Gordon v. Mundy et al

Filing 75

JUDGMENT: in favor of Adirondack Health Institute Inc., Adirondack Medical Center, Blue Cross Blue Shield of North Eastern NY, Champlain Valley Physicians Hospital, Inc., Chester-Horican Health Center, City of Plattsburgh, Clark, Community Providers, Inc., Elizabethtown Community Hospital, Excellus Blue Cross Blue Shield, Kiroy, Lifetime Healthcare Companies, Moriah Health Center, Mountain View Pediatrics, New York State Department of Health, Plattsburgh Medical Care, Sagamore Institute of the A dirondacks, Inc., Valcour Imaging, LLC, Andrew M. Cuomo, Beverly Bridger, Brian Major(s), Cathy Homkey, Christopher C. Booth, Craig Richards, Dana Jeweler, Deborah Stewart, Debra Clark, Desmond Racicot, Diana House, Donald Kasprzak, George Purdue, Gl enn Schroyer, Heidi Moore, James Forcier, John Masella, John Rugge, Joseph Samaras, Josh Schwartzberg, Justin Meyers, Kirstin Ambler, Marina Medved, Mary Clarisse Kilayko, Maurice A. Racine, Nirav R. Shah, Paul Sands, Ralph M. Chandler, Rob DeMuro, Rodney Boula, Stephens Mundy, Susanna Piller, Thomas Plimpton and Waguih Kirollos against Terry Gordon. (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JUDGMENT IN A CIVIL CASE
TERRY GORDON,
Plaintiff,
vs.

CASE NUMBER: 8:13-CV-441 (DNH/CFH)

STEPHENS MUNDY, individually and as
Chief Executive Officer, Community
Providers, Inc., and as Chief Executive
Officer, Champlain Valley Physicians
Hospital, Inc.; DEBORAH STEWART,
individually and as Patient Advocate,
Champlain Valley Physicians Hospital Inc.;
PAUL SANDS, individually and as Chairman
of the Board, Community Providers Inc.;
JOHN RUGGE, individually and as Chief
Executive Officer, Hudson Headwater
Health Network; DESMOND RACICOT,
individually and as Plattsburgh City Police
Chief; MORIAH HEALTH CENTER;
CHAMPLAIN VALLEY PHYSICIANS
HOSPITAL, INC., Keeper of the Records;
DANA JEWELER, individually and as
Executive Assistant, Champlain
Valley Physicians Hospital, Inc.;
COMMUNITY PROVIDERS, INC.;
ADIRONDACK HEALTH INSTITUTE, INC.;
CHESTER-HORICAN HEALTH CENTER;
GEORGE PURDUE, individually;
CLARK, Plattsburgh City Police Officer;
KIROY, Plattsburgh City Police Officer;
BRIAN MAJOR(S), Plattsburgh City Police
Officer; THOMAS PLIMPTON, individually
and as Thomas Plimpton, Esq.;
JUSTIN MEYERS, individually and
as Justin Meyers, Esq.; SUSANNA PILLER,
Managing Partner; NEW YORK STATE
DEPARTMENT OF HEALTH; CITY OF
PLATTSBURGH; MAYOR DONALD
KASPRZAK; NIRAV R. SHAH, MPH
Commissioner; ANDREW R. CUOMO,
Governor of New York State;
MOUNTAIN VIEW PEDIATRICS; DR. MARINA
MEDVED; DR. JOSH SCHWARTZBERG;
DR. HEIDI MOORE, as Chairwoman;
BEVERLY BRIDGER, individually; MARY
CLARISSE KILAYKO, individually;
ADIRONDACK MEDICAL CENTER;

DR. WAGUIH KIROLLOS; DR. RALPH M.
CHANDLER, individually and as President and
CEO, Adirondack Medical Center;
DR. ROB DEMURO, individually; DR. DEBRA
CLARK, individually; DR. KIRSTIN AMBLER;
DR. CRAIG RICHARDS; DR. MAURICE A.
RACINE, individually and as Employee, Hudson
Headwater; CATHY HOMKEY, Chief Executive
Officer, Adirondack Health Institute, Inc.;
SAGAMORE INSTITUTE OF THE
ADIRONDACKS, INC.; ELIZABETHTOWN
COMMUNITY HOSPITAL; RODNEY BOULA,
individually and as Chief Executive Officer,
Elizabethtown Community Hospital;
GLENN SCHROYER, individually and MD;
PLATTSBURGH MEDICAL CARE; VALCOUR
IMAGING, LLC; CHRISTOPHER C. BOOTH,
individually; JOSEPH SAMARAS, MD; DIANA
HOUSE, individually; LIFETIME HEALTHCARE
COMPANIES; EXCELLUS BLUE CROSS
BLUE SHIELD; BLUE CROSS BLUE SHIELD
OF NORTH EASTERN NY; JOHN MASELLA,
individually and as Chairman of the Board,
Champlain Valley Physicians Hospital Inc.; and
JAMES FORCIER, individually,
Defendants.

Decision by Court. This action came to a hearing before the Court. The issues have been
heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED
That all of defendants’ motions to dismiss are GRANTED. All claims pursuant to 42 U.S.C. §
1983 are DISMISSED. Any remaining state law claims are DISMISSED without prejudice. The
complaint is DISMISSED in its entirety.
All of the above pursuant to the order of the Honorable Judge David N. Hurd, dated the 10th day
of January, 2014.

DATED: January 13, 2014

By: s/ Nicole Killius
Deputy Clerk
-2-