FERNANDEZ v. KESSLER INSTITUTE FOR REHABILITATION et al
| Dorine Fernandez |
| John Doe No.1 through Jane Doe No. 50, KESSLER INSTITUTE FOR REHABILITATION, Dr. Dholakia Hema, M.D., Dr. Jeremiah Nieves, M.D., RWJ Banabas Health - Saint Barnabas Medical Center, Dr. Patel, M.D. and Dr. Beverly Hon, M.D. |
| 2:2019cv07286 |
| February 27, 2019 |
| US District Court for the District of New Jersey |
| Katharine S Hayden |
| Cathy L Waldor |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 58 Letter from Charmaine M. Stewart, Esq. (byl) |
| Filing 57 Letter from Joseph F.X. Savona re #53 Letter: Attorney Not Admitted. (Attachments: #1 Envelope)(byl) |
| Filing 56 NOTICE of Appearance by KERSTEN KORTBAWI on behalf of Beverly Hon, MD (KORTBAWI, KERSTEN) |
| Filing 55 NOTICE of Appearance by GARY L. RIVELES on behalf of RWJ Banabas Health - Saint Barnabas Medical Center (RIVELES, GARY) |
| Filing 54 NOTICE of Appearance by JOHN DAVID NORTH on behalf of Beverly Hon, MD (NORTH, JOHN) |
| Filing 53 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (jr) |
| Case assigned to Judge Katharine S. Hayden and Magistrate Judge Cathy L. Waldor. (jr) |
| Filing 52 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 2:18-cv-05509. Original file certified copy of transfer order and docket sheet received. |
| Case transferred to District of New Jersey. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Cubano, Jazmin) |
ORDER re #51 : The Stipulation to transfer and stay is So Ordered and the Clerk of Court is directed to transfer the case. Ordered by Judge Denis R. Hurley on 2/26/2019. (Bochner, Francesca)
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| Filing 51 [Proposed] STIPULATION to Transer Venue and to Stay by Dorine Fernandez. (Cubano, Jazmin) |
| Incorrect Case/Document/Entry Information: Original DE 51 has been deleted (MOTION to Change Venue and to Stay by Dorine Fernandez(Individually and on behalf of distributees of Frank Fernandez). (Stewart, Charmaine). As per Chambers request, the Clerk's Office will refile the document as a Stipulation. (Cubano, Jazmin) |
| Minute Entry for proceedings held before Judge Denis R. Hurley: A Telephone Conference was held in this matter on February 19, 2019. Counsel for all sides were on the line. The Parties discussed the disputed stipulation to transfer. Plaintiff's counsel agreed to circulate an updated stipulation. The Parties shall file a final stipulation to transfer on or before February 25, 2019. (Bochner, Francesca) |
| Filing 50 Letter Honorable Denis R. Hurley, U.S.D.J. by Dholakia Hema, MD (Hauss, Karen) |
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SCHEDULING ORDER: re #44 : The Court has reviewed the Parties' submissions. A telephone conference will be held in this matter on February 19, 2019 at 11:00 AM to discuss the stipulation to transfer. Plaintiff's counsel will initiate the call and counsel for both sides shall be on the line before calling Chambers at (631) 712-5650. In the event counsel is unavailable at the scheduled time, s/he shall consult with opposing counsel and provide two alternate dates and/or times by letter filed on ECF on or before February 14, 2019. Ordered by Judge Denis R. Hurley on 2/11/2019. (Bochner, Francesca) Modified date of the next telephone conference on 2/11/2019 (Florio, Lisa).
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| Filing 49 Letter in Response to Plaintiff's status letter by RWJ Banabas Health - Saint Barnabas Medical Center (Attachments: #1 Proposed Stipulation) (Gorelick, Steven) |
| Filing 48 Letter Response to Plaintiff's Status Letter by Patel, MD (D'Erasmo, Raymond) |
| Filing 47 Letter in Response to Plaintiff's Status Report by Beverly Hon, MD (Kaller, Emily) |
| Filing 46 Letter by Kessler Institute For Rehabilitation, Jeremiah Nieves, MD (Aronin, Dean) |
| Filing 45 NOTICE of Appearance by Emily A Kaller on behalf of Beverly Hon, MD (aty to be noticed) (Kaller, Emily) |
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ORDER re #44 : Defendants are directed to file a response, either jointly or separately, to Plaintiff's status letter on or before February 8, 2019. A telephone conference will be scheduled thereafter. Ordered by Judge Denis R. Hurley on 2/4/2019. (Bochner, Francesca)
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| Filing 44 Letter Status Report by Dorine Fernandez(Individually and on behalf of distributees of Frank Fernandez) (Attachments: #1 Supplement Stipulation) (Stewart, Charmaine) |
| Filing 43 Verified ANSWER to #40 Answer to Amended Complaint, CROSSCLAIM against Beverly Hon, MD, John Doe No.1 through Jane Doe No. 50, Dholakia Hema, MD, RWJ Banabas Health - Saint Barnabas Medical Center, Patel, MD, COUNTERCLAIM against Dorine Fernandez by Kessler Institute For Rehabilitation, Jeremiah Nieves, MD. (Attachments: #1 Attorney Verification, #2 Certificate of Service) (Cubano, Jazmin) |
| Incorrect Case/Document/Entry Information: Original DE 43 has been deleted (VERIFIED ANSWER to 40 Answer to Amended Complaint,, Crossclaim,, Counterclaim,, CROSSCLAIM against Beverly Hon, MD, John Doe No.1 through Jane Doe No. 50, Dholakia Hema, MD, RWJ Banabas Health - Saint Barnabas Medical Center, Patel, MD, COUNTERCLAIM against Beverly Hon, MD, John Doe No.1 through Jane Doe No. 50, Dholakia Hema, MD, RWJ Banabas Health - Saint Barnabas Medical Center, Patel, MD by Kessler Institute For Rehabilitation, Jeremiah Nieves, MD. (Attachments: # 1 Attorney Verification, # 2 Certificate of Service) (Aronin, Dean)). Crossclaims were asserted and entered on the docket correctly however, counsel should have asserted the Counterclaim as to the Plaintiff Dorine Fernandez ONLY, not as to all other defendants. The Clerk's office will refile the documents with all corrections made. (Cubano, Jazmin) |
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Filing 42
Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details.Ordered by Magistrate Judge Arlene R. Lindsay on 1/29/2019. (Attachments: #1 Proposed Scheduling Order) c/ecf (Imrie, Robert)
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| Filing 40 ANSWER to #12 Amended Complaint, CROSSCLAIM against RWJ Banabas Health - Saint Barnabas Medical Center, Beverly Hon, MD, Kessler Institute For Rehabilitation, Jeremiah Nieves, MD, John Doe No.1 through Jane Doe No. 50, Patel, MD, COUNTERCLAIM against Dorine Fernandez by Dholakia Hema, MD. (Attachments: #1 Verification to Verified Answer) (Cubano, Jazmin) Modified on 1/15/2019 to edit docket number (Cubano, Jazmin). |
| Filing 39 NOTICE of Appearance by Karen Hauss on behalf of Dholakia Hema, MD. (Cubano, Jazmin) Modified on 1/15/2019 to edit document number (Cubano, Jazmin). |
| Incorrect Case/Document/Entry Information: Original DE's 39, 40, and 42 have been deleted. DE 39 was filed as an Answer to Complaint when it should have been filed as a "Notice of Appearance". DE 40 was filed incorrectly. Cross-claim cannot be by defendