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Barsoumian v. Williams

United States District Court, W.D. New York

June 30, 2014

RAFFI BARSOUMIAN, M.D., Plaintiff,
v.
ANN C. WILLIAMS, Esq., UNIVERSITY MEDICAL RESIDENT SERVICES, P.C., JAMES M. HASSETT, M.D., ROSEANNE C. BERGER, M.D., GREGORY CHERR, M.D., SUSAN ORRANGE, Ed. M., KEVIN GIBBONS, M.D., THE STATE UNIVERSITY OF NEW YORK SCHOOL OF MEDICINE AND BIOMEDICAL SCIENCES, Defendants

Decided Date: June 29, 2014.

Page 304

[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

Page 306

For Raffi Barsoumian, M.D., Plaintiff: Andrew P. Fleming, Chiacchia & Fleming, LLP, Hamburg, NY.

For Ann C. Williams, Esq., Individually and as Associate Counsel State University of New York at Buffalo, James M. Hassett, M.D., Individually and as Program Director of the Department of Surgery, Roseanne C. Berger, M.D., Individually and as Senior Associate Dean of Graduate Medical Education, Gregory Cherr, M.D., Individually and as Program Director of the Department of Surgery, Susan Orrange, Ed. M, Individually and as Director of Education & Resident Support Services, Kevin Gibbons, M.D., Individually and as Step Two Grievance Hearing Committee Chairman, S.U.N.Y at Buffalo, School of Medicine and Biomedical Sciences, Defendants: David J. Sleight, LEAD ATTORNEY, Office of the Attorney General, Buffalo, NY.

For University Medical Resident Services, P.C., Defendant: Earl K. Cantwell, LEAD ATTORNEY, Hurwitz & Fine, P.C., Buffalo, NY.

Page 307

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief United States District Judge.

I. INTRODUCTION

Plaintiff Raffi Barsoumian, M.D., commenced this action in April 2014 seeking injunctive relief and damages for his alleged procedurally improper termination from a surgical residency program. Presently before this Court is Plaintiff's motion for a preliminary injunction directing that he be reinstated to the program pending the outcome of the present litigation. Also before this Court is the motion to partially dismiss the Complaint of Defendants S.U.N.Y. at Buffalo School of Medicine and Biomedical Sciences, Ann C. Williams, Esq., James Hassett, M.D., Roseanne Berger, M.D., Gregory Cherr, M.D., Susan Orrange, Ed. M, and Kevin Gibbons, ...


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