013: # 1 SEALED TRANSCRIPT, # 2 SEALED TRANSCRIPT, # 3 SEALED TRANSCRIPT, # 4 SEALED TRANSCRIPT) (jel, ). (Entered: 08/21/2003)
6202003-06-30 SEALED VIDEO TAPE dated 11/18/96 (Board Meeting MMH) in support of Franzon Affidavit in Opposition. (tab) (Entered: 08/21/2003)
6212003-02-01 SEALED MOTION by Edward Burke for Summary Judgment , Hearing set for 10:00 9/8/03 Motion returnable before Judge/Mag. Judge: Thomas J. McAvoy ** This motion was received by the court on 6/30/03 but is considered filed as of 2/1/03 pursuant to the CJRA Reporting requirments instituted on 3/1/00** (tab) (Entered: 08/21/2003)
6222003-07-01 SEALED Statement of Material Facts in Support of [621-1] motion for Summary Judgment filed by Edward Burke (tab) (jmb, ). (Entered: 08/21/2003)
6232003-07-01 SEALED AFFIDAVIT by Edward Burke Re: in support of [621-1] motion for Summary Judgment (Exhibits 1-59 attached) (tab) (Entered: 08/21/2003)
6242003-07-01 SEALED MEMORANDUM OF LAW by Edward Burke in support of [621-1] motion for Summary Judgment (tab) (Entered: 08/21/2003)
6252003-07-01 SEALED REPLY AFFIDAVIT by Edward Burke Re: in further support of [621-1] motion for Summary Judgment (tab) (Entered: 08/21/2003)
6262003-07-01 SEALED REPLY MEMORANDUM by Edward Burke in further support of [621-1] motion for Summary Judgment (tab) (Entered: 08/21/2003)
6272003-07-01 SEALED Objections to plaintiff's response to Statement of Material Facts in Support of [621-1] motion for Summary Judgment filed by Edward Burke (tab) (Entered: 08/21/2003)
6282003-07-01 SEALED AFFIDAVIT by Edward Burke Re: in reply to plaintiffs' opposition to [621-1] motion for Summary Judgment (tab) (Entered: 08/21/2003)
6292003-07-01 SEALED AFFIDAVIT by James D. Lantier, Esq. as to Sateesh K. Goswami Re: in support of [629-1] motion for Summary Judgment (tab) (Entered: 08/21/2003)
6302003-07-01 SEALED MEMORANDUM OF LAW by Sateesh K. Goswami in support of [629-1] motion for Summary Judgment (tab) (Entered: 08/21/2003)
6312003-07-01 SEALED Statement of Material Facts in Support of [629-1] motion for Summary Judgment filed by Sateesh K. Goswami (tab) (Entered: 08/21/2003)
6322003-07-03 CERTIFICATE OF SERVICE by Olof Franzon of Opposition papers on all parties. (tab) (Entered: 08/21/2003)
6332003-08-26 Court NOTICE to counsel dd 8/26/03 advising that the pending motions for 9/8/03 are on submit basis, no appearances necessary (sfp) (jel, ). (Entered: 08/26/2003)
6342003-09-09 Minute entry: MOTION CALENDAR held 9/08/03 bef Judge McAvoy in Albany, NY: APP: None; CR: B. Buckley; LC/JC; CRD/mp. Deft Jhaveri [545-1] sealed motion for Summary Judgment; and, Deft Burke [621-1] sealed motion for Summary Judgment; and, Deft Rowe-Button [551-1] sealed motion for Summary Judgment; and, Deft Corcoran [593-1] sealed motion for Summary Judgment; and, Deft Choi [587-1] sealed motion for Summary Judgment; and, Deft Maxik [578-1] sealed motion for Summary Judgment; and, Deft Watson [571-1] sealed motion for Summary Judgment; and, Defts Nicandri, Buscemi, Medical Exec., Bd/Mgrs & Massena Memorial [559-1] sealed motion for Summary Judgment; and, Deft Goswami [629-1] motion for Summary Judgment - TAKEN ON SUBMIT. (cml) (Entered: 09/10/2003)
6352003-09-25 AFFIDAVIT by Olof Franzon Re: in opposition to defendant's motion for sanctions under F.R.C.P. 37. (tab) (jel, ). (Entered: 09/26/2003)
6362003-09-25 MEMORANDUM-DECISION AND ORDER, that this Order will constitute NOTICE that sanctions will be considered; that Defendants, may conduct further depositions of Dr. Franzon; that the Clerk further this Order to chambers of Honorable Thomas J. McAvoy; that Dr. Franzon pay $7,500.00 to Thuillez, Ford, Law Firm and to each of the other Defendant's attorneys the sum of $1,500.00 on or before October 30, 2003. ( signed by Magistrate Judge Randolph F. Treece ) Date Entered: 9/29/03 (tab) (Entered: 09/29/2003)
6372003-10-09 APPEAL/MOTION by Women's Medical &, Olof Franzon of Magistarte Judge Treece's [636-1] order that this Order will constitute NOTICE that sanctions will be considered; that Defendants, may conduct further depositions of Dr. Franzon; that the Clerk further this Order to chambers of Honorable Thomas J. McAvoy; that Dr. Franzon pay $7,500.00 to Thuillez, Ford, Law Firm and to each of the other Defendant's attorneys the sum of $1,500.00 on or before October 30, 2003. , Hearing set for 10:00 11/10/03 , Response Deadline 10/27/03 Motion returnable before Judge/Mag. Judge: Thomas J. McAvoy (tab) (Entered: 10/15/2003)
6382003-10-09 DECLARATION/AFFIDAVIT by Women's Medical &, Olof Franzon Re: in support of [637-1] Magistrate appeal (tab) (Entered: 10/14/2003)
6392003-10-09 MEMORANDUM by Women's Medical &, Olof Franzon in support of [637-1] Magistrate appeal (tab) (Entered: 10/14/2003)
6402003-10-15 Scheduling Notice:, Motion Hearing set for 10:00 11/10/03 re: [637-1] motion of Magistarte Judge Treece's [636-1] order that this Order will constitute NOTICE that sanctions will be considered; that Defendants, may conduct further depositions of Dr. Franzon; that the Clerk further this Order to chambers of Honorable Thomas J. McAvoy; that Dr. Franzon pay $7,500.00 to Thuillez, Ford, Law Firm and to each of the other Defendant's attorneys the sum of $1,500.00 on or before October 30, 2003. (tab) (jel, ). (Entered: 10/15/2003)
6412003-10-17 DECLARATION/ AFFIDAVIT by Tina Corcoran, Tae-Sik Choi, Kenneth Maxik, Melchiore L. Buscemi, Medical Executive, Board of Managers of, Massena Memorial Re: in opposition to [637-1] Magistrate appeal, [637-1] motion of Magistarte Judge Treece's [636-1] order that this Order will constitute NOTICE that sanctions will be considered; that Defendants, may conduct further depositions of Dr. Franzon; that the Clerk further this Order to chambers of Honorable Thomas J. McAvoy; that Dr. Franzon pay $7,500.00 to Thuillez, Ford, Law Firm and to each of the other Defendant's attorneys the sum of $1,500.00 on or before October 30, 2003. (tab) (Entered: 10/21/2003)
6422003-10-17 MEMORANDUM OF LAW by Tina Corcoran, Tae-Sik Choi, Kenneth Maxik, Melchiore L. Buscemi, James B. Watson, Medical Executive, Board of Managers of, Massena Memorial in opposition to [637-1] Magistrate appeal, [637-1] motion of Magistarte Judge Treece's [636-1] order that this Order will constitute NOTICE that sanctions will be considered; that Defendants, may conduct further depositions of Dr. Franzon; that the Clerk further this Order to chambers of Honorable Thomas J. McAvoy; that Dr. Franzon pay $7,500.00 to Thuillez, Ford, Law Firm and to each of the other Defendant's attorneys the sum of $1,500.00 on or before October 30, 2003. (tab) (Entered: 10/21/2003)
