Preview
(FILED: RICHMOND COUNTY CLERK 10715/2014 04:08 PM INDEX NO. 150116/2012
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 10/15/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
eee een n ene c en nn na ne ener n en ee mene enna ene en enna mene ennen en nenenenuannen,
ROBERT VALENTI,
Index No.: 150116/12
Plaintiff,
-against- NOTICE OF MOTION
JOHN J. GADOMSKI, M.D., SHIMON OAMI, M.D.
LABORATORY CORPORATION OF AMERICA
HOLDINGS, LABORATORY CORPORATION OF
AMERICA, PATRICIA C. MCCORMACK, M.D. and
“JANE DOE,” P.A., intended to represent the female
Physician Assistant in the office of Dr. McCormack who
was involved in the care and treatment of plaintiff but
whose name is not yet known,
Defendants.
went een nee en een ene e eee nn ener nn nnn ne neem nnn enmenee nn,
COUNSELORS:
PLEASE TAKE NOTICE, that upon the Affirmation of Steven R. Montgomery, sworn
to on the 15" day of October, 2014, the exhibits annexed hereto and upon all of the pleadings
and proceedings had herein, Defendants Laboratory Corporation of America Holdings and
Laboratory Corporation of America, by and through their attorneys, RAWLE & HENDERSON,
LLP, shall move this Court at a DCM Part to be assigned by the Court, at the Supreme Court of
the State of New York, County of Richmond, Staten Island, New York 10301 on the 19" day of
November, 2014, at 9:30 a.m. or as soon thereafter as counsel may be heard, for an Order:
1 Pursuant to § 520.11 of the rules of the Court of
Appeals and § 670.6(e) of the rules of this Court (22
NYCRR 520.11 [a]) admitting Jennifer L. Gustafson pro
hac vice for the purpose of representing the Defendants
Laboratory Corporation of America Holdings and
7766952-1
Laboratory Corporation of America in the underlying
action before this Court; and/or
Together with such other and further relief as this Court
may deem just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering
affidavits and cross-motions if any, are required to be served upon the undersigned seven (7)
days before the return date of this motion.
Dated: New York, New York
October 15, 2014
RAWLE & HENDERSON, LLP
steven, Mont ery, Esq
14 Wall Street, 271 loor
New York, New York 10005
Telephone: (212) 323-7070
Local Counsel for Defendants
Laboratory Corporation of America Holdings
and Laboratory Corporation of America
and
Thomas L. Caradonna, Esq.
Jennifer L. Gustafson, Esq.
LEWIS, RICE & FINGERSH, L.C.
600 Washington, Suite 2500
St. Louis, Missouri 63101
Telephone: (314) 444-7600
Attorneys for Defendants
Laboratory Corporation of America Holdings
and Laboratory Corporation of America
7766952-1
To The Law Firm of Ravi Batra, P.C.
Attorneys for Plaintiff Robert Valenti
The Batra Building
142 Lexington Avenue
New York, New York 10016
Keller, O'Reilly & Watson, P.C.
Attorneys for Defendant Shimon Oami, M.D.
242 Crossways Park West
Woodbury, New York 11797
Amabile & Erman, P.C.
Attorneys for Defendants John J. Gadomski, M.D.
and Patricia. C. McCormack, M.D.
1000 South Avenue
Staten Island, New York 10314
7766952-1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
wenn nen e nnn ene nen nnn nen een enna nen ee en eenennennn,
ROBERT VALENTI,
Index No.: 150116/12
Plaintiff,
-against- AFFIRMATION
IN SUPPORT
JOHN J. GADOMSKI, M.D., SHIMON OAMI, M.D.
