Salamon v. Our Lady of Victory, et al

Filing 255

ORDER AMENDING the Court's Pretrial Order dated 1/16/2013 and amended on 6/3/203 as specified; DENYING Defendants' 233 234 235 236 Motions to Strike; SCHEDULING a Final Pretrial Conference for 9/27/2013 at 9:00 a.m. before William M. Skretny, Chief Judge; DIRECTING the Clerk of Court to mail a copy of this Order and all subsequent Court decisions, orders, and notices to the Plaintiff at her address as specified. Signed by William M. Skretny, Chief Judge on 7/16/2013. - CLERK TO FOLLOW UP -(MEAL)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
BARBARA E. SALAMON, M.D.,
Plaintiff,
v.

ORDER

OUR LADY OF VICTORY HOSPITAL, et al.,

99-CV-48S

Defendants.

1.

At a status conference held on July 16, 2013, it was determined that the trial

date of October 15, 2013 will remain in effect. Plaintiff, who terminated her attorney on or
about June 5, 2013, will proceed pro se unless she is able to retain new counsel who can
proceed with trial on October 15. A final pretrial conference will be held on September 27,
at 9:00 a.m. A final status conference will be held on October 11, 2013, at 9:00 a.m., as
previously scheduled. Plaintiff or her new attorney, and all other counsel responsible for
trying the case must attend the final pretrial conference and the final status conference in
person.
2.

The Court’s Pretrial Order, dated January 16, 2013, and amended on June

3, 2013, is further amended as follows:
August 14, 2013
Joint Statement of the Case
Defendants:

August 28, 2013
Plaintiff:

Motions in Limine
Responses to Plaintiff’s Motion in Limine

Responses to Defendants’ Motions in Limine
Reply to Motion in Limine
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September 13, 2014
Defendants:
Reply to Motions in Limine
October 8, 2013
3.

All exhibits, tabbed and in binders (to Court)

At the July 16 status conference, all counsel confirmed that seven of

Plaintiff’s trial exhibits, which are the subject of defense motions to strike, have been
produced or should otherwise be available to Defendants. Accordingly, to the extent the
Motions to Strike were directed to these seven exhibits, they are denied as moot.
4.

Attorney Wyssling, who remains on the Court Docket as Plaintiff’s attorney

of record, is directed to prepare Plaintiff’s case file, promptly deliver it to Plaintiff, and be
available to her should she have questions about her file and her obligations under this
Order. Thereafter, Mr. Wyssling shall file an attorney withdrawal, pursuant to Local Rule
83.2(d), unless Plaintiff, in the meantime, retains a new attorney who files a notice of
substitution of counsel.
5.

Defendants are to serve all motions and other documents on the pro se

Plaintiff at the following address, which she provided to the Court:
Barbara Salamon, M.D.
228 Sky Sail Boulevard
New Bern, NC 28560

5.

The Clerk of Court is directed to mail a copy of this Order and all subsequent

Court decisions, orders, and notices to the Plaintiff at her address listed above.

IT HEREBY IS ORDERED that, to the extent Defendants’ Motions to Strike (Docket
Nos. 233, 234, 235, 236) were not previously denied, but held in abeyance, they are now

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now moot and are DENIED in their entirety.
SO ORDERED.

Dated:

July 16, 2013
Buffalo, New York

/s/William M. Skretny
WILLIAM M. SKRETNY
Chief Judge
United States District Court

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