6432003-10-17 Binder of Exhibits filed in support of Defendant's opposition to Appeal of Majisrate Judeg Treece's Decision and Order. (tab) (Entered: 10/21/2003)
6442003-10-17 Binder of Exhibits filed in support of Defendant's opposition to Appeal of Majisrate Judeg Treece's Decision and Order. (tab) (Entered: 10/21/2003)
6452003-10-17 Binder of Exhibits filed in support of Defendant's opposition to Appeal of Majisrate Judeg Treece's Decision and Order. (tab) (Entered: 10/21/2003)
6462003-10-24 RESPONSE by Jayant J. Jhaveri to [637-1] motion of Magistarte Judge Treece's [636-1] order that this Order will constitute NOTICE that sanctions will be considered; that Defendants, may conduct further depositions of Dr. Franzon; that the Clerk further this Order to chambers of Honorable Thomas J. McAvoy; that Dr. Franzon pay $7,500.00 to Thuillez, Ford, Law Firm and to each of the other Defendant's attorneys the sum of $1,500.00 on or before October 30, 2003. (tab) (Entered: 10/28/2003)
6472003-10-27 RESPONSE in opposition by Christine Rowe-Button to [637-1] motion of Magistarte Judge Treece's [636-1] order that this Order will constitute NOTICE that sanctions will be considered; that Defendants, may conduct further depositions of Dr. Franzon; that the Clerk further this Order to chambers of Honorable Thomas J. McAvoy; that Dr. Franzon pay $7,500.00 to Thuillez, Ford, Law Firm and to each of the other Defendant's attorneys the sum of $1,500.00 on or before October 30, 2003. (tab) (Entered: 10/31/2003)
6482003-10-31 RESPONSE in opposition by Edward Burke to [637-1] motion of Magistarte Judge Treece's [636-1] order that this Order will constitute NOTICE that sanctions will be considered; that Defendants, may conduct further depositions of Dr. Franzon; that the Clerk further this Order to chambers of Honorable Thomas J. McAvoy; that Dr. Franzon pay $7,500.00 to Thuillez, Ford, Law Firm and to each of the other Defendant's attorneys the sum of $1,500.00 on or before October 30, 2003. (tab) (Entered: 10/31/2003)
6492003-11-03 Court NOTICE to counsel dd 11/3/03 advising that the pending motions for 11/10/03 are on submit basis, no appearances necessary (sfp) (jel, ). (Entered: 11/03/2003)
6502003-10-31 Pretrial Submission pursuant to Rule 26(a)(3) regarding potential witnesses to be called at trial, by Defendants. (tab) (jel, ). (Entered: 11/04/2003)
6512003-11-06 RESPONSE LETTER by Sateesh K. Goswami in opposition to [637-1] Magistrate appeal, [637-1] motion of Magistarte Judge Treece's [636-1] order that this Order will constitute NOTICE that sanctions will be considered; that Defendants, may conduct further depositions of Dr. Franzon; that the Clerk further this Order to chambers of Honorable Thomas J. McAvoy; that Dr. Franzon pay $7,500.00 to Thuillez, Ford, Law Firm and to each of the other Defendant's attorneys the sum of $1,500.00 on or before October 30, 2003. (tab) (Entered: 11/07/2003)
6522003-11-12 Minute entry: MOTION CALENDAR held 11/10/03 bef Judge McAvoy in Albany, NY: APP: None; CR: T. Berical; LC/JC; CRD/mp. Pltf's [637-1] appeal/motion of MJ Treece's [636-1] order - TAKEN ON SUBMIT. (cml) (Entered: 11/12/2003)
6532003-11-10 Pretrial submission pursuant to Rule 26, by defendant Sateesh K. Goswami (tab) (jel, ). (Entered: 11/13/2003)
6542003-12-10 STIPULATION/ORDER of Limited discontinuance with prejudice as to Deft Edward Burke with respect to the fourth, fifth, and sixth causes of action only as set forth in the Pltf's amended complaint signed by all parties, signed by Judge McAvoy (sfp) (Entered: 12/10/2003)
6552004-02-04 ORDER REASSIGNING CASE. Case reassigned to Judge Gary L. Sharpe for all further proceedings. Judge Thomas J. McAvoy no longer assigned to case. Signed by Judge Frederick J. Scullin Jr. on 2/4/04. (jlm) (Entered: 02/05/2004)
6562004-11-19 Minute Entry for proceedings held before Judge Gary L. Sharpe : CRD: John Law;Motion Hearing held on 11/18/2004 re 578 Motion for Summary Judgment filed by Kenneth Maxik, 637 Motion for Reconsideration filed by Olof Franzon, Women's Medical & Surgical Health Care, P.C., 545 Motion for Summary Judgment filed by Jayant J. Jhaveri, 629 Motion for Summary Judgment filed by Sateesh K. Goswami, 587 Motion for Summary Judgment filed by Tae-Sik Choi, 551 Motion for Summary Judgment filed by Christine Rowe-Button, 559 Motion for Summary Judgment filed by Massena Memorial Hospital, Board of Managers of Massena Memorial Hospital, Medical Executive Committee of Massena Memorial Hospital, Melchiore L. Buscemi, Lois Nicandri, 593 Motion for Summary Judgment filed by Tina Corcoran, 571 Motion for Summary Judgment filed by James B. Watson, 621 Motion for Summary Judgment filed by Edward Burke. Appearances Made: Mitchell Mandell, Esq., for the plaintiffs, Donald P. Ford, Esq., for the Massena Defendants, Watson, Buscemi, Nicandri, Corcoran and Maxik, Ryan Donvan, Esq., for Defendant Jhaveri, Kathleen Werther, Esq., for Defendant Rowe-Button, Jennifer Ploetz, Esq., for Defendant Goswami and P. Baird Joslin, Esq., for Defendant Burke; Judge gives short summary; Judge addresses the Appeal of the Magistrate's Decision first; Argument is heard by counsel on the matter; Judge Sharpe states Judge Treece's Order is AFFIRMED and the appeal of the magistrate's decision is DENIED; Judge addresses the motions for summary judgment; Judge discusses causes of action 2,3, and 4; Atty. Mandell states that these causes are to be dismissed; Judge DISMISSES causes of action 2,3 and 4 upon concession of the plaintiff; Judge discusses 1st cause of action; oral argument is heard by all counsel; Judge addresses local rule 7.1 with plaintiff's counsel; Judge addresses plaintiff's counsel regarding what suing for under 1st cause of action; Judge directs plaintiff to file 7.1 statement on or before December 31, 2004; Defense counsel directed to file response on or before February 1, 2005. (Court Reporter Theresa Casal) Time: 9:00-1:25 p.m. (jel, ) (Entered: 11/19/2004)
