U.S.

District Court
Eastern District of ew York (Brooklyn)
CIVIL DOCKET FOR CASE #: 1:04-cv-00210-KAM-RML

Zhao v. State University of New York et al Date Filed: 01/20/2004

Assigned to: Judge Kiyo A. Matsumoto Jury Demand: Plaintiff
Referred to: Magistrate-Judge Robert M. Levy Nature of Suit: 442 Civil Rights: Jobs
Cause: 28:1441 Notice of Removal Jurisdiction: Federal Question

Movant
M.D. Xu Chen represented by Brian E. Lee
Ivone, Devine & Jensen
2001 Marcus Avenue
Lake Success, NY 11042
(516) 326-2400
Fax: 516-352-4952
Email: blee@idjlaw.com
ATTOREY TO BE OTICED

Plaintiff
Jin Zhao represented by Susan C. Warnock
Hockert, Warnock& Donnelly
880 Third Avenue
New York, NY 10022
212-750-3110
Fax: 212-750-9773
Email: scwarnock@hockertwarnock.com
LEAD ATTOREY
ATTOREY TO BE OTICED

V.
Defendant
State University of ew York represented by Michael R. Klekman
State of New York
Office of the Attorney General
120 Broadway
New York, NY 10271-0332
212-416-8610
Fax: 212-416-6075
Email: Michael.Klekman@oag.state.ny.us
LEAD ATTOREY
ATTOREY TO BE OTICED

Peter A. Sistrom
Office of the Attorney General
120 Broadway
24th Floor
New York, NY 10271
212-416-8568
Fax: 212-416-6075
Email: peter.sistrom@oag.state.ny.us
TERMIATED: 03/21/2008
 LEAD ATTOREY
ATTOREY TO BE OTICED

Clement J. Colucci
Attorney General's Office
120 Broadway
Department of Law
New York, NY 10271
(212) 416-8634
Email: clement.colucci@oag.state.ny.us
TERMIATED: 02/26/2007

David Bruce Diamond

Office of the New York State Attorney
General
120 Broadway, 24th Floor
New York, NY 10271
212-416-8655
Fax: 212-416-6009/6075
Email: david.diamond@oag.state.ny.us
TERMIATED: 02/26/2007

Steven Leon Banks

NYS Office of the Attorney General
120 Broadway, 24th Floor
New York, NY 10271
(212)416-8621
Fax: (212)416-6075
Email: Steven.Banks@oag.state.ny.us
ATTOREY TO BE OTICED

Defendant
SUY Downstate Medical Center represented by Peter A. Sistrom
(See above for address)
TERMIATED: 03/21/2008
LEAD ATTOREY
ATTOREY TO BE OTICED

David Bruce Diamond

(See above for address)
TERMIATED: 02/26/2007

Defendant
Research Foundation the State University represented by Cathleen Ann Giannetta
of ew York Landman, Corsi, Ballaine & Ford P.C.
233 Broadway, 27th Floor
New York, NY 10271
(212) 238-4800
Fax: (212) 238-4848
LEAD ATTOREY
ATTOREY TO BE OTICED

Michael J. D'Angelo
Landman, Corsi, Ballaine & Ford, P.C.
120 Broadway, 27th Floor
 New York, NY 11271
212-238-4800
Fax: 212-238-4848
ATTOREY TO BE OTICED

Rebecca R. Embry
Landman Corsi Ballaine & Ford PC
120 Broadway, 27th Floor
New York, NY 10271
212-238-4800
Fax: 212-238-4848
Email: rembry@lcbf.com
ATTOREY TO BE OTICED

Defendant
Health Science Center at Brooklyn represented by Jospeh P. O'Brien
Foundation, Inc. Nixon Peabody, LLP
TERMIATED: 11/05/2004 990 Stewart Avenue
Garden City, NY 11530-4838
516-832-7500
Fax: 516-832-7555
LEAD ATTOREY
ATTOREY TO BE OTICED

Defendant
Dr. Olcay Batuman represented by Michael R. Klekman
Dr. (See above for address)
LEAD ATTOREY
ATTOREY TO BE OTICED

Peter A. Sistrom
(See above for address)
TERMIATED: 03/21/2008
LEAD ATTOREY
ATTOREY TO BE OTICED

