U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:01-cv KMW-RLE

Transcription

1 US District Court Civil Docket as of 1/05/2009 Retrieved from the court on July 13, 2011 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:01-cv KMW-RLE Alaouie v. St. Barnabas Hosp., et al Date Filed: 10/17/2001 Assigned to: Judge Kimba M. Wood Date Terminated: 08/30/2002 Referred to: Magistrate Judge Ronald L. Ellis Jury Demand: Defendant Demand: $0 Nature of Suit: 550 Prisoner: Civil Rights Case in other court: State Court-Supreme, Jurisdiction: Federal Question Cause: 28:1441 Notice of Removal Plaintiff Mohamed Alaouie represented by Paul Thomas Layton Law Office of Vel Belushin, P.C Kings Highway, 2nd Floor Brooklyn, NY (718) Fax: (718) LEAD ATTORNEY V. Defendant St. Barnabas Hospital represented by Andrew L. Zwerling Garfunkel Wild, P.C. 111 Great Neck Road Great Neck, NY (516) Fax: (516) LEAD ATTORNEY LPN Camille Denise Osborne represented by Camille Denise Osborne nd Street Fresh Meadows, NY PRO SE ThirdParty Plaintiff St. Barnabas Hospital represented by Andrew L. Zwerling (See above for address) LEAD ATTORNEY

2 V. The City of New York The New York City Department of Corrections The New York City Health and Hospitals Corporation D.O. Robert J. Sachs MD Brian Donaldson MD Firzroy Eliot MD Shahid Nawaz MD Franklin Mejia MD Lokesh Vattigunta MD Okechuku Igwe MD Aweke Luke MD Marie Francois MD Joy Myers John Doe #1 (author of 12/6/99 note)

3 John Doe #2 (author of 12/9/99) Officer John Doe #3 (author of 12/13/99 note) Officer John Doe #4 (author of 11/23/99 note) P.A. Ronald Williams P.A. Celia Tindall P.A. Kaern Clarke P.A. Leslie Beckford TERMINATED: 06/27/2002 P.A. Ivor Bharat R.N. Jean Frazier R.N. Lisa Stamp R.N. Audrey Morgan R.N. Alexandra Jimenez-Estevez R.N. Colette Belizaire R.N. Camille Osbourne Date Filed # Docket Text 10/17/ NOTICE OF REMOVAL from Supreme State Court, County of Bronx; State Court

4 Case # ; FILING FEE $ RECEIPT # (dle) (Entered: 10/18/2001) 10/17/ RULE 1.9 CERTIFICATE filed by St. Barnabas Hosp.. (dle) (Entered: 10/18/2001) 10/17/2001 Magistrate Judge Ronald L. Ellis is so designated. (dle) (Entered: 10/18/2001) 10/30/ RULE 1.9 CERTIFICATE filed by St. Barnabas Hosp. (db) (Entered: 10/31/2001) 10/30/ NOTICE OF MOTION by St. Barnabas Hosp. for an Order on behalf of St. Barnabas Hospital, pursuant to Rule 12(b) of the FRCP, dismissing plaintiff's complaint for failure to state a cause of action and failure to exhaust administrative remedies, striking the ad damnum clause. Return date 11 /29/01. (db) (Entered: 10/31/200 1) 10/30/ MEMORANDUM OF LAW by St. Barnabas Hosp. in support of [4-1] motion for an Order on behalf of St. Barnabas Hospital, pursuant to Rule 12(b) of the FRCP, dismissing plaintiff's complaint for failure to state a cause of action and failure to exhaust administrative remedies, striking the ad damnum clause. (db) (Entered: 10/31/2001) 01/30/ Memo-Endorsement on letter addressed to Judge Wood from Paul Thomas Layton, dated 1/21/02; scheduling an initial scheduling conference on 1/22/02 at 10:00 AM ; pltff will serve and file his responseive papers and brief by 2/12/02 for [4-1] motion for an Order on behalf of St. Barnabas Hospital, pursuant to Rule 12(b) of the FRCP, dismissing plaintiff's complaint for failure to state a cause of action and failure to exhaust administrative remedies, striking the ad damnum clause ; and deft will serve and file any reply by 2/21/02 for [4-1 ] motion for an Order on behalf of St. Barnabas Hospital, pursuant to Rule 12(b) of the FRCP, dismissing plaintiff's complaint for failure to state a cause of action and failure to exhaust administrative remedies, striking the ad damnum clause. ( signed by Judge Kimba M. Wood ); Copies mailed. (sn) (Entered: 02/01/2002) 02/13/ MEMORANDUM OF LAW by Mohamed Alaouie in opposition to [4-1] motion for an Order on behalf of St. Barnabas Hospital, pursuant to Rule 12(b) of the FRCP, dismissing plaintiff's complaint for failure to state a cause of action and failure to exhaust administrative remedies, striking the ad damnum clause. (kkc) (Entered: 02/14/2002) 02/13/ AFFIDAVIT of Paul Thomas Layton by Mohamed Alaouie in opposition to [4-1] motion for an Order on behalf of St. Barnabas Hospital, pursuant to Rule 12(b) of the FRCP, dismissing plaintiff's complaint for failure to state a cause of action and failure to exhaust administrative remedies, striking the ad damnum clause. (kkc) (Entered: 02/14/2002) 02/21/ REPLY AFFIRMATION by St. Barnabas Hosp. in support of [4-1] motion for an Order on behalf of St. Barnabas Hospital, pursuant to Rule 12(b) of the FRCP, dismissing plaintiff's complaint for failure to state a cause of action and failure to exhaust administrative remedies, striking the ad damnum clause (db) (Entered: 02/22/2002) 02/28/ SCHEDULING ORDER; that no additional parties may be joined after 3/29/02; no additional causes of action or defenses may be asserted after 5/20/02; all discovery shall be commenced in time to be completed by 4/29/02; no motions shall be filed or