6572004-11-23 Cover Letter from Defendant Massena Memorial Hospital, submitting proposed order for Board of Managers of Massena Memorial Hospital requesting Order be signed by Judge Sharpe. (Attachments: # 1 Proposed Order/Judgment)(Ford, Donald) (Entered: 11/23/2004)
6582004-11-24 ORDER, that the fourth, fifth and sixth causes of action in plaintiffs' amended complaint of October 9, 1997 are hereby dismissed with prejudice and without cost. Signed by Judge Gary L. Sharpe on 11/24/2004. (jel, ) (Entered: 11/24/2004)
6592004-11-29 AFFIDAVIT of Service for Proposed Order & Cover Letter served on Frances Ciardullo and Mae D'Agostino on November 29, 2004, filed by Board of Managers of Massena Memorial Hospital. (Ford, Donald) (Entered: 11/29/2004)
6602004-12-23 Letter from Defendant Massena to Plaintiff for Massena Memorial Hospital requesting Responding to Request for Extension. (Ford, Donald) (Entered: 12/23/2004)
6612004-12-23 Letter for Olof Franzon requesting Extension of Time. (Mandell, Mitchell) (Entered: 12/23/2004)
6622004-12-29 LETTER REQUEST dated 12/23/2004 by Mitchell G. Mandell and ORDER granting plaintiffs' request to extend the deadline to file the statment of material facts for a period of (2) two weeks. Statement of material facts to be filed on or before 1/14/2005 . Signed by Judge Gary L. Sharpe on 12/29/2004. (jel, ) (Entered: 12/29/2004)
6632004-12-30 Letter from Defendant Massena Memorial for Board of Managers of Massena Memorial Hospital requesting Extension to Answer Plaintiff's Statement of Material Facts. (Ford, Donald) (Entered: 12/30/2004)
6642005-01-03 LETTER REQUEST dated 12/29/2004 by Donald P. Ford, Jr., Esq., and ORDER granting request to file the answer to the statement of material facts on or before February 25, 2005. Signed by Judge Gary L. Sharpe on 1/3/2005. (jel, ) (Entered: 01/03/2005)
6652005-01-04 TRANSCRIPT of Proceedings held on November 18, 2004 before Judge Gary L. Sharpe (Motion). Court Reporter: Theresa Casal. (tab) (intalb, ). (Entered: 01/04/2005)
6662005-01-10 Letter from Ryan T. Donovan, Esq. for Jayant J. Jhaveri requesting An extension of time to file statement of material facts.. (Donovan, Ryan) (Entered: 01/10/2005)
6672005-01-11 LETTER REQUEST dated 1/7/2005 by Ryan T. Donovan, Esq., for Defendant Dr. Jhaveri and ORDER GRANTING request for an extension until 2/25/2005 to file its statement of material facts. Signed by Judge Gary L. Sharpe on 1/11/2005. (jel, ) (Entered: 01/12/2005)
6682005-01-12 Letter from Defendant, Goswami for Sateesh K. Goswami requesting Extension to file Answer. (Ploetz, Jennifer) (Entered: 01/12/2005)
6692005-01-13 Letter from P. Baird Joslin, Esq. for Edward Burke requesting Extension of time to file statement of material facts. (O'Connor, Terence) (Entered: 01/13/2005)
6702005-01-13 LETTER REUQEST dated 1/10/2005 by Jennifer L. Ploetz, Esq., for Defendant Goswami and ORDER Granting extension to submit an answer to plaintiffs' statement of material facts on or before 2/25/05 . Signed by Judge Gary L. Sharpe on 1/13/2005. (jel, ) (Entered: 01/13/2005)
6712005-01-14 STATEMENT OF MATERIAL FACTS re 578 Motion for Summary Judgment, 545 Motion for Summary Judgment, 629 Motion for Summary Judgment, 587 Motion for Summary Judgment, 551 Motion for Summary Judgment, 559 Motion for Summary Judgment, 593 Motion for Summary Judgment, 571 Motion for Summary Judgment, 621 Motion for Summary Judgment filed by Olof Franzon. (Mandell, Mitchell) (Entered: 01/14/2005)
6722005-01-14 STATEMENT OF MATERIAL FACTS re 621 Motion for Summary Judgment filed by Olof Franzon. (Mandell, Mitchell) (Entered: 01/14/2005)
6732005-01-14 STATEMENT OF MATERIAL FACTS re 578 Motion for Summary Judgment filed by Olof Franzon. (Mandell, Mitchell) (Entered: 01/14/2005)
6742005-01-14 STATEMENT OF MATERIAL FACTS re 545 Motion for Summary Judgment filed by Olof Franzon. (Mandell, Mitchell) (Entered: 01/14/2005)
6752005-01-14 LETTER REQUEST dated 1/12/2005 by P. Baird Joslin, Esq., for Defendant Dr. Edward Burke and ORDER GRANTING request for an extension until 2/25/2005 to file statement of material facts. Signed by Judge Gary L. Sharpe on 1/14/2005. (jel, ) (Entered: 01/14/2005)
6762005-01-21 CERTIFICATE OF SERVICE by Olof Franzon (Mandell, Mitchell) (Entered: 01/21/2005)
6772005-01-26 First MOTION for Preliminary Injunction stricking plaintiffs' original and supplemental Statement of Material Facts by Jayant J. Jhaveri. (Attachments: # 1 Exhibit(s) Exhibits to Affidavit of Ryan T. Donovan)(Donovan, Ryan) (Entered: 01/26/2005)
6782005-01-27 CERTIFICATE OF SERVICE by Jayant J. Jhaveri re 677 First MOTION for Preliminary Injunction stricking plaintiffs' original and supplemental Statement of Material Facts (Donovan, Ryan) (Entered: 01/27/2005)
6792005-01-28 MOTION for Preliminary Injunction in Support of Dr. Jhaveri Preliminary Injunction by Sateesh K. Goswami.(Ploetz, Jennifer) (Entered: 01/28/2005)
6802005-01-28 CERTIFICATE OF SERVICE by Sateesh K. Goswami re 679 MOTION for Preliminary Injunction in Support of Dr. Jhaveri Preliminary Injunction (Ploetz, Jennifer) (Entered: 01/28/2005)
6812005-01-31 MINUTE ORDER, that the February 25, 2005, date by which the defendants were ordered to respond to plaintiff's Local Rule 7.1 Statement of Material Facts (Dkt. Nos. 671-74) is HEREBY SUSPENDED PENDING FURTHER ORDER OF THE COURT; that the defendants' motions for an "order to show cause" (Dkt. Nos. 677-680) are HEREBY ADJOURNED, SINE DIE, PENDING FURTHER ORDER OF THE COURT; that all defendants wishing to join the defendants' motions already filed, but suspended in the preceding decretal paragraph, SHALL NOTIFY the court, by letter, filed on or before FRIDAY, FEBRUARY 11, 2005, of their intention to join such motions. Signed by Judge Gary L. Sharpe on 1/31/2005. (jel, ) (Entered: 01/31/2005)
6822005-02-01 AFFIDAVIT in Support re 679 MOTION for Preliminary Injunction in Support of Dr. Jhaveri Preliminary Injunction filed by Christine Rowe-Button. (Werther, Kathleen) (Entered: 02/01/2005)
6832005-02-01 CERTIFICATE OF SERVICE by Christine Rowe-Button re 682 Affidavit in Support of Motion (Werther, Kathleen) (Entered: 02/01/2005)
6842005-02-03 Letter from P. Baird Joslin, Esq. for Edward Burke requesting Permission to join with the Order to Show Cause of defendant Jayant J. Jhaveri, M.D. seeking an Order from the Court. (O'Connor, Terence) (Entered: 02/03/2005)
