The opinion of the court was delivered by: Sweet, District Judge.
Bravin is deaf and is the father and natural guardian of
plaintiff Ethan Raymond Bravin. Bravin is a teacher of deaf
children in a school in Queens, New York.
Naomi Bravin is the wife of Bravin and the mother of plaintiff
Ethan Raymond Bravin.
Mt. Sinai maintains a hospital and medical facility rendering
medical services to the public at One Gustave Levy Place, New
York, New York, 10029 (the "Medical Center").
Prior Proceedings and Facts
The facts and prior proceedings of this action are set forth in
the prior opinions of the Court, familiarity with which is
assumed. See Bravin v. Mount Sinai Medical Center, 186 F.R.D.
293 (S.D.N.Y. 1999); Bravin v. Mount Sinai Medical Center, No.
97 Civ. 7034, 1998 WL 50209 (S.D.N.Y. February 6, 1998). Those
facts and prior proceedings relevant to the instant motion are
set forth below.
Bravin filed this action on September 19, 1997, and on that day
moved, by order to show cause, for a preliminary injunction to
compel Mt. Sinai to make immediately available a qualified sign
language interpreter for meetings between Bravin and doctors or
other primary care givers and to continue such availability while
his son was in Mt. Sinai's Neo-Natal Intensive Care Unit
The motion was withdrawn when Mt. Sinai apparently agreed to
provide the interpreter, and on September 26, 1997 an order was
entered on stipulation providing for an interpreter as requested.
On April 30, 1998, Bravin filed an amended complaint (the
"First Amended Complaint") adding plaintiffs Younger and
Mt. Sinai filed its motion to dismiss on June 10, 1998. On
October 14, 1998, plaintiffs filed their motions for partial
summary judgment, to file a Second Amended Complaint, and for
On April 14, 1999, the Court issued the Opinion denying in part
and granting in part Mt. Sinai's motion to dismiss the First
Amended Complaint, granting Bravin's motion for partial summary
judgment, denying in part and granting in part plaintiffs' motion
to file a Second Amended Complaint, and denying plaintiffs'
motion for class certification.
Mt. Sinai filed the instant motion for reconsideration on April
29, 1999. Oral argument was heard on May 19, 1999. Additional
submissions were received through June 8, 1999, at ...