Clement J. Colucci
(See above for address)
TERMIATED: 02/26/2007

David Bruce Diamond

(See above for address)
TERMIATED: 02/26/2007

Steven Leon Banks

(See above for address)
ATTOREY TO BE OTICED

Cross Claimant
Research Foundation the State University represented by Michael J. D'Angelo
of ew York (See above for address)
ATTOREY TO BE OTICED
V.
Cross Defendant
Dr. Olcay Batuman represented by Peter A. Sistrom
Dr. (See above for address)
TERMIATED: 03/21/2008
LEAD ATTOREY
ATTOREY TO BE OTICED

Cross Defendant
Health Science Center at Brooklyn represented by Jospeh P. O'Brien
Foundation, Inc. (See above for address)
TERMIATED: 11/05/2004 LEAD ATTOREY
ATTOREY TO BE OTICED

Cross Defendant
SUY Downstate Medical Center
represented by Peter A. Sistrom
(See above for address)
TERMIATED: 03/21/2008
LEAD ATTOREY

Cross Defendant
State University of ew York
represented by Peter A. Sistrom
(See above for address)
TERMIATED: 03/21/2008
LEAD ATTOREY

Cross Claimant
Research Foundation the State University represented by Cathleen Ann Giannetta
of ew York (See above for address)
LEAD ATTOREY
ATTOREY TO BE OTICED

Michael J. D'Angelo
(See above for address)
ATTOREY TO BE OTICED

Rebecca R. Embry
(See above for address)
ATTOREY TO BE OTICED

V.
Cross Defendant
State University of ew York represented by Peter A. Sistrom
(See above for address)
TERMIATED: 03/21/2008
LEAD ATTOREY

Clement J. Colucci
(See above for address)
TERMIATED: 02/26/2007
 David Bruce Diamond
(See above for address)
TERMIATED: 02/26/2007

Cross Defendant
SUY Downstate Medical Center represented by Peter A. Sistrom
(See above for address)
TERMIATED: 03/21/2008
LEAD ATTOREY

David Bruce Diamond

(See above for address)
TERMIATED: 02/26/2007

Cross Defendant
Dr. Olcay Batuman represented by Peter A. Sistrom
Dr. (See above for address)
TERMIATED: 03/21/2008
LEAD ATTOREY

Clement J. Colucci
(See above for address)
TERMIATED: 02/26/2007

David Bruce Diamond

(See above for address)
TERMIATED: 02/26/2007

Date Filed # Docket Text

07/24/2008 100 Transcript of Civil Cause for Discovery Conference held on 4/30/2008, before Judge
Levy. Court Transcriber Rosalie Lombardi, Telephone number 516-358-7352. Transcript
may be viewed at the court public terminal or purchased through the Court Transcriber
before the deadline for Release of Transcript Restriction. After that date it may be obtained
through PACER. Redaction Request due 8/14/2008. Redacted Transcript Deadline set for
8/25/2008. Release of Transcript Restriction set for 10/22/2008. (Toribio, Winnethka)
(Entered: 07/24/2008)

08/27/2008 101 Letter MOTION for Extension of Time to Complete Discovery by Jin Zhao. (Warnock,
Susan) (Entered: 08/27/2008)

11/12/2008 102 Letter MOTION for Extension of Time to Complete Discovery and status report by State
University of New York, Olcay Batuman. (Klekman, Michael) (Entered: 11/12/2008)

12/11/2008 103 Letter MOTION for Disclosure to exclude plaintiff's expert for failure to appear for
deposition and document production by State University of New York, Olcay Batuman.
(Klekman, Michael) (Entered: 12/11/2008)

03/05/2009 104 Joint MOTION for Extension of Time to File joint pretrial order and to serve parties'
drafts of their portions thereof on behalf of all parties by State University of New York,
Olcay Batuman. (Klekman, Michael) (Entered: 03/05/2009)

05/13/2009 105 Consent MOTION for Extension of Time to File Joint Pretrial Order by State University
of New York, Olcay Batuman. (Klekman, Michael) (Entered: 05/13/2009)
05/28/2009 106 Consent MOTION for Extension of Time to File Joint Pretrial Order by Jin Zhao.
(Warnock, Susan) (Entered: 05/28/2009)

06/23/2009 107 Letter MOTION for Extension of Time to File Joint Pretrial Order by Jin Zhao.
(Warnock, Susan) (Entered: 06/23/2009)

07/10/2009 108 Proposed Pretrial Order (Joint) by Jin Zhao (Attachments: # 1 Exhibit Schedule A, # 2
Exhibit Schedule A-1, # 3 Exhibit Schedule B, # 4 Exhibit Schedule B-1, # 5 Exhibit
Schedule C, # 6 Exhibit Schedule D, # 7 Exhibit Schedule E) (Warnock, Susan) (Entered:
07/10/2009)

