Kairam, M.D. v. Distler, M.D. et al

Filing 11

ORDER granting in part and denying in part 10 Letter Motion for Extension of Time to File. GRANTED in part, DENIED in part. WSGI shall respond to the amended complaint in Case No. 19 Civ. 953 and Drs. Distler and Pou shall respond to the complaint in Case No. 20 Civ. 9141 20 days after WSGI's motion to consolidate in Case No. 18 Civ. 1005 is resolved. SO ORDERED. (Signed by Judge Analisa Torres on 4/1/2021) (kv)

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surviving claims into a single action, to promote judicial economy and avoid the possibility of inconsistent judgments among the three related cases. On March 12, 2021, Your Honor issued a final determination concerning the parties’ objections to the R&R in the 2018 Action, and granted plaintiff leave to amend certain claims in that pleading once more, until March 26, 2021. On March 27, 2021, plaintiff filed her Fourth Amended Complaint in the 2018 Action (Docket No. 138), but it was rejected by the clerks’ office due to the inclusion of additional claims and causes of action that were beyond the leave granted by the Court’s prior Order. Today, March 31, 2021, the parties appeared for a telephone conference with Magistrate Judge Aaron to discuss the status of the 2018 Action, the clerk’s rejection of plaintiff’s new pleading, and how to proceed with the two related matters, specifically the 2019 Action and the 2020 Action. Magistrate Judge Aaron informed the parties that only the 2018 Action had been referred to him for general pre-trial matters and thus any application concerning the related cases, including the instant extension request, should be addressed to Your Honor. The parties then discussed the clerks’ rejection of plaintiff’s Fourth Amended Complaint, based on the inclusion of new causes of action. Plaintiff informed the Court that these additional claims were, in fact, related to the 2019 Action. The parties then addressed the possibility of consolidating all three matters into a single proceeding, in an effort to streamline motion practice, discovery, and avoid the possibility of inconsistent judgments. Magistrate Judge Aaron then set a briefing schedule for Defendants’ motion to consolidate, which is currently due on April 20, 2021. Given the significant overlap between the operative complaints in the 2018 Action, the 2019 Action, and the 2020 Action, the duplicative discovery, responsive pleadings, and motion practice that will occur in all three cases, and the fact that plaintiff has already attempted to include claims from the 2019 Action in her operative pleading for the 2018 Action, Defendants’ anticipated motion for consolidation is very strong and, we believe, offers the most efficient and effective method of litigating these related cases. In addition, the requested extension would also prevent Defendants from incurring unnecessary costs in preparing responses in the 2019 Action and 2020 Action, which would be largely duplicative of their response in the 2018 Action. As such, Defendants respectfully request that their deadline to file a response to the complaints in the 2019 Action and the 2020 Action be adjourned until after resolution of Defendants’ motion to consolidate. Should consolidation be granted, the parties could then resolve the pending issues related to plaintiff’s Fourth Amended Complaint in the 2018 Action, to which Defendants’ could respond with a single filing. GRANTED in part, DENIED in part. WSGI shall respond to the amended complaint in Case No. 19 Civ. 953 and Drs. Distler and Pou shall respond to the complaint in Case No. 20 Civ. 9141 20 days after WSGI’s motion to consolidate in Case No. 18 Civ. 1005 is resolved. SO ORDERED. Dated: April 1, 2021 New York, New York

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