LABORATORY CORPORATION OF AMERICA
HOLDINGS, LABORATORY CORPORATION OF
AMERICA, PATRICIA. C. McCORMACK, M.D. and
“JANE DOE,” P.A., intended to represent the female
Physician Assistant in the office of Dr. McCormack who
was involved in the care and treatment of plaintiff but
whose name is not yet known,
Defendants.
ence meneneenen nnn secon cere ence ee nee nnn ne nnm nme ne nen en eee meee rn nn naetie
STEVEN R. MONTGOMERY, an attorney duly admitted to practice law before the
Courts of the State of New York, hereby affirms the following upon information and belief:
1 I am an attorney duly admitted to practice law in the State of New York and am
associated with the law firm of Rawle & Henderson, LLP, attorneys of record for the Defendants
Laboratory Corporation of America Holdings and Laboratory Corporation of America,
(hereinafter “Defendants”). I reside in the New York City offices of Rawle & Henderson, LLP.
2 The law firm of Rawle & Henderson, LLP is local counsel to Lewis, Rice &
Fingersh, L.C. in this matter. I am a member in good standing of the New York State Bar and as
such, am one of the attorneys serving as local counsel in this action.
3 Iam fully familiar with the facts and circumstances set forth herein.
4 I submit this affirmation in support of the instant request for admission to this
Court pro hac vice by Jennifer L. Gustafson for the purpose of representing Defendants in the
7766952-1
present action that is before this Court and find that she is a reputable and competent attorney.
5 Attorney Jennifer L. Gustafson has not been admitted pro hac vice to the Supreme
Court of the State of New York, County of Richmond.
6 Attorney Jennifer L. Gustafson is thoroughly familiar with the facts of this case
and with the circumstances and allegations set forth by Plaintiff in this action.
7 Attorney Jennifer L. Gustafson was admitted to the State Bar of Missouri in 2008
and the State Bar of Illinois in 2009 and has continuously remained in good standing in each of
these states, Attorney Jennifer L. Gustafson’s principal location of practice is in St. Louis,
Missouri. Annexed hereto as Exhibit A are copies of the Certificate of Good Standing submitted
by Attorney Jennifer L. Gustafson for the States of Missouri and Illinois.
8 The law firm of Rawle & Henderson, LLP will serve as local counsel for
Defendants and will accept all Court notifications and documents served by Plaintiffs counsel at
their 14 Wall Street, 27" Floor, New York, NY address. Rawle & Henderson, LLP is the
attorney of record for this case pursuant to 22 NYCRR § 1000.13(1).
9 No prior request for the relief sought herein has been made.
WHEREFORE, Defendants herein respectfully submit that this Court should issue an
Order admitting Jennifer L. Gustafson pro hac vice to represent the Defendants Laboratory
Corporation of America Holdings and Laboratory Corporation of America in this action, together
with such other and further relief that this Court may deem just and proper.
Dated: New York, New York
October 15, 2014
VE INTGOMERY
To The Law Firm of Ravi Batra, P.C.
Attorneys for Plaintiff Robert Valenti
The Batra Building
142 Lexington Avenue
New York, NY 10016
Keller, O'Reilly & Watson, P.C.
Attorneys for Defendant Shimon Oami, M.D.
242 Crossways Park West
Woodbury, NY 11797
Amabile & Erman, P.C.
Attorneys for Defendants John J. Gadomski, M.D.
and Patricia C. McCormack, M.D:
1000 South Avenue
Staten Island, NY 10314
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
SS
COUNTY OF NEW YORK )
Rita Shanley being duly sworn, deposes and says:
I am not a party to this action, I am over 18 years of age and I reside in Kings County, New
York.
On October 15, 2014, I served the within Notice of Motion upon the parties listed below at
the addresses designated by said party for that purpose by depositing a true copy of same enclosed
in-a postpaid, properly addressed. wrapper, in an official depository under the exclusive care.and
custody of the United States Postal Service within the State of New York.
To: The Law Firm of Ravi Batra, P.C.
Attorneys for Plaintiff Robert Valenti
The Batra Building
142 Lexington Avenue
New York, NY 10016
Keller, O'Reilly & Watson, P.C.
Attorneys for Defendant Shimon Oami, M.D.
242 Crossways Park West
Woodbury, NY 11797
Amabile & Erman, P.C.
Attorneys for Defendants John J. Gadomski, M.D.
and Patricia C. McCormack, M.D.