5 heard after 5/20/02; a joint pretrial order shall be submitted by 5/27/02; the parties shall be ready for trial on or after 5/28/02; estimated jury trial time is 3 weeks; parties' obligation to submit a discovery plan pursuant to FRCP 26(f) is temporarily suspended; in lieu of the discovery plan, parties are to submit a letter to the Court by 3/22/02 outlining their disagreements regarding discovery, item by item; a copy of the letter should be sent to Magistrate Judge Ellis, to whom this is being referred. ( signed by Judge Kimba M. Wood ); Copies mailed. (kkc) (Entered: 02/28/2002) 03/06/ Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/After Initial Case Management Conference held by District Judge. Referred to Magistrate Judge Ronald L. Ellis. ( signed by Judge Kimba M. Wood ) (jp) (Entered: 03/07/2002) 03/07/ PRETRIAL CONFERENCE ORDER: That if such a consent order is not filed within the time provided, a pretrial conference will be held for 11:00 a.m. on 3/19/02, in Courtroom 20 A, 500 Pearl Street, New York, NY ( signed by Magistrate Judge Ronald L. Ellis ) (tp) (Entered: 03/07/2002) 03/15/ THIRD PARTY COMPLAINT by St. Barnabas Hosp. against The City of New York, The NYC Dept of Corr, The NYC Health, Robert J. Sachs, Brian Donaldson, Firzroy Eliot, Shahid Nawaz, Franklin Mejia, Lokesh Vattigunta, Okechuku Igwe, Aweke Luke, Marie Francois, Joy Myers, John Doe #1, John Doe #2, John Doe #3, John Doe #4, Ronald Williams, Celia Tindall, Kaern Clarke, Leslie Beckford, Ivor Bharat, Jean Frazier, Lisa Stamp, Audrey Morgan, Alexandra Jimenez-Estevez, Colette Belizaire, Camille Osbourne; Third-party summons issued. (cd) (Entered: 03/19/2002) 03/21/ ORDER, a pretrial conference will be held on 5/2/02 at 11:00 a.m. in Courtroom 20A, 500 Pearl St. ( signed by Magistrate Judge Ronald L. Ellis ); Copies mailed (sac) (Entered: 03/21/2002) 03/25/ Memo-Endorsement on letter addressed to Judge Wood from Christina E. Fernandez, dated 3/15/02; Re: the parties jointly requests that the Court permit the parties an additional thirty days from 3/22/02 to submit our joint document to the Court; plaintiff's counsel is directed to fax a letter to the Court explaining the circumstances responsible for the delay, no later than 3/27/02. Defense counsel is directed to respond to that discovery request, to the extent possible, by 4/5/02. The joint report is due 4/22/02. These letters should be sent to Maj. Judge Ellis, who is handling pretrial matters as of 2/27/02. ( signed by Judge Kimba M. Wood ); Copies mailed. (pl) (Entered: 03/25/2002) 04/05/ AFFIDAVIT OF SERVICE of Third Party Summons and Third Party Complaint as to The City of New York by Shaniqua Carr, Legal Clerk on 4/2/02. Answer due on 4/22/02 for The City of New York. (yv) (Entered: 04/08/2002) 04/05/ AFFIDAVIT OF SERVICE of Third Pary Summons and Third P as to The NYC Health by Lynette Butler, Legal Clerk on 4/3/02. Answer due on 4/23/02 for The NYC Health. (yv) (Entered: 04/08/2002) 04/05/ AFFIDAVIT OF SERVICE of Third Party Summons and Third Party Complaint as to Brian Donaldson by Brian Donaldson, Jr. on 4/3/02. Answer due on 4/23/02 for Brian Donaldson. (yv) (Entered: 04/08/2002) 04/08/ Memo-Endorsement on letter addressed to Mag. Judge Ellis from Kurt Lee Weinmann,

