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Civil Rights: Other | New York Eastern
Order on Motion for Leave to File
ORDER. The Court has received Defendants' requests for a pre-motion conference regarding an anticipated motion for summary judgment and Daubert motion and request to submit electronic evidence. (ECF Nos. 24 , 25 , 26 .) The requests are denied without prejudice in light of Defendants' representations that the parties have not met and conferred on either of the two motions. Purported futility is not an excuse for failure to comply with the Court's express requirement that "[a]ll parties must meet and confer with their adversaries prior to filing a motion or a request for a pre-motion conference." See Individual Rule 5.1.1. The parties shall meet and confer, in good faith, regarding the anticipated motions. They shall describe their efforts to show good faith and report on the results of the meet and confer in a jointly filed submission by October 15, 2026.Ordered by Judge Nusrat J. Choudhury on 10/1/2026. (CQTH)
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability | New York Eastern
Response to Motion
RESPONSE to Motion re 47 Letter MOTION for Summary Judgment filed by Elizabeth Kane. (Attachments: # 1 Exhibit A - Rule 56.1 Statement of Undisputed Facts, # 2 Exhibit B- Declaration of JJM, # 3 Exhibit A to Declaration - Copy of General and Plastic Surgery Devices, # 4 Exhibit B to Declaration - Copy of Surgical Staplers and Staples for Internal Use, # 5 Exhibit C to Declaration - 2011 510(k) Summary of Safety and Effectiveness filed with FDA, # 6 Exhibit D to Declaration - Dep. transcript of Stein and SBUH spreadsheet) (Massaro, Jay)
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