6852005-02-04 Letter from Donald P. Ford, Jr., Esq. for Massena Memorial Hospital requesting permission to join with the Order to Show Cause of defendant Jayant J. Jhaveri, M.D. seeking an Order from the Court for Massena Memorial Hospital Board of Managers of MMH, Medical Executive Committee of MMH, James B. Watson, Melchiore Buscemi, MD, Kenneth Maxik, Tai-Sik Choi, MD, Lois Nicandri and Tina Corcoran. (Ford, Donald) (Entered: 02/04/2005)
6862005-02-11 Letter from Plaintiffs' Counsel for Olof Franzon. (Mandell, Mitchell) (Entered: 02/11/2005)
6872006-05-05 STIPULATION CONSENT TO CHANGE ATTORNEYS by Christine Rowe-Button submitted to Judge Sharpe. (Hutchison, Fred) (Entered: 05/05/2006)
6882006-05-05 CERTIFICATE OF SERVICE by Christine Rowe-Button re 687 Stipulation Consent to Change Attorneys (Hutchison, Fred) (Entered: 05/05/2006)
6892007-05-07 MEMORANDUM-DECISION and ORDER, that Jhaveri's and Goswami's 677 and 679 motions for preliminary injunction, requesting that the court strike Franzon's additional Statement of Material Facts from the record are GRANTED insofar as they seek to strike Franzon's Statement 671 , 672 , 673 and 674 from the record and DENIED insofar as they seek the imposition of sanctions; that MMH, MMH Board of Managers, MMH Executive Committee, Melchiore Buscemi and Lois Nicandri's 559 motion for summary judgment is: 1. GRANTED insofar as it seeks dismissal of Franzon's First Amendment retaliation and conspiracy claims against Lois Nicandri and 2. DENIED insofar as it seeks dismissal of Franzon's First Amendment retaliation and conspiracy claims against MMH, MMH Board of Managers, MMH Executive Committee, and Melchiore Buscemi; that Watson's 571 motion for summary judgment is DENIED; that Jhaveri's 545 motion for summary judgment is DENIED; that Dr. Burke's 621 motion for summary judgment is DENIED; that Dr. Rowe-Button's 551 motion for summary judgment is GRANTED, and all claims against her are DISMISSED; that Kenneth Maxik's 578 motion for summary judgment is GRANTED, and all claims against him are DISMISSED; that Dr. Sateesh Goswami's 629 motion for summary judgment is GRANTED, and all claims against him are DISMISSED; that Dr. Tae-Sik Choi's 587 motion for summary judgment is GRANTED, and all claims against him are DISMISSED; that Tina Corcoran's 593 motion for summary judgment is GRANTED, and all claims against her are DISMISSED; that Franzon's surviving First Amendment retaliation and conspiracy claims against MMH, MMH Board of Managers, MMH Executive Committee, Dr. Melechiore Buscemi, James B. Watson, Dr. Jhaveri, and Dr. Burke are deemed trial-ready. Signed by Judge Gary L. Sharpe on 5/7/2007. (jel, ) (Entered: 05/07/2007)
6902007-05-18 MOTION for Reconsideration or Reargument Motion Hearing set for 6/21/2007 09:00 AM in Albany before Judge Gary L. Sharpe.,Response to Motion due by 6/4/2007,Reply to Response to Motion due by 6/11/2007. by Massena Memorial Hospital. (Attachments: # 1 Affidavit of Donald P. Ford, with exhibits# 2 Affidavit of James B. Watson, with Exhibits# 3 Memorandum of Law) (Ford, Donald) (Entered: 05/18/2007)
6912007-05-18 MOTION for Reconsideration re 689 Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion for Preliminary Injunction,,,,,,,,,,,,,,, Motion Hearing set for 6/21/2007 09:00 AM in Albany before Judge Gary L. Sharpe.,Response to Motion due by 6/4/2007,Reply to Response to Motion due by 6/11/2007. by Jayant J. Jhaveri. (Attachments: # 1 Affidavit # 2 Memorandum of Law) (D'Agostino, Mae) (Entered: 05/18/2007)
6922007-05-18 CERTIFICATE OF SERVICE by Jayant J. Jhaveri re 691 MOTION for Reconsideration re 689 Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion for Preliminary Injunction,,,,, MOTION for Reconsideration re 689 Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion for Preliminary Injunction,,,,, (D'Agostino, Mae) (Entered: 05/18/2007)
6932007-05-18 MOTION for Reconsideration Motion Hearing set for 6/21/2007 09:00 AM in Albany before Judge Gary L. Sharpe.,Response to Motion due by 6/4/2007,Reply to Response to Motion due by 6/11/2007. by Edward Burke. (Attachments: # 1 Affidavit of P. Baird Joslin, Esq.# 2 Memorandum of Law) (Joslin, Peter) (Entered: 05/18/2007)
6942007-05-21 Letter Motion from Mitchell G. Mandell, Esq. for Olof Franzon requesting Consideration of Local Rule 7.1(g) submitted to Judge Gary L. Sharpe. (Mandell, Mitchell) (Entered: 05/21/2007)
6952007-05-22 Letter Motion from Donald P. Ford on behalf of Massena Memorial Hospital, et al., responding to letter of Mitchell Mandell dated May 21, 2007 for Massena Memorial Hospital requesting The Court deem the motion to reconsider was timely filed pursuant to FRCP 6(a) and L.R. 7.1(g) submitted to Judge Honorable Gary L. Sharpe. (Ford, Donald) (Entered: 05/22/2007)
6962007-05-24 ORDER denying 690 Motion for Reconsideration ; denying 691 Motion for Reconsideration ; denying 693 Motion for Reconsideration. Signed by Judge Gary L. Sharpe on 5/23/2007. (jel, ) (Entered: 05/24/2007)
6972007-05-24 Letter Motion from Adrienne J. Kerwin, Esq. for Jayant J. Jhaveri requesting that the Court deem that Attorney Donovan's motion to reargue was timely filed and served pursuant to FRCP 6(a) and Local Rule 7.1(g) submitted to Judge Gary L. Sharpe. (Kerwin, Adrienne) (Entered: 05/24/2007)
6982007-05-24 CERTIFICATE OF SERVICE by Jayant J. Jhaveri re 697 Letter Motion from Adrienne J. Kerwin, Esq. for Jayant J. Jhaveri requesting that the Court deem that Attorney Donovan's motion to reargue was timely filed and served pursuant to FRCP 6(a) and Local Rule 7.1(g) submitted to Judge Gary L. Sharpe Letter Motion from Adrienne J. Kerwin, Esq. for Jayant J. Jhaveri requesting that the Court deem that Attorney Donovan's motion to reargue was timely filed and served pursuant to FRCP 6(a) and Local Rule 7.1(g) submitted to Judge Gary L. Sharpe (Kerwin, Adrienne) (Entered: 05/24/2007)
6992007-05-25 TRIAL ORDER; Consent to the Exercise of Jurisdiction by a Magistrate Judge, if the parties so choose, must be filed on or before September 17, 2007; Pretrial Submissions due by 9/19/2007; Final Pretrial Conference set for 10/2/2007 at 03:00 PM in Albany before Judge Gary L. Sharpe; Jury Selection set for 10/10/2007 at 03:00 PM in Albany before Judge Gary L. Sharpe. Jury Trial shall proceed immediately upon the completion of the case preceding it. Signed by Judge Gary L. Sharpe on 5/25/2007. (jel, ) (Entered: 05/25/2007)