1000 South Avenue
Staten Island, NY 10314
y
f——
Rita Shafile
Sworn to before me this
15U f Ogober, 2014
lic
Preview
(FILED: RICHMOND COUNTY CLERK 10715/2014 04:08 PM INDEX NO. 150116/2012 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 10/15/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND eee een n ene c en nn na ne ener n en ee mene enna ene en enna mene ennen en nenenenuannen, ROBERT VALENTI, Index No.: 150116/12 Plaintiff, -against- NOTICE OF MOTION JOHN J. GADOMSKI, M.D., SHIMON OAMI, M.D. LABORATORY CORPORATION OF AMERICA HOLDINGS, LABORATORY CORPORATION OF AMERICA, PATRICIA C. MCCORMACK, M.D. and “JANE DOE,” P.A., intended to represent the female Physician Assistant in the office of Dr. McCormack who was involved in the care and treatment of plaintiff but whose name is not yet known, Defendants. went een nee en een ene e eee nn ener nn nnn ne neem nnn enmenee nn, COUNSELORS: PLEASE TAKE NOTICE, that upon the Affirmation of Steven R. Montgomery, sworn to on the 15" day of October, 2014, the exhibits annexed hereto and upon all of the pleadings and proceedings had herein, Defendants Laboratory Corporation of America Holdings and Laboratory Corporation of America, by and through their attorneys, RAWLE & HENDERSON, LLP, shall move this Court at a DCM Part to be assigned by the Court, at the Supreme Court of the State of New York, County of Richmond, Staten Island, New York 10301 on the 19" day of November, 2014, at 9:30 a.m. or as soon thereafter as counsel may be heard, for an Order: 1 Pursuant to § 520.11 of the rules of the Court of Appeals and § 670.6(e) of the rules of this Court (22 NYCRR 520.11 [a]) admitting Jennifer L. Gustafson pro hac vice for the purpose of representing the Defendants Laboratory Corporation of America Holdings and 7766952-1 Laboratory Corporation of America in the underlying action before this Court; and/or Together with such other and further relief as this Court may deem just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering affidavits and cross-motions if any, are required to be served upon the undersigned seven (7) days before the return date of this motion. Dated: New York, New York October 15, 2014 RAWLE & HENDERSON, LLP steven, Mont ery, Esq 14 Wall Street, 271 loor New York, New York 10005 Telephone: (212) 323-7070 Local Counsel for Defendants Laboratory Corporation of America Holdings and Laboratory Corporation of America and Thomas L. Caradonna, Esq. Jennifer L. Gustafson, Esq. LEWIS, RICE & FINGERSH, L.C. 600 Washington, Suite 2500 St. Louis, Missouri 63101 Telephone: (314) 444-7600 Attorneys for Defendants Laboratory Corporation of America Holdings and Laboratory Corporation of America 7766952-1 To The Law Firm of Ravi Batra, P.C. Attorneys for Plaintiff Robert Valenti The Batra Building 142 Lexington Avenue New York, New York 10016 Keller, O'Reilly & Watson, P.C. Attorneys for Defendant Shimon Oami, M.D. 242 Crossways Park West Woodbury, New York 11797 Amabile & Erman, P.C. Attorneys for Defendants John J. Gadomski, M.D. and Patricia. C. McCormack, M.D. 1000 South Avenue Staten Island, New York 10314 7766952-1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND wenn nen e nnn ene nen nnn nen een enna nen ee en eenennennn, ROBERT VALENTI, Index No.: 150116/12 Plaintiff, -against- AFFIRMATION IN SUPPORT JOHN J. GADOMSKI, M.D., SHIMON OAMI, M.D. LABORATORY CORPORATION OF AMERICA HOLDINGS, LABORATORY CORPORATION OF AMERICA, PATRICIA. C. McCORMACK, M.D. and “JANE DOE,” P.A., intended to represent the female Physician Assistant in the office of Dr. McCormack who was involved in the care and treatment of plaintiff but whose name is not yet known, Defendants. ence meneneenen nnn secon cere ence ee nee nnn ne nnm nme ne nen en eee meee rn nn naetie STEVEN R. MONTGOMERY, an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms the following upon information and belief: 1 I am an attorney duly admitted to practice law in the State of New York and am associated with the law firm of Rawle & Henderson, LLP, attorneys of record for the Defendants Laboratory Corporation of America Holdings and Laboratory Corporation of America, (hereinafter “Defendants”). I reside in the New York City offices of Rawle & Henderson, LLP. 2 The law firm of Rawle & Henderson, LLP is local counsel to Lewis, Rice & Fingersh, L.C. in this matter. I am a member in good standing of the New York State Bar and as such, am one of the attorneys serving as local counsel in this action. 