Kairam, M.D. v. West Side GI, LLC

Filing 158

ORDER: NOW, THEREFORE, it is hereby ORDERED that, no later than July 6, 2021, the parties shall either: File a Stipulation in Case No. 18-cv-01005 containing the following terms (mirroring the prior Stipulation): Case Nos. 18-cv-01005, 19-cv- 00953 and 20-cv-09141 are consolidated for thepurposes of pleading, discovery and other pre-trial matters, and trial (hereafter the "Consolidated Action"; Plaintiff shall file a consolidated complaint in Case No. 18-cv-01005 within seven (7) days of the Court's approval of this Stipulation; Nothing herein waives any party's rights, claims, remedies, defenses, objections, or legal arguments; Once the Court approves this Stipulation, the Clerk of Court shall file this Stip ulation on the ECF docket of Case Nos. 18-cv-01005, 19-cv-00953 and 20-cv-09141 and then administratively close Case Nos. 19-cv-00953 and 20-cv-09141; andAll papers in the Consolidated Action shall be filed under Case No. 18-cv-01005; OR Each party i n each of the three above-captioned actions shall file a letter explaining with specificity any disagreements with the Stipulation set forth in paragraph 1 above and the legal basis for any such disagreements. (Signed by Magistrate Judge Stewart D. Aaron on 6/29/2021) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

6/29/2021

Indira Kairam, M.D.,
Plaintiff,

1:18-cv-01005 (AT) (SDA)

-againstWest Side GI, LLC,
Defendant.
Indira Kairam, M.D.,
Plaintiff,

1:19-cv-00953 (AT) (SDA)

-againstWest Side GI, LLC,
Defendant.
Indira Kairam, M.D.,
Plaintiff,
-against-

1:20-cv-09141 (AT) (SDA)
ORDER

Peter Distler, M.D. et al.,
Defendants.

STEWART D. AARON, United States Magistrate Judge:
WHEREAS, the parties entered into a Stipulation that was “so ordered” by the Court on
April 19, 2021 providing for consolidation of Case No. 18-cv-01005 with Case No. 19-cv-00953
(18-cv-01005 ECF No. 147; 19-cv-00953 ECF No. 65); and

WHEREAS, on May 24, 2021, counsel for Defendants in each of the above-captioned cases
filed a motion to consolidate Case No. 20-cv-09141 with Case Nos. 18-cv-01005 and 19-cv-00953
(18-cv-01005 ECF No. 152; 19-cv-00953 ECF No. 69); and
WHEREAS, on June 7, 2021, Plaintiff file a memorandum in opposition to the motion to
consolidate, in which she states her belief that “it is appropriate to consolidate the case with the
individual defendants [i.e., Case No. 20-cv-09141] in the same manner as the parties already
stipulated to: for pleading, discovery and other pre-trial matters and trial, provided that nothing
in the consolidation deprives Plaintiff of any of her rights under Hall” (18-cv-01005 ECF No. 154,
at 11; 19-cv-00953 ECF No. 71, at 11; 20-cv-09141 ECF No. 16, at 11).
NOW, THEREFORE, it is hereby ORDERED that, no later than July 6, 2021, the parties shall
either:
1.

File a Stipulation in Case No. 18-cv-01005 containing the following terms

(mirroring the prior Stipulation):
a. Case Nos. 18-cv-01005, 19-cv-00953 and 20-cv-09141 are consolidated for the
purposes of pleading, discovery and other pre-trial matters, and trial
(hereafter the “Consolidated Action”);
b. Plaintiff shall file a consolidated complaint in Case No. 18-cv-01005 within
seven (7) days of the Court’s approval of this Stipulation;
c. Nothing herein waives any party’s rights, claims, remedies, defenses,
objections, or legal arguments;
d. Once the Court approves this Stipulation, the Clerk of Court shall file this
Stipulation on the ECF docket of Case Nos. 18-cv-01005, 19-cv-00953 and 20-

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cv-09141 and then administratively close Case Nos. 19-cv-00953 and 20-cv09141; and
e. All papers in the Consolidated Action shall be filed under Case No. 18-cv01005; OR
2.

Each party in each of the three above-captioned actions shall file a letter

explaining with specificity any disagreements with the Stipulation set forth in paragraph 1 above
and the legal basis for any such disagreements.
SO ORDERED.
DATED:

New York, New York
June 29, 2021
______________________________
STEWART D. AARON
United States Magistrate Judge

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