7002007-05-25 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Change in Trial Date submitted to Judge Hon. Gary L. Sharpe. (Ford, Donald) (Entered: 05/25/2007)
7012007-05-30 ORDER, that the Massena Memorial Hospital Defendants' 700 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Change in Trial Date is GRANTED. An amended trial order will be issued resetting the pretrial submission deadline, final pretrial conference and jury trial date. Signed by Judge Gary L. Sharpe on 5/30/2007. (jel, ) (Entered: 05/30/2007)
7022007-05-31 AMENDED TRIAL ORDER: Consent to the Exercise of Jurisdiction by a Magistrate Judge, if the parties so choose, is to be filed on or before October 23, 2007; Pretrial Submissions due by 4:00 p.m. on 10/29/2007; Final Pretrial Conference set for 11/5/2007 at 09:00 AM in Albany before Judge Gary L. Sharpe; Jury Selection and Trial set for 11/13/2007 at 09:30 AM in Albany before Judge Gary L. Sharpe. Signed by Judge Gary L. Sharpe on 5/30/2007. (jel, ) (Entered: 05/31/2007)
7032007-10-10 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony for failure to serve expert response submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/10/2007)
7042007-10-10 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding hearsay testimony and tape recordings submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/10/2007)
7052007-10-10 Letter Motion from Donald P. Ford, Jr. for James B. Watson requesting Motion in Limine precluding certain testimony pertaining to James Watson submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/10/2007)
7062007-10-10 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony pertaining to informed consent issues submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/10/2007)
7072007-10-10 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony as to certain medical cases of other physicians submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/10/2007)
7082007-10-10 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony as to fault as to any party who has received summary judgment submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/10/2007)
7092007-10-10 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding evidence as to the credentialing of Kaye Douglas, M.D. submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/10/2007)
7102007-10-10 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding evidence as to Drs. Choi, Douglas, Duello, Dobies, Murat and Bridgman per the Orders of Judge Treece and Judge McAvoy submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/10/2007)
7112007-10-10 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding evidence pertaining to insurance referrals submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/10/2007)
7122007-10-10 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony re: medical treatment of witnesses (privacy issues) submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/10/2007)
7132007-10-10 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding any testimony pertaining to abortion submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/10/2007)
7142007-10-10 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding evidence contrary to the Decision of Judge McAvoy and the Public Health Council as law of the case submitted to Judge Sharpe. (Attachments: # 1 Exhibit(s) (continued))(Ford, Donald) (Entered: 10/10/2007)
7152007-10-10 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony as to Drs. Momah, Wilson, Vira, Dobies and Daye submitted to Judge Sharpe. (Attachments: # 1 Exhibit(s) (continued)# 2 Exhibit(s) (conclusion))(Ford, Donald) (Entered: 10/10/2007)
7162007-10-10 CERTIFICATE OF SERVICE by Massena Memorial Hospital re 710 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding evidence as to Drs. Choi, Douglas, Duello, Dobies, Murat and Bridgman per the Orders of Judge Treece and Judge McAvoy submitted to Judge Sharpe, 704 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding hearsay testimony and tape recordings submitted to Judge Sharpe, 706 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony pertaining to informed consent issues submitted to Judge Sharpe, 703 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony for failure to serve expert response submitted to Judge Sharpe, 705 Letter Motion from Donald P. Ford, Jr. for James B. Watson requesting Motion in Limine precluding certain testimony pertaining to James Watson submitted to Judge Sharpe, 711 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding evidence pertaining to insurance referrals submitted to Judge Sharpe, 713 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding any testimony pertaining to abortion submitted to Judge Sharpe, 715 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony as to Drs. Momah, Wilson, Vira, Dobies and Daye submitted to Judge Sharpe, 712 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony re: medical treatment of witnesses (privacy issues) submitted to Judge Sharpe, 708 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony as to fault as to any party who has received summary judgment submitted to Judge Sharpe, 707 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony as to certain medical cases of other physicians submitted to Judge Sharpe, 714 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding evidence contrary to the Decision of Judge McAvoy and the Public Health Council as law of the case submitted to Judge Sharpe, 709 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding evidence as to the credentialing of Kaye Douglas, M.D. submitted to Judge Sharpe (Ford, Donald) (Entered: 10/10/2007)
7172007-10-10 NOTICE of Appearance by Brendan F. Baynes on behalf of Jayant J. Jhaveri (Baynes, Brendan) (Entered: 10/10/2007)
7182007-10-24 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding statements, testimony and documents as to anesthesia billing submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/24/2007)
7192007-10-24 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding evidence of economic loss and proposed exhibits related thereto submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/24/2007)
7202007-10-24 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion In Limine precluding statements of Henry Dobies, M.D. and statements and articles by Christine Rowe-Button, M.D. submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/24/2007)
