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15-1238 - Heendeniya v. St. Joseph's Hospital Health Center et al


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15-1238 - Heendeniya v. St. Joseph's Hospital Health Center et al
November 30, 2015
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ORDER AND REPORT-RECOMMENDATION: Ordered that Pltf's 2 & 4 IFP application be granted solely for the purposes of this initial review. Recommended that Pltf's 1 complaint be dismissed. ( Objections to R&R due by 12/17/2015, Case Review Deadline 12/21/2015). Signed by Magistrate Judge Therese Wiley Dancks on 11/30/15. [Served by mail.](sfp, )
February 25, 2016
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DECISION AND ORDER denying #13 Plaintiff's Motion for reconsideration of the Report-Recommendation; granting #15 Plaintiff's Motion to Amend his Objections to the Report-Recommendation; accepting and adopting #6 Magistrate Judge Dancks' Report-Recommendaion in its entirety; denying without prejudice #16 Plaintiff's Motion for to enlarge the time for service of process; granting #18 Plaintiff's motion to withdraw his first motion to amend his Complaint and Plaintiff's #17 Motion to Amend his complaint is deemed withdrawn; and denying without prejudice #19 Plaintiff's second Motion to Amend his complaint. All of the claims asserted in Plaintiff's complaint are dismissed with prejudice EXCEPT the following four claims which shall be dismissed with prejudice unless Plaintiff files an Amended Complaint within Thirty (30) days of the date of this Decision and Order correcting the pleading defects identified in Magistrate Judge Dancks' Report-Recommendation: (1) Plaintiff's state law claims against St. Josephs Defendants St. Josephs Hospital Health Center, Briscoe, OConnor, French, Levine, Tremiti, Roman, Spunelka, Constantine, Feldman, Rybak, Cate, Ruscitto, Seifter, Price, Welch, Gilbert, and John Does 1-5; (2)Plaintiff's Bivens claims against Defendants Lombardo and Wysopal in their individual capacities; (3) Plaintiff's state law claims against the United States; and (4)Plaintiff's state law claims against Defendants Lombardo and Wysopal. Plaintiff's Amended Complaint shall be a complete pleading that supersedes his original Complaint. Signed by Chief Judge Glenn T. Suddaby on 2/25/16. (lmw) (Copy served upon pro se plaintiff via regular mail)
January 19, 2017
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DECISION AND ORDER denying 111 Motion for Recusal. It is hereby ORDERED that Plaintiff's motion for recusal pursuant to 28 U.S.C. 455(a) is DENIED. It is further ORDERED that the Clerk provide Plaintiff with a copy of this Decision and Order, along with copies of the unpublished decisions cited herein in accordance with the Second Circuit decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009)(per curiam). Signed by Magistrate Judge Therese Wiley Dancks on 01/19/2017. (Copy served via regular mail) (dpk)
March 14, 2017
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DECISION AND ORDER granting in part and denying in part #46 and #62 St. Joseph's Defendants motion to dismiss Plaintiff's Second Amended Complaint for failure to state a claim upon which relief can be granted; granting in part and denying in part #59 Defendant Levine's motion for judgment on the pleadings with respect to Plaintiff's Second Amended Complaint. The Clerk of the Court is directed to amend the docket to reflect the correct spelling of Defendant Spinella's name (rather than "Spunelka"); and granting in part and denying in part #87 Defendant Spinella's motion to dismiss Plaintiff's Second Amended Complaint for failure to state a claim upon which relief can be granted. SURVIVING moving Defendants' respective motions is Plaintiff's medical malpractice claim (Count I), asserted against the St. Joseph's Defendants and the Physician Defendants (i.e., Defendants French, Briscoe, Cate, Spinella, Rybak, Ruscitto, Seifter, Price, Welch, Gilbert, Levine, O'Connor, Tremiti, Roman, Constantine, Feldman, and John Does 1-5). All other claims asserted in Plaintiff's Second Amended Complaint (i.e., Counts II-XII) are DISMISSED with prejudice; and Defendants OMH, Sullivan, Pepper, NICS Appeals Office - OMH Central Files, DCJS, Green, Schneiderman, and Corporations A-F are terminated from this action. It is further ordered that the St. Joseph's Defendants file an answer to Plaintiff's Second Amended Complaint within FOURTEEN (14) DAYS of the date of this Decision and Order pursuant to Fed. R. Civ. P. 12(a)(4)(A). This case is referred back to Magistrate Judge Dancks for a Rule 16 conference and the scheduling of pretrial deadlines. Signed by Chief Judge Glenn T. Suddaby on 3/14/17. (lmw)