6 dated 04/04/02; defendant's request for a one week extension of time to respond to plaintiff's discovery request is granted to April 12, 2002; ; ( signed by Magistrate Judge Ronald L. Ellis ); Copies mailed. (djc) (Entered: 04/08/2002) 04/10/ AFFIDAVIT OF SERVICE of third party, summons, third party complaint and exhibits as to Marie Francois by personal service on 4/8/02. Answer due on 4/29/02 for Francois. (kw) (Entered: 04/15/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Lisa Stamp by "John" Stamp, husband on 4/4/02 and via first class mail on 4/8/02. Answer due on 4/24/02 for Lisa Stamp. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Ivor Bharat by Shirley Bharat, wife on 4/4/02 and via first class mail on 4/8/02. Answer due on 4/24/02 for Ivor Bharat. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Colette Belizaire by personal service on 4/4/02. Answer due on 4/24/02 for Colette Belizaire. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Celia Tindall by Mr. Michael, son in-law on 4/8/02 and via first class mail on 4/9/02. Answer due on 4/29/02 for Celia Tindall. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Joy Myers by "John" Myers, husband on 4/5/02 and via first class mail on 4/10/02. Answer due on 4/25/02 for Joy Myers. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Firzroy Eliot by Demani Eliot, son on 4/5/02 and via first class mail on 4/10/02. Answer due on 4/25/02 for Firzroy Eliot. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Kaern Clarke by 4/23/02 for Kaern Clarke. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Joy Myers by 4/23/02 for Joy Myers. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Leslie Beckford by 4/23/02 for Leslie Beckford. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Colette Belizaire by 4/23/02 for Colette Belizaire. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Audrey Morgan by 4/23/02 for Audrey Morgan. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Jean Frazier by Lynnette Butler, co-worker on 4/3/02 and via first class mail on 4/8/02. Answer due on

7 4/23/02 for Jean Frazier. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Ivor Bharat by 4/23/02 for Ivor Bharat. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Shahid Nawaz by 4/23/02 for Shahid Nawaz. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Brian Donaldson by Lynnette Butler, co-worker on 4/3/02 and via first class mail on 4/8/02. Answer due on 4/23/02 for Brian Donaldson. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Firzroy Eliot by Lynnette Butler, co-worker on 4/8/02 an dvia first class mail on 4/8/02. Answer due on 4/29/02 for Firzroy Eliot. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Franklin Mejia by 4/23/02 for Franklin Mejia. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Lokesh Vattigunta by Lynnette Butler, co-worker on 4/3/02 and via first class mail on 4/8/02. Answer due on 4/23/02 for Lokesh Vattigunta. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Okechuku Igwe by Lynnette Butler, co-worker on 4/3/02 and via first class mail on 4/8/02. Answer due on 4/23/02 for Okechuku Igwe. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Marie Francois by 4/23/02 for Marie Francois. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Ronald Williams by Lynnette Butler, co-worker on 4/3/02 and via first class mail on4/8/02. Answer due on 4/23/02 for Ronald Williams. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Camille Osbourne by Lynnette Butler, co-worker on 4/3/02 and via first class mail on 4/8/02. Answer due on 4/23/02 for Camille Osbourne. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Alexandra Jimenez-Estevez by Lynnette Butler, co-worker on 4/3/02 and via first class mail on 4/8/02. Answer due on 4/23/02 for Alexandra Jimenez-Estevez. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Robert J. Sachs by 4/23/02 for Robert J. Sachs. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Celia Tindall by 4/23/02 for Celia Tindall. (db) (Entered: 04/18/2002)