7212007-10-24 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding statements of community members at the MMH Board of Managers meetings submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/24/2007)
7222007-10-24 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding speculation as to matters covered by attorney/client privilege submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/24/2007)
7232007-10-24 DEPOSITION TRANSCRIPT of Bedros Bakirtzian taken on September 19, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Bedros Bakirtzian)(Ford, Donald) (Entered: 10/24/2007)
7242007-10-24 DEPOSITION TRANSCRIPT of Edward Burke, M.D. taken on August 9, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Edward Burke, M.D.)(Ford, Donald) (Entered: 10/24/2007)
7252007-10-24 DEPOSITION TRANSCRIPT of Karyn Fellion taken on April 10, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Karyn Fellion)(Ford, Donald) (Entered: 10/24/2007)
7262007-10-24 DEPOSITION TRANSCRIPT of Sateesh K. Goswami taken on February 7, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Sateesh K. Goswami)(Ford, Donald) (Entered: 10/24/2007)
7272007-10-24 DEPOSITION TRANSCRIPT of Margaret Green taken on October 2, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Margaret Green)(Ford, Donald) (Entered: 10/24/2007)
7282007-10-24 DEPOSITION TRANSCRIPT of Julie Kelly taken on June 6, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Julie Kelly)(Ford, Donald) (Entered: 10/24/2007)
7292007-10-24 DEPOSITION TRANSCRIPT of Gina Marie Lynch taken on May 13, 1998 by Massena Memorial Hospital. (Attachments: # 1 Transcript Gina Marie Lynch)(Ford, Donald) (Entered: 10/24/2007)
7302007-10-24 DEPOSITION TRANSCRIPT of Kenneth Maxik taken on August 13, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Kenneth Maxik)(Ford, Donald) (Entered: 10/24/2007)
7312007-10-24 DEPOSITION TRANSCRIPT of Christine Rowe-Button taken on September 23, 2002 by Massena Memorial Hospital.(Ford, Donald) (Entered: 10/24/2007)
7322007-10-24 DEPOSITION TRANSCRIPT of Erik St. Pierre taken on May 22, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Erik St. Pierre)(Ford, Donald) (Entered: 10/24/2007)
7332007-10-24 DEPOSITION TRANSCRIPT of Steven Schwam, M.D. taken on October 28, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Steven Schwam, M.D. (Part A)# 2 Transcript Steven Schwam, M.D. (Part B))(Ford, Donald) (Entered: 10/24/2007)
7342007-10-24 DEPOSITION TRANSCRIPT of Betty Smith taken on April 11, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Betty Smith)(Ford, Donald) (Entered: 10/24/2007)
7352007-10-24 DEPOSITION TRANSCRIPT of Bruce Smith, M.D. taken on May 15, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Bruce Smith, M.D.)(Ford, Donald) (Entered: 10/24/2007)
7362007-10-24 DEPOSITION TRANSCRIPT of Spurgeon S. Smith taken on October 2, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Spurgeon S. Smith)(Ford, Donald) (Entered: 10/24/2007)
7372007-10-24 DEPOSITION TRANSCRIPT of Judith Sprague taken on February 22, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Judith Sprague)(Ford, Donald) (Entered: 10/24/2007)
7382007-10-24 DEPOSITION TRANSCRIPT of Pam Squire taken on December 17, 1996 by Massena Memorial Hospital. (Attachments: # 1 Transcript Pam Squire)(Ford, Donald) (Entered: 10/24/2007)
7392007-10-24 DEPOSITION TRANSCRIPT of Jane Ward taken on April 10, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Jane Ward)(Ford, Donald) (Entered: 10/24/2007)
7402007-10-24 DEPOSITION TRANSCRIPT of James B. Watson taken on March 8, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript James B. Watson)(Ford, Donald) (Entered: 10/24/2007)
7412007-10-24 DEPOSITION TRANSCRIPT of Lynn Wheeler taken on October 18, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Lynn Wheeler)(Ford, Donald) (Entered: 10/24/2007)
7422007-10-24 DEPOSITION TRANSCRIPT of Olof Franzon taken on June 8, 1998 by Massena Memorial Hospital. (Attachments: # 1 Transcript Olof Franzon (Part A))(Ford, Donald) (Entered: 10/24/2007)
7432007-10-24 DEPOSITION TRANSCRIPT of Olof Franzon taken on December 13, 2001 by Massena Memorial Hospital. (Attachments: # 1 Transcript Olof Franzon (Part B))(Ford, Donald) (Entered: 10/24/2007)
7442007-10-24 DEPOSITION TRANSCRIPT of Olof Franzon taken on January 24, 2002 by Massena Memorial Hospital. (Attachments: # 1 Olof Franzon (Part C))(Ford, Donald) (Entered: 10/24/2007)
7452007-10-24 DEPOSITION TRANSCRIPT of Olof Franzon taken on January 25, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Olof Franzon (Part D))(Ford, Donald) (Entered: 10/24/2007)
7462007-10-24 DEPOSITION TRANSCRIPT of Olof Franzon taken on March 20, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Olof Franzon (Part E))(Ford, Donald) (Entered: 10/24/2007)
7472007-10-24 DEPOSITION TRANSCRIPT of Christine Rowe-Button taken on September 23, 2002 (The designated pages to be used at trial has been filed and is Document 731) by Massena Memorial Hospital.(Ford, Donald) (Entered: 10/24/2007)
7482007-10-24 CERTIFICATE OF SERVICE by Massena Memorial Hospital for 5 Motions in Limine and 20 Deposition Transcripts (Ford, Donald) (Entered: 10/24/2007)
7492007-10-26 Court Ordered Voir Dire by Massena Memorial Hospital. (Ford, Donald) (Entered: 10/26/2007)
7502007-10-26 PRETRIAL MEMORANDUM by Massena Memorial Hospital. (Ford, Donald) (Entered: 10/26/2007)
7512007-10-26 Witness List by Massena Memorial Hospital. (Ford, Donald) (Entered: 10/26/2007)
7522007-10-26 Proposed Voir Dire by Massena Memorial Hospital. (Ford, Donald) (Entered: 10/26/2007)
7532007-10-26 Proposed Jury Instructions by Massena Memorial Hospital. (Ford, Donald) (Entered: 10/26/2007)
7542007-10-26 CERTIFICATE OF SERVICE by Massena Memorial Hospital re 752 Proposed Voir Dire, 750 Pretrial Memorandum, 753 Proposed Jury Instructions, 751 Witness List, 749 Court Ordered Voir Dire (Ford, Donald) (Entered: 10/26/2007)
7552007-10-29 PROPOSED VERDICT FORM by Massena Memorial Hospital. (Ford, Donald) (Entered: 10/29/2007)
7562007-10-29 CERTIFICATE OF SERVICE by Massena Memorial Hospital (Ford, Donald) (Entered: 10/29/2007)
7572007-10-29 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding proposed plaintff's exhibits and such other relief as the Court deems appropriate submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/29/2007)
