Opinion
1:18-cv-01005 (AT) (SDA) 1:19-cv-00953 (AT) (SDA) 1:20-cv-09141 (AT) (SDA)
06-29-2021
Indira Kairam, M.D., Plaintiff, v. West Side GI, LLC, Defendant. Indira Kairam, M.D., Plaintiff, v. West Side GI, LLC, Defendant. Indira Kairam, M.D., Plaintiff, v. Peter Distler, M.D. et al., Defendants.
ORDER
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 No. 18-cv-01005 with 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 No. 20-cv-09141 with 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., 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 No. 18-cv-01005 containing the following terms (mirroring the prior Stipulation):
a. 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 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 Nos. 18-cv-01005, 19-cv-00953 and 20-
cv-09141 and then administratively close Nos. 19-cv-00953 and 20-cv-09141; and
e. All papers in the Consolidated Action shall be filed under No. 18-cv-01005; 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.