Order | Filed: September 30, 2026
Coney v. The Trustees of Columbia University in the City of New York et al
Civil Rights: Other | New York Southern
Order
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 123 Motion for Default Judgment filed by Sescily Renee Coney, 114 Motion to Dismiss, filed by Jessica Nunez, Ellen Fahey, Arthur Martin, Candice Smith, Heidi Hahn-Schroeder, Madeline Green , The Trustees of Columbia University In The City of New York, Mary Hickey, Colleen Lewis, David Seltzer, Claudia Marin Andrade, Lorraine Frazier, Audrey Brown, Deirdre Ingram, Angela Olinta, Claire Shipman, Columbia University School of Nursing, Judy Wolfe, Amanda Kostreva, Jeanne Churchill, 121 Motion for Default Judgment filed by Sescily Renee Coney, 130 Motion to Vacate, Motion to Dismiss/Lack of Jurisdiction,, filed by Emily Fisher, 112 Motion to Dismiss filed by Shulamit Just-Michael, New York-Presbyterian Hospital, 146 Motion to Expedite filed by Sescily Renee Coney, 157 Report and Recommendations. For the reasons articulated, the NYPH Defendants' motion to dismiss is GRANTED, with som e federal and state claims dismissed without prejudice and with leave to amend; the Columbia Defendants' partial motion to dismiss is GRANTED, with some federal and state claims dismissed without prejudice and with leave to leave. Magistrate Judge Moses' Report & Recommendation is ADOPTED in full, and Plaintiff's objections are OVERRULED. Therefore, Plaintiff's motion for a default judgment against Fisher is DENIED and Fisher's cross-motion to vacate entry of defaul t and motion to dismiss pursuant to Rule 12(b)(5) is GRANTED, with Plaintiff's claims against her dismissed without prejudice and with leave to amend. Plaintiff's temporary restraining order and preliminary injunction motion is also DENIED . If Plaintiff wishes to amend certain claims, she is directed to file a Second Amended Complaint within forty-five (45) days of the filing of this Opinion & Order. The Clerk of the Court is respectfully directed to terminate the motions at Documents 112, 114, 121, 123, 130, and 146 and vacate the Clerk's Certificate of Default as to Fisher at Document 119. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/30/2026) (rro)