7582007-10-29 DEPOSITION TRANSCRIPT of Dr. Robert Silverman - Fair Hearing Transcript taken on December 16, 1996 by Massena Memorial Hospital. (Attachments: # 1 Transcript Part B)(Ford, Donald) (Entered: 10/29/2007)
7592007-10-29 CERTIFICATE OF SERVICE by Massena Memorial Hospital (Ford, Donald) (Entered: 10/29/2007)
7602007-10-29 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Supplemental Final Motion in Limine Precluding Proposed Exhibits submitted to Judge Sharpe. (Ford, Donald) (Entered: 10/29/2007)
7612007-10-29 CERTIFICATE OF SERVICE by Massena Memorial Hospital (Ford, Donald) (Entered: 10/29/2007)
7622007-10-29 Court Ordered Voir Dire by Olof Franzon. (Mandell, Mitchell) (Entered: 10/29/2007)
7632007-10-29 Proposed Jury Instructions by Olof Franzon. (Mandell, Mitchell) (Entered: 10/29/2007)
7642007-10-29 PROPOSED VERDICT FORM by Olof Franzon. (Mandell, Mitchell) (Entered: 10/29/2007)
7652007-10-29 Exhibit List by Olof Franzon.. (Mandell, Mitchell) (Entered: 10/29/2007)
7662007-10-29 MOTION in Limine by Olof Franzon. (Mandell, Mitchell) (Entered: 10/29/2007)
7672007-10-29 Cross MOTION in Limine by Jayant J. Jhaveri. (Baynes, Brendan) (Entered: 10/29/2007)
7682007-10-29 Witness List by Olof Franzon. (Mandell, Mitchell) (Entered: 10/29/2007)
7692007-10-29 PRETRIAL STIPULATION by Massena Memorial Hospital. (Ford, Donald) (Entered: 10/29/2007)
7702007-10-29 DEPOSITION TRANSCRIPT of Linda Fountain taken on May 12, 1998 by Olof Franzon. (Attachments: # 1 Transcript of Linda Fountain)(Mandell, Mitchell) (Entered: 10/29/2007)
7712007-10-29 DEPOSITION TRANSCRIPT of Gina Lynch taken on May 13, 1998 by Olof Franzon. (Attachments: # 1 Transcript of Gina Lynch)(Mandell, Mitchell) (Entered: 10/29/2007)
7722007-10-29 DEPOSITION TRANSCRIPT of Sue Beaulieu taken on April 11, 2002 by Olof Franzon. (Attachments: # 1 Transcript of Sue Beaulieu)(Mandell, Mitchell) (Entered: 10/29/2007)
7732007-10-29 DEPOSITION TRANSCRIPT of Judith Sprague taken on February 2, 2002 by Olof Franzon. (Attachments: # 1)(Mandell, Mitchell) (Entered: 10/29/2007)
7742007-10-29 DEPOSITION TRANSCRIPT of Annamari Cabrera taken on May 13, 1998 by Olof Franzon. (Attachments: # 1)(Mandell, Mitchell) (Entered: 10/29/2007)
7752007-10-29 Exhibit List by Massena Memorial Hospital.. (Ford, Donald) (Entered: 10/29/2007)
7762007-10-29 CERTIFICATE OF SERVICE by Massena Memorial Hospital re 769 Pretrial Stipulation (Ford, Donald) (Entered: 10/29/2007)
7772007-10-29 CERTIFICATE OF SERVICE by Massena Memorial Hospital re 775 Exhibit List (Ford, Donald) (Entered: 10/29/2007)
7782007-10-29 DEPOSITION TRANSCRIPT of Lorna Burley taken on May 12, 1998 by Olof Franzon. (Attachments: # 1)(Mandell, Mitchell) (Entered: 10/29/2007)
7792007-10-29 DEPOSITION TRANSCRIPT of Rose Sullivan taken on October 31, 2002 by Olof Franzon. (Attachments: # 1)(Mandell, Mitchell) (Entered: 10/29/2007)
7802007-10-29 DEPOSITION TRANSCRIPT of Amy Holcomb taken on May 12, 1998 by Olof Franzon. (Attachments: # 1)(Mandell, Mitchell) (Entered: 10/29/2007)
7812007-10-29 DEPOSITION TRANSCRIPT of Spurgeon Smith taken on October 2, 2002 by Olof Franzon. (Attachments: # 1 Transcript of Spurgeon Smith)(Mandell, Mitchell) (Entered: 10/29/2007)
7822007-10-29 DEPOSITION TRANSCRIPT of Bruce Smith taken on May 15, 2002 by Olof Franzon. (Attachments: # 1 Transcript of Bruce Smith)(Mandell, Mitchell) (Entered: 10/29/2007)
7832007-10-29 TRIAL BRIEF by Olof Franzon. (Mandell, Mitchell) (Entered: 10/29/2007)
7842007-10-29 Cross MOTION in Limine by Edward Burke. (Joslin, Peter) (Entered: 10/29/2007)
7852007-10-29 Proposed Jury Instructions by Edward Burke. (Joslin, Peter) (Entered: 10/29/2007)
7862007-10-29 AFFIDAVIT of Service for Proposed Jury Instructions served on All Counsel on October 29, 2007, filed by Edward Burke. (Joslin, Peter) (Entered: 10/29/2007)
7872007-10-29 AFFIDAVIT of Service for Cross-Motion in Limine served on All Counsel on October 29, 2007, filed by Edward Burke. (Joslin, Peter) (Entered: 10/29/2007)
7882007-10-29 DEPOSITION TRANSCRIPT by Olof Franzon. (Attachments: # 1 Transcript of Ken Maxik# 2 Transcript of Kenneth Maxik# 3 Transcript Ken Maxik)(Mandell, Mitchell) (Entered: 10/29/2007)
7892007-10-29 DEPOSITION TRANSCRIPT by Olof Franzon. (Attachments: # 1)(Mandell, Mitchell) (Entered: 10/29/2007)
7902007-10-29 DEPOSITION TRANSCRIPT by Olof Franzon. (Attachments: # 1 Transcript of Ken Maxik)(Mandell, Mitchell) (Entered: 10/29/2007)
7912007-10-29 DEPOSITION TRANSCRIPT by Olof Franzon. (Attachments: # 1 Transcript of Ken Maxik)(Mandell, Mitchell) (Entered: 10/29/2007)
7922007-10-29 CERTIFICATE OF SERVICE by Olof Franzon (Mandell, Mitchell) (Entered: 10/29/2007)
7932007-10-31 RESPONSE TO LETTER BRIEF filed by Massena Memorial Hospital as to 766 Motion in Limine filed by Olof Franzon. (Ford, Donald) (Entered: 10/31/2007)
7942007-10-31 CERTIFICATE OF SERVICE by Massena Memorial Hospital re 793 RESPONSE TO LETTER BRIEF (Ford, Donald) (Entered: 10/31/2007)
7952007-11-01 DEPOSITION TRANSCRIPT of Rose Sullivan taken on October 31, 2002 by Massena Memorial Hospital. (Attachments: # 1 Transcript Rose Sullivan)(Ford, Donald) (Entered: 11/01/2007)
7962007-11-01 DEPOSITION TRANSCRIPT of Linda Fountain taken on May 12, 1998 by Massena Memorial Hospital. (Attachments: # 1 Transcript Linda Fountain)(Ford, Donald) (Entered: 11/01/2007)
7972007-11-01 DEPOSITION TRANSCRIPT of Lorna Burley taken on May 12, 1998 by Massena Memorial Hospital. (Attachments: # 1 Transcript Lorna Burley)(Ford, Donald) (Entered: 11/01/2007)
7982007-11-01 CERTIFICATE OF SERVICE by Massena Memorial Hospital re 796 Deposition Transcript, 795 Deposition Transcript, 797 Deposition Transcript (Ford, Donald) (Entered: 11/01/2007)