3 Iam fully familiar with the facts and circumstances set forth herein. 4 I submit this affirmation in support of the instant request for admission to this Court pro hac vice by Jennifer L. Gustafson for the purpose of representing Defendants in the 7766952-1 present action that is before this Court and find that she is a reputable and competent attorney. 5 Attorney Jennifer L. Gustafson has not been admitted pro hac vice to the Supreme Court of the State of New York, County of Richmond. 6 Attorney Jennifer L. Gustafson is thoroughly familiar with the facts of this case and with the circumstances and allegations set forth by Plaintiff in this action. 7 Attorney Jennifer L. Gustafson was admitted to the State Bar of Missouri in 2008 and the State Bar of Illinois in 2009 and has continuously remained in good standing in each of these states, Attorney Jennifer L. Gustafson’s principal location of practice is in St. Louis, Missouri. Annexed hereto as Exhibit A are copies of the Certificate of Good Standing submitted by Attorney Jennifer L. Gustafson for the States of Missouri and Illinois. 8 The law firm of Rawle & Henderson, LLP will serve as local counsel for Defendants and will accept all Court notifications and documents served by Plaintiffs counsel at their 14 Wall Street, 27" Floor, New York, NY address. Rawle & Henderson, LLP is the attorney of record for this case pursuant to 22 NYCRR § 1000.13(1). 9 No prior request for the relief sought herein has been made. WHEREFORE, Defendants herein respectfully submit that this Court should issue an Order admitting Jennifer L. Gustafson pro hac vice to represent the Defendants Laboratory Corporation of America Holdings and Laboratory Corporation of America in this action, together with such other and further relief that this Court may deem just and proper. Dated: New York, New York October 15, 2014 VE INTGOMERY To The Law Firm of Ravi Batra, P.C. Attorneys for Plaintiff Robert Valenti The Batra Building 142 Lexington Avenue New York, NY 10016 Keller, O'Reilly & Watson, P.C. Attorneys for Defendant Shimon Oami, M.D. 242 Crossways Park West Woodbury, NY 11797 Amabile & Erman, P.C. Attorneys for Defendants John J. Gadomski, M.D. and Patricia C. McCormack, M.D: 1000 South Avenue Staten Island, NY 10314 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) SS COUNTY OF NEW YORK ) Rita Shanley being duly sworn, deposes and says: I am not a party to this action, I am over 18 years of age and I reside in Kings County, New York. On October 15, 2014, I served the within Notice of Motion upon the parties listed below at the addresses designated by said party for that purpose by depositing a true copy of same enclosed in-a postpaid, properly addressed. wrapper, in an official depository under the exclusive care.and custody of the United States Postal Service within the State of New York. To: The Law Firm of Ravi Batra, P.C. Attorneys for Plaintiff Robert Valenti The Batra Building 142 Lexington Avenue New York, NY 10016 Keller, O'Reilly & Watson, P.C. Attorneys for Defendant Shimon Oami, M.D. 242 Crossways Park West Woodbury, NY 11797 Amabile & Erman, P.C. Attorneys for Defendants John J. Gadomski, M.D. and Patricia C. McCormack, M.D. 1000 South Avenue Staten Island, NY 10314 y f—— Rita Shafile Sworn to before me this 15U f Ogober, 2014 lic