12/03/2010 109 Letter Joint Status by Jin Zhao (Warnock, Susan) (Entered: 12/03/2010)

12/03/2010 110 Letter addendum to joint status letter by Olcay Batuman, State University of New York
(Klekman, Michael) (Entered: 12/03/2010)

12/06/2010 111 Pre-Trial Scheduling Order and Minute Entry for proceedings held before Judge Kiyo A.
Matsumoto: Telephone Pretrial Conference held on 12/6/2010. Susan Warnock, Esq.
appeared for plaintiff. Michael Klekman, Esq. and Steven Banks, Esq. appeared for
defendants State University of New York and Dr. Batuman and Rebecca Embry, Esq.
appeared for defendant Research Foundation of the State University of New York. Mr.
Klekman informed the court that many of his witnesses are unavailable to appear for a trial
the week of December 20, 2010. The parties indicated that they did not have any pre-trial
motions and agreed to select 8 jurors, and agreed that, if necessary, 6 can decide the case.
As set forth in the attached Pre-Trial Scheduling Order, the court orders as follows: (1)
Jury selection and trial of this case shall commence at 9 a.m. on January 10, 2011. As Ms.
Embry indicated she was unavailable to select a jury on the jury return date of January 3,
2011, the parties have agreed that the court shall arrange for a pool of 40 jurors to be
available for jury selection on January 10, 2011; (2) By 12/22/10, the parties shall stipulate
and submit via ECF, with two courtesy copies to chambers: (a) joint proposed voir dire,
including a joint statement of the case and a joint witness list to be read to the jury; (b)
joint proposed verdict forms; (c) joint list of exhibits; (d) joint list of persons, including
attorneys, corporations, institutions, places, and scientific, technical, or colloquial terms
that will be present or referred to by counsel or witnesses during the trial, for the use of the
court in questioning prospective jurors and to assist the court reporter in recording the
proceedings; (e) joint requests to charge; (f) stipulations of fact and to the authenticity of
documents; (3) By 12/17/10, the parties shall submit a joint letter via ECF, informing the
court whether there are any outstanding objections to the admissibility of any exhibits or to
witness testimony. If unresolved objections exist, the parties shall attach the exhibits
and/or a summary of expected testimony at issue, set forth the legal and factual bases for
the objections and bases for admission, and explain to the court why the parties are unable
to resolve the matter. Two courtesy copies of the letter and attachments, if any, shall be
provided to chambers; (4) Final Pre-trial Conference set for 12/22/10 at 10:30 a.m. with
pre-marked exhibits to be provided to the court and exchanged by the parties; (5) The
parties shall continue to engage in settlement discussions and to inform the court at the
latest by January 7, 2011 at 12 p.m. if they have settled the case. (Hershenberg, Anna)
(Entered: 12/06/2010)

12/17/2010 112 Letter Joint Status Letter by Jin Zhao (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, #
4 Exhibit, # 5 Exhibit) (Warnock, Susan) (Entered: 12/17/2010)

12/20/2010 113 STATUS REPORT Addendum to status letter, dated December 17, 2010, Document 112
by Olcay Batuman, State University of New York (Attachments: # 1 Exhibit Corrected
Exhibit DX-AP, # 2 Exhibit Corrected Exhibit DX-BI) (Klekman, Michael) (Entered:
12/20/2010)

12/22/2010 114 Letter Pre Trial Documents by Jin Zhao (Attachments: # 1 Exhibit, # 2 Exhibit, # 3
 Exhibit) (Warnock, Susan) (Entered: 12/22/2010)

01/03/2011 115 STATUS REPORT Request for ExParte Conference by Jin Zhao (Warnock, Susan)
(Entered: 01/03/2011)

01/06/2011 116 NOTICE of Appearance by Steven Leon Banks on behalf of Olcay Batuman, State
University of New York (aty to be noticed) (Banks, Steven) (Entered: 01/06/2011)

01/07/2011 117 NOTICE by Olcay Batuman, Research Foundation the State University of New York,
State University of New York, Jin Zhao Proposed Verdict Sheet (Embry, Rebecca)
(Entered: 01/07/2011)

01/07/2011 118 Proposed Jury Instructions by Olcay Batuman, Research Foundation the State University
of New York, State University of New York, Jin Zhao (Embry, Rebecca) (Entered:
01/07/2011)

01/07/2011 119 Letter dated 12/29/10 from plaintiff Dr. Jin Zhao to Judge Levy requesting that two
witnesses be subpoenaed. (Brucella, Michelle) (Entered: 01/07/2011)