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Personal Inj. Med. Malpractice | New York Eastern
Order(Other)
ORDER -- Until the United States certifies that Defendants Toaff and Gutterman are deemed Federal employees, that the acts alleged in the complaint were within the scope of their employment, and that the United States therefore is the proper defendant, Defendants Toaff and Gutterman are not immune from this lawsuit. The representations from private counsel in 37 do not excuse the properly served defendants from their obligations in this action, which, as of now, include a deadline to answer or otherwise respond to the Amended Complaint by September 30, 2026.
Counsel for Plaintiffs and Defendants Toaff and Gutterman are directed to meet and confer regarding the exchange of information as requested by Plaintiffs' counsel in 39 and a schedule for proceeding to resolve the question of whether the FTCA governs any claims against any defendant.
In the Joint Status Report that is due on September 23, 2026, the parties shall include an update on these discussions and shall propose a schedule for resolving the FTCA question.
Discovery between Plaintiffs and all other defendants shall proceed as previously ordered by the Court. So Ordered by Magistrate Judge Peggy Cross-Goldenberg on 8/14/2026. (CBG)
Letter
Letter response pursuant to Court order of August 6, 2026 by Mirel Levertov (Bengualid, Marc)
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