8 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Aweke Luke by 4/23/02 for Aweke Luke. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Jean Frazier by Ernest Frazier, husband on 4/9/02 and via first class mail on 4/10/02. Answer due on 4/29/02 for Jean Frazier. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Camille Osbourne by personal service on 4/5/02. Answer due on 4/25/02 for Camille Osbourne. (db) (Entered: 04/18/2002) 04/12/ AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Okechuku Igwe by personal service on 4/5/02. Answer due on 4/25/02 for Okechuku Igwe. (db) (Entered: 04/18/2002) 04/16/ AFFIDAVIT OF SERVICE of summons and complaint as to Karen Clarke by affixing to door on 4/9/02 and by mail on 4/12/02. Attempted service on 4/2/02 and 4/4/02 and 4/9/02. Answer due on 4/29/02 for Karen Clarke. (kw) (Entered: 05/03/2002) 04/16/ AFFIDAVIT OF SERVICE of third party summons and third party complaint as to Audrey Morgan by affixing to door on 4/9/02 and by mail on 4/12/02. Attempted service on 4/2/02, 4/4/02 and 4/9/02. Answer due on 4/29/02 for Audrey Morgan. (kw) (Entered: 05/03/2002) 04/16/ AFFIDAVIT OF SERVICE of third party summons, and third party complaint as to Leslie Beckford by Clara Beckford on 4/10/02 and by mail on 4/11/02. Answer due on 5/1/02 for Leslie Beckford. (kw) Modified on 05/03/2002 (Entered: 05/03/2002) 04/16/ AFFIDAVIT OF SERVICE of third party summons and third party complaint as to Lisa Stamp by Lynnette Butler on 4/3/02 and by mail on 4/8/02. Answer due on 4/23/02 for Lisa Stamp. (kw) (Entered: 05/03/2002) 04/16/ AFFIDAVIT OF SERVICE of third party summons and third party complaint as to Shahid Nawaz by affixing to door on 4/10/02 and by mail on 4/11/02. Attempted service on 4/5/02, 4/9/02 and 4/10/02. Answer due on 4/30/02 for Shahid Nawaz. (kw) (Entered: 05/03/2002) 04/18/ AFFIDAVIT OF SERVICE of summons and complaint as to Lokesh Vattigunta by personal service on 4/8/02. Answer due on 4/29/02 for Lokesh Vattigunta. (bai) (Entered: 04/23/2002) 04/18/ AFFIDAVIT OF SERVICE of summons and complaint as to The NYC Dept of Corr by Shaniqua Carr, in the Office of the Secretary of State for the State of New York on 4/15/02 Answer due on 5/6/02 for The NYC Dept of Corr. (bai) (Entered: 04/23/2002) 04/30/ AFFIDAVIT OF SERVICE of third-party summons and verified third-party complaint as to Alexandra Jimenez-Estevez by mail on 4/26/02. Answer due on 5/16/02 for Alexandra Jimenez-Estevez. (bai) (Entered: 05/02/2002) 04/30/ AFFIDAVIT OF SERVICE of third-party summons and verified third-party complaint i as to Robert J. Sachs by "John Smith" on 4/12/02.. (bai) (Entered: 05/02/2002) 05/02/2002 Discovery Hearing held before Magistrate Judge Ronald L. Ellis. (bai) (Entered:

9 05/07/2002) 05/03/ ORDER; that the parties appear for a conference before the Court on 5/21/02, at 10:30 a.m.. ( signed by Magistrate Judge Ronald L. Ellis ); Copies mailed. (pl) (Entered: 05/07/2002) 05/07/2002 PRETRIAL CONFERENCE set at 10:30a.m. on 5/21/02 before Magistrate Judge Ronald L. Ellis. (bai) (Entered: 05/07/2002) 05/20/ NOTICE of appearance by Camille Denise Osborne (bai) (Entered: 05/23/2002) 05/21/2002 Discovery Hearing held before Magistrate Judge Ronald L. Ellis. (ac) (Entered: 06/05/2002) 05/29/ Memo-Endorsement on letter addressed to Mr. Parkison from Kathleen Wynne, dated 05/21/02; granting third party defendants' request, to withdraw that portion of the motion which seeks to strike or dismiss the third-party complaint ; ( signed by Judge Kimba M. Wood ); Copies mailed. (djc) (Entered: 06/03/2002) 05/30/ AFFIDAVIT of Christine E. Fernandez by St. Barnabas Hosp. in further support of codefendant New York City, et al's motion to remand to the Supreme Court, Bronx County. (yv) (Entered: 06/06/2002) 06/03/ AFFIDAVIT of Paul Thomas Layton by St. Barnabas Hosp. in support of [4-1] motion for an Order on behalf of St. Barnabas Hospital, pursuant to Rule 12(b) of the FRCP, dismissing plaintiff's complaint for failure to state a cause of action and failure to exhaust administrative remedies, striking the ad damnum clause. (sac) (Entered: 06/10/2002) 06/10/ NOTICE OF MOTION by The City of New York, The NYC Dept of Corr, The NYC Health, Robert J. Sachs, Brian Donaldson, Firzroy Eliot, Shahid Nawaz, Franklin Mejia, Lokesh Vattigunta, Okechuku Igwe, Aweke Luke, Marie Francois, Joy Myers, John Doe #1, John Doe #2, John Doe #3, John Doe #4, Ronald Williams, Celia Tindall, Kaern Clarke, Leslie Beckford, Ivor Bharat, Jean Frazier, Lisa Stamp, Audrey Morgan, Alexandra Jimenez-Estevez, Colette Belizaire, Camille Osbourne; for an Order pursuant to F.R.C.P. 12 and 14 striking the third-party complaint ; dismissing third-paty plaintiff's complaint for lack of jurisdiction over the subject matter ; dismissing thirdparty plaintiff's complaint for failure to state a claim upon which relief can be granted ; or in the alternative Remanding the entire action to the Supreme Court of the State of New York, Bronx County ; or in the alternative Declining the Court's supplemental jurisdiction over the third-party claims and dismissing the third-party complaint ; or in the alternative Remanding the state law claims, including the third-party action to the Supreme Court of the State of New York, Bronx County. Return Date 5/29/02 at 9:30 a.m. (jco) (Entered: 06/14/2002) 06/10/ MEMORANDUM OF LAW by The City of New York, The NYC Dept of Corr, The NYC Health, Robert J. Sachs, Brian Donaldson, Firzroy Eliot, Shahid Nawaz, Franklin Mejia, Lokesh Vattigunta, Okechuku Igwe, Aweke Luke, Marie Francois, Joy Myers, John Doe #1, John Doe #2, John Doe #3, John Doe #4, Ronald Williams, Celia Tindall, Kaern Clarke, Leslie Beckford, Ivor Bharat, Jean Frazier, Lisa Stamp, Audrey Morgan, Alexandra Jimenez-Estevez, Colette Belizaire, Camille Osbourne in support of [64-1] motion for an Order pursuant to F.R.C.P. 12 and 14 striking the third-party complaint, [64-2] motion dismissing third-paty plaintiff's complaint for lack of jurisdiction over

