Dukes v. New York City Health and Hospitals Corporation et al

Filing 12

STIPULATION AND ORDER granting 11 Motion to Consolidate Cases. Ordered by Judge I. Leo Glasser on 4/17/2013. (Marziliano, August)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-··----··-------·----·--·····---·-·--···---· X

MARLON NURSE,
Plaintiff,
-againstNEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, JACQUELINE PURSER, and JEFF
EGERTON (sued herein as Jeffrey Egerton) as alders
and abettors,

STIPULATION
CONSOLIDATING CASES
13 CV 115 (WFK)(SMG)

Defendants,
- ......... - ...------.....................- -....- -....- - -.........................~-x

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
·····-•····--·-"·················-----·-------•----·--···· X

DEASIA DUKES,
· Plaintiff,
-againstNEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, JACQUELINE PURSER, and JEFF
EGERTON (sued herein as Jeffrey Egerton) as alders
and abettors,

STIPULATION
CONSOLIDATING CASES
13 CV 207 (ILG)(RML)

Defendants.

------ ------'""-"'-="·--------- - --- =--=--===--=====

WHEREAS, plaintiffMarlon Nurse filed a complaint with the Clerk of this Court

on January 8, 2013, Docket No. 13 CV 115, naming the ''New York City Health and Hospitals
Corporation, Jacqueline Purser, and Jeff Egerton '(sued herein as Jeffrey Egerton), as alders and
abettors," as defendants (the "Nurse action"); and
WHEREAS, plaintiff Marlon Nurse alleges causes of action against defendants
under Title VII, 42 U.S.C. § 1983, and New York State and City Human Rights Laws; and

WHEREAS, plaintiffDeasia Dukes filed a complaint with the Clerk of this Court
on J~nuary 12, 2013, Docket No. 13 CV 207, naming the "New York City Health and Hospitals
Corporation, Jacqueline Purser and Jeff Egerton (sued herein as Jeffrey Egerton}, as alders and
abettors," as defendants and these are the same defendants in the Nurse action; and
WHEREAS, plaintiff Deasia Dukes alleges claims against defendants under Title
VII, 42 U.S.C. § 1983, and New York State and City Human Rights Laws and these are the same
statutes as in the Nli!:R action; and
WHEREAS, the fact allegations in Civil Action Nos. 13 CV 115 and 13 CV 207
are based on the same alleged acts and omissions by defendants; and
WHEREAS, discovery in Civil Action Nos. 13 CV 115 and 13 CV 207 will
involve the same or substantially similar matters; and
WHEREAS, both Civil Action Nos. 13 CV 115 and 13 CV 207 involve common
questions of law and fact; and
WHEREAS, a substantial savings of judicial and attorney resources are likely to
result from consolidating Civil Action Nos. 13 CV 115 and 13 CV 207; and
WHEREAS, the parties agree that these actions should be consolidated for any
and all purposes from the date ofthis Stipulation; NOW, THEREFORE,
~----------ITLLI&J:StJBEtl.ll<MRJ:.E,aBc~YJST,."
l.llrPlu!LLoaA..LTED

AND AGREED;.by_.andJretween.tbe_partiCs,_as,_ _ _ __

represented below, as follows:
I.

Civil Action 13 CV 115 and 13 CV 207 currently pending in the United

States District Court for the Eastern District of New York be, and they hereby are, consolidated
for any and all purposes under Docket No. 13 CV 115.
2.

The Clerk is respectfully requested to close Civil Action No. 13 CV 207.

- 2.

I

I
3.

Pursuani to the Guidelines for the Division of Business Among District

Judges in the Eastern District of New York as it pertains to "related cases,"

as defined in those

guidelines, all proceedings in the consolidated action shall proceed under Civil Action Docket
No. 13 CV I IS under the following caption:
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
------~-------~----. ---·-·-----------------··--- X

MARLON NURSE and DEASIA DUKES,
Plaintiffs,

13 CV I IS (WFK)(SMG)

-againstNEW YORK CITY HEALTH AND HOSPITALS
. CORPORATION, JACQUELINE PURSER, and ffiFF
EGERTON (sued herein as Jeffrey Egerton) as alders
and abettors,
Defendants.

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Dated:

NewYo;te~York
April
2013

LEEDS BROWN LAW, P.C.
Attorlleys for Plaintiffs
One Old Country Road, Suite 347
Carle Place, NY I 1514

" --------(516):873•9550-

~CHAELA.CARDOZO

Corporation Counsel of the
City of New York
Attorney for Defendants
.. ---lOO-ChurchcStreet,-Room-2-184---- - · -·
New York, New York 10007-2601

[phone]

By:----'--:-:.~'--:--:::~:-:---=;-:-:-:--­
Matthew Brian Weinick

By:

0

~~~
~Sch ~ngerdt

•

Assistant Corporation Counsel

"3.

SO ORDERED:

t¢~

I Leo Glasser

"

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