7992007-11-02 RESPONSE in Opposition re 710 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding evidence as to Drs. Choi, Douglas, Duello, Dobies, Murat and Bridgman per the Orders of Judge Treece and Judge McAvoy submitted to Judge Sharpe, 704 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding hearsay testimony and tape recordings submitted to Judge Sharpe, 757 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding proposed plaintff's exhibits and such other relief as the Court deems appropriate submitted to Judge Sharpe, 711 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding evidence pertaining to insurance referrals submitted to Judge Sharpe, 760 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Supplemental Final Motion in Limine Precluding Proposed Exhibits submitted to Judge Sharpe, 713 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding any testimony pertaining to abortion submitted to Judge Sharpe, 719 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding evidence of economic loss and proposed exhibits related thereto submitted to Judge Sharpe, 708 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony as to fault as to any party who has received summary judgment submitted to Judge Sharpe, 784 Cross MOTION in Limine, 714 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding evidence contrary to the Decision of Judge McAvoy and the Public Health Council as law of the case submitted to Judge Sharpe, 720 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion In Limine precluding statements of Henry Dobies, M.D. and statements and articles by Christine Rowe-Button, M.D. submitted to Judge Sharpe, 722 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding speculation as to matters covered by attorney/client privilege submitted to Judge Sharpe, 767 Cross MOTION in Limine, 706 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony pertaining to informed consent issues submitted to Judge Sharpe, 703 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony for failure to serve expert response submitted to Judge Sharpe, 705 Letter Motion from Donald P. Ford, Jr. for James B. Watson requesting Motion in Limine precluding certain testimony pertaining to James Watson submitted to Judge Sharpe, 718 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding statements, testimony and documents as to anesthesia billing submitted to Judge Sharpe, 715 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony as to Drs. Momah, Wilson, Vira, Dobies and Daye submitted to Judge Sharpe, 712 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony re: medical treatment of witnesses (privacy issues) submitted to Judge Sharpe, 707 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding testimony as to certain medical cases of other physicians submitted to Judge Sharpe, 721 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding statements of community members at the MMH Board of Managers meetings submitted to Judge Sharpe, 709 Letter Motion from Donald P. Ford, Jr. for Massena Memorial Hospital requesting Motion in Limine precluding evidence as to the credentialing of Kaye Douglas, M.D. submitted to Judge Sharpe filed by Olof Franzon. (Attachments: # 1 Exhibit(s) Exhibit "A" to Plaintiffs' Response# 2 Exhibit(s) Exhibit "B" to Plaintiffs' Response# 3 Exhibit(s) Exhibit# 4 Exhibit(s) Exhibit "D" to Plaintiffs' Response# 5 Exhibit(s) Exhibit "E" to Plaintiffs' Response# 6 Exhibit(s) Exhibit "F" to Plaintiffs' Response# 7 Exhibit(s) Exhibit "G" to Plaintiffs' Response# 8 Exhibit(s) Exhibit "H" to Plaintiff's Response# 9 Exhibit(s) Exhibit "I" to Plaintiffs' Response# 10 Exhibit(s) Exhibit "J" to Plaintiffs' Response# 11 Exhibit(s) Exhibit "K" to Plaintiffs' Response# 12 Exhibit(s) Exhibit "L" to Plaintiffs' Response# 13 Exhibit(s) Exhibit "M" to Plaintiffs' Response# 14 Exhibit(s) Exhibit "N" to Plaintiffs' Response# 15 Exhibit(s) Exhibit "O" to Plaintiffs' Response)(Mandell, Mitchell) (Entered: 11/02/2007)
8002007-11-02 CERTIFICATE OF SERVICE by Olof Franzon (Mandell, Mitchell) (Entered: 11/02/2007)
8012007-11-06 Letter dated October 10, 2007 from Mae A. D'Agostino requesting that Ryan T. Donovan, Esq., and Adrienne J. Kerwin, Esq., be removed from the e-filing list for they are no longer with the firm. (jel, ) (Entered: 11/06/2007)
8022007-11-13 Minute Entry for proceedings held before Judge Gary L. Sharpe : In Court Settlement on the Record held on 11/13/2007; Appearances Made: Mitchell Mandell, Esq., Donald Ford, Esq., Brendan Baynes, Esq., and P. Baird Joslin, Esq.; Atty. Ford discusses terms of the case. Atty. Ford to submit proposed order to the court. (Court Reporter Theresa Casal) Time: 11:00-11:15 a.m. (jel, ) (Entered: 11/14/2007)
8032007-12-03 STIPULATION of Settlement, along with proposed Court Order of Settlement by Massena Memorial Hospital submitted to Judge Sharpe. (Ford, Donald) (Entered: 12/03/2007)
8042007-12-03 CERTIFICATE OF SERVICE by Massena Memorial Hospital re 803 Stipulation (Ford, Donald) (Entered: 12/03/2007)
8052007-12-05 RECORD of Proceedings: Settlement held on November 13, 2007 before Judge Gary L. Sharpe, Court Reporter: Theresa J. Casal. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Redact with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Notice of Intent to Redact due by 12/12/2007,Transcript due by 3/4/2008. (tjc, ) (Entered: 12/05/2007)
8062007-12-06 ORDER OF SETTLEMENT. Signed by Judge Gary L. Sharpe on 12/6/2007. (jel, ) (Entered: 12/06/2007)
8072007-12-06 JUDGMENT: That this action is closed, in accordance with the Order of Settlement, sighed by U.S. Distict Judge Gary L. Sharpe, on December 6, 2007. (jel, ) (Entered: 12/06/2007)
8082008-03-06 TRANSCRIPT of Proceedings (Unredacted): Settlement held on November 13, 2007 before Judge Gary L. Sharpe, Court Reporter: Theresa J. Casal. (tjc, ) (Entered: 03/06/2008)
8092010-01-06 ORDER to Show Cause that the parties show cause within thirty days of the date of this Order why the case or documents cannot be unsealed for purposes of being closed and prepared for storage. Signed by Judge Gary L. Sharpe on 1/6/2010. (sg ) (Entered: 01/07/2010)
8102010-02-02 RESPONSE TO ORDER TO SHOW CAUSE filed by Board of Managers of Massena Memorial Hospital, Melchiore L. Buscemi, Massena Memorial Hospital, Medical Executive Committee of Massena Memorial Hospital, James B. Watson. (Attachments: # 1 Memorandum of Law)(Ford, Donald) (Entered: 02/02/2010)
8112010-02-02 CERTIFICATE OF SERVICE by Board of Managers of Massena Memorial Hospital, Melchiore L. Buscemi, Massena Memorial Hospital, Medical Executive Committee of Massena Memorial Hospital, James B. Watson re 810 Response to Order to Show Cause, and Memorandum of Law (Ford, Donald) (Entered: 02/02/2010)
8122010-02-08 ORDER re 810 Response to Order to Show Cause: IT IS HEREBY ORDERED, that the documents previously filed under seal in this action shall remain under seal pending further order of the Court. Signed by Judge Gary L. Sharpe on 2/8/2010. (sg) (Entered: 02/08/2010)