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-09168-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, 22777-01 Jurisdiction: Federal Question Cause: 28:1441 Notice of Removal Plaintiff Mohamed Alaouie represented by Paul Thomas Layton Law Office of Vel Belushin, P.C. 1712 Kings Highway, 2nd Floor Brooklyn, NY 11229 (718)-787-4470 Fax: (718)-787-4471 Email: millbrook@nvbb.net LEAD ATTORNEY V. Defendant St. Barnabas Hospital represented by Andrew L. Zwerling Garfunkel Wild, P.C. 111 Great Neck Road Great Neck, NY 11021 (516)-393-2581 Fax: (516)-466-5964 Email: azwerling@gwtlaw.com LEAD ATTORNEY LPN Camille Denise Osborne represented by Camille Denise Osborne 77-12 162nd Street Fresh Meadows, NY 11366-1924 PRO SE ThirdParty Plaintiff St. Barnabas Hospital represented by Andrew L. Zwerling (See above for address) LEAD ATTORNEY
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)
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 10/17/2001 1 NOTICE OF REMOVAL from Supreme State Court, County of Bronx; State Court
Case # 22777-01; FILING FEE $ 150.00 RECEIPT # 419343. (dle) (Entered: 10/18/2001) 10/17/2001 2 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) 10/30/2001 3 RULE 1.9 CERTIFICATE filed by St. Barnabas Hosp. (db) (Entered: 10/31/2001) 10/30/2001 4 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) 10/30/2001 5 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) 01/30/2002 6 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) 02/13/2002 7 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) 02/13/2002 8 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) 02/21/2002 9 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) 02/28/2002 10 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
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) 03/06/2002 11 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) 03/07/2002 12 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 10007. ( signed by Magistrate Judge Ronald L. Ellis ) (tp) (Entered: 03/07/2002) 03/15/2002 13 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) 03/21/2002 14 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) 03/25/2002 15 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) 04/05/2002 16 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) 04/05/2002 17 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) 04/05/2002 18 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) 04/08/2002 19 Memo-Endorsement on letter addressed to Mag. Judge Ellis from Kurt Lee Weinmann,
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) 04/10/2002 20 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) 04/12/2002 21 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) 04/12/2002 22 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) 04/12/2002 23 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) 04/12/2002 24 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) 04/12/2002 25 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) 04/12/2002 26 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) 04/12/2002 27 AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Kaern Clarke by 4/23/02 for Kaern Clarke. (db) (Entered: 04/18/2002) 04/12/2002 28 AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Joy Myers by 4/23/02 for Joy Myers. (db) (Entered: 04/18/2002) 04/12/2002 29 AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Leslie Beckford by 4/23/02 for Leslie Beckford. (db) (Entered: 04/18/2002) 04/12/2002 30 AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Colette Belizaire by 4/23/02 for Colette Belizaire. (db) (Entered: 04/18/2002) 04/12/2002 31 AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Audrey Morgan by 4/23/02 for Audrey Morgan. (db) (Entered: 04/18/2002) 04/12/2002 32 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
4/23/02 for Jean Frazier. (db) (Entered: 04/18/2002) 04/12/2002 33 AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Ivor Bharat by 4/23/02 for Ivor Bharat. (db) (Entered: 04/18/2002) 04/12/2002 34 AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Shahid Nawaz by 4/23/02 for Shahid Nawaz. (db) (Entered: 04/18/2002) 04/12/2002 35 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) 04/12/2002 36 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) 04/12/2002 37 AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Franklin Mejia by 4/23/02 for Franklin Mejia. (db) (Entered: 04/18/2002) 04/12/2002 38 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) 04/12/2002 39 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) 04/12/2002 40 AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Marie Francois by 4/23/02 for Marie Francois. (db) (Entered: 04/18/2002) 04/12/2002 41 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) 04/12/2002 42 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) 04/12/2002 43 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) 04/12/2002 44 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) 04/12/2002 45 AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Celia Tindall by 4/23/02 for Celia Tindall. (db) (Entered: 04/18/2002)
04/12/2002 46 AFFIDAVIT OF SERVICE of 3dpty summons and complaint as to Aweke Luke by 4/23/02 for Aweke Luke. (db) (Entered: 04/18/2002) 04/12/2002 47 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) 04/12/2002 48 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) 04/12/2002 49 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) 04/16/2002 54 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) 04/16/2002 55 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) 04/16/2002 56 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) 04/16/2002 57 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) 04/16/2002 58 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) 04/18/2002 50 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) 04/18/2002 51 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) 04/30/2002 52 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) 04/30/2002 53 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:
05/07/2002) 05/03/2002 59 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) 05/20/2002 60 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) 05/29/2002 61 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) 05/30/2002 62 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) 06/03/2002 63 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) 06/10/2002 64 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) 06/10/2002 65 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
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) 06/17/2002 66 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) 06/17/2002 67 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) 06/27/2002 68 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) 07/11/2002 69 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) 08/27/2002 70 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)
08/30/2002 71 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) 09/05/2002 72 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) 09/13/2002 73 NOTICE of Entry by St. Barnabas Hosp., St. Barnabas Hosp. of Judgment entered in the office of the Clerk on August 30, 2002. (djc) (Entered: 09/18/2002) 04/28/2003 74 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) 01/05/2009 75 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, 12821-0051. (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 http://pacer.psc.uscourts.gov/pacerdesc.html