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Other Statutory Actions | New York Southern
Case Remanded Out - State Court
CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Westchester. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ZE22E530210101213 on 10/1/2026. (ar)
Memorandum & Opinion
OPINION AND ORDER re: (58 in 7:25-cv-03281-JGLC) SECOND MOTION to Dismiss this Action. filed by Carolyn Bassinas, Northwell Health Inc., Michael J. Dowling, Tracy Feiertag, Phelps Memorial Hospital Association, Michael Glennon, Eileen Egan. Dinu IV (25-CV-9972) In 25-CV-9972, the Court GRANTS Plaintiff's Motion to Remand, but DENIES Plaintiff's request for attorney's fees. Accordingly, the Court REMANDS this action to the Westchester County Supreme Court. Regarding 25-CV-9972, the Clerk of Court is directed to terminate ECF Nos. 6 and 13, and to close this case. Dinu V (25-CV-3281) In 25-CV-3281, the Court DENIES IN PART and GRANTS IN PART Defendants' Motion to Dismiss, in the alternative to strike, and for sanctions. Specifically, the Court strikes all of Plaintiff's allegations in her Second Amended Complaint related to Defendants' counsel's litigation tactics in underlying state actions. Accordingly, the Court dismisses Plaintiff's claims to the extent they arise from these stricken allegations, which includes in part Plaintiff's third cause of action of retaliation under the ADA and Title VII and fourth cause of action of retaliation under NYSHRL; and in whole Plaintiff's fifth and sixth causes of actions under 42 U.S.C. §§ 1985 and 1986, respectively. Furthermore, prior to any future filings in the United States District Court for the Southern District of New York or New York state courts against Northwell Health Inc., Phelps Memorial Hospital Association, or Michael J. Dowling, or these Defendants' counsel, the Court orders Plaintiff to seek leave of that court to initiate the lawsuit. When seeking leave, Plaintiff must file: (1) an affidavit explaining how her proposed claims against the protected Defendants are distinct from those raised in earlier dismissed lawsuits and why they are non-frivolous; and (2) a copy of this order. In 25-CV-3281, the Clerk of Court is directed to terminate ECF No. 58. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 9/30/2026) (ar) Transmission to Docket Assistant Clerk for processing.
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