10 the subject matter, [64-3] motion dismissing third-party plaintiff's complaint for failure to state a claim upon which relief can be granted, [64-4] motion Remanding the entire action to the Supreme Court of the State of New York, Bronx County, [64-5] motion Declining the Court's supplemental jurisdiction over the third-party claims and dismissing the third-party complaint, [64-6] motion Remanding the state law claims, including the third-party action to the Supreme Court of the State of New York, Bronx County. (jco) (Entered: 06/14/2002) 06/17/ RETURN OF SERVICE of Third Party Summons & Complain executed as to Franklin Mejia by Kevin Bishop on 6/13/02. Answer due on 7/3/02 for Franklin Mejia. Served by leaving with 3rd Party Dft persoonally at 180 Cabrini Bldvd. #62, New York, NY (pf) (Entered: 06/24/2002) 06/17/ Memo-Endorsement on letter addressed to James M. Parkinson from Kathleen Wynne, dated 5/28/02; granting the Third-Party Defendants requests that Third-Party Defendant, Ivor Bharat joins [64-1] motion for an Order pursuant to F.R.C.P. 12 and 14 striking the third-party complaint, [64-2] motion dismissing third-paty plaintiff's complaint for lack of jurisdiction over the subject matter, [64-3] motion dismissing third-party plaintiff's complaint for failure to state a claim upon which relief can be granted, [64-4] motion Remanding the entire action to the Supreme Court of the State of New York, Bronx County, [64-5] motion Declining the Court's supplemental jurisdiction over the third-party claims and dismissing the third-party complaint, [64-6] motion Remanding the state law claims, including the third-party action to the Supreme Court of the State of New York, Bronx County. ( signed by Judge Kimba M. Wood ); Copies mailed. (pl) (Entered: 06/25/2002) 06/27/ Notice of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P. by Third Party Plaintiff, St. Barnabas Hospital, of the Third Party Summons and Complaint as against third party defendant, Leslie Beckford, P.A. ( signed by Judge Kimba M. Wood ) (tp) (Entered: 06/29/2002) 07/11/ AFFIDAVIT OF SERVICE of Third Party Summons and Third Party Complaint as to Ronald Williams by affixing to door on 6/28/02. (moc) Modified on 07/16/2002 (Entered: 07/16/2002) 08/27/ ORDER; granting [64-1] motion for an Order pursuant to F.R.C.P. 12 and 14 striking the third-party complaint granting [64-2] motion dismissing third-paty plaintiff's complaint for lack of jurisdiction over the subject matter, granting [64-3] motion dismissing third-party plaintiff's complaint for failure to state a claim upon which relief can be granted, granting [64-4] motion Remanding the entire action to the Supreme Court of the State of New York, Bronx County, granting [64-5] motion Declining the Court's supplemental jurisdiction over the third-party claims and dismissing the thirdparty complaint, granting [64-6] motion Remanding the state law claims, including the third-party action to the Supreme Court of the State of New York, Bronx County, granting [4-1] motion for an Order on behalf of St. Barnabas Hospital, pursuant to Rule 12(b) of the FRCP, dismissing plaintiff's complaint for failure to state a cause of action and failure to exhaust administrative remedies, striking the ad damnum clause; Further, pursuant to 28 U.S.C. 1367(c)(3), the Court remands plaintiff's malpractice claims and the third-party claims for indemnification and contribution. The Clerk of Court is directed to remand this case to the Supreme Court of Bronx County, and close this case. Any pending motions are moot. ( signed by Judge Kimba M. Wood ); Copies mailed. Original sent to judgment clerk. (jco) Modified on 09/04/2002 (Entered: 08/29/2002)

11 08/30/ JUDGMENT. for the reasons stated in the Court's Order dated August 22, 2002, defendants' motion to dismiss plaintiff's Section 1983 claims purs to Rule 12(b)(6) is granted; Plaintiff's malpractice claims and the third-party claims for indemnification and contribution purs to 28 U.S.C. Section 1367(c)(3) is remanded; and the case is remanded to the Supreme Court of Bronx County; accordingly, the case is closed and any pending motions are moot; (signed by James M. Parkison, Clerk of the Court); Mailed copies and notice of right to appeal. Entered On Docket: 09/04/02. Certified copy of docmt forwarded to Supreme Court of Bronx County. (djc) Modified on 09/06/2002 (Entered: 09/04/2002) 08/30/2002 Case closed. (djc) (Entered: 09/04/2002) 09/05/ NOTICE of Entry of Order duly entered in the office of the Clerk on 08/22/02 by St. Barnabas Hosp. (djc) (Entered: 09/10/2002) 09/13/ NOTICE of Entry by St. Barnabas Hosp., St. Barnabas Hosp. of Judgment entered in the office of the Clerk on August 30, (djc) (Entered: 09/18/2002) 04/28/ STIPULATION OF DISCONTINUANCE; that all the within cross claims, counterclaims, and all 3rd party actions brought on behalf of St. Barnabas as against its co-defts and all third-parties, are hereby discontinued with prejudice. ( signed by Judge Kimba M. Wood ); Copies mailed by Chamber (sac) (Entered: 04/29/2003) 01/05/ PRO SE MEMORANDUM dated 10/17/08 re: CHANGE OF ADDRESS for Mohamed Alaouie. New Address: 01-A-0504, Great Meadow Correctional Facility, Box 51, Comstock, NY, (mro) Modified on 1/7/2009 (mro). (Entered: 01/05/2009) Note: Links in this docket are stored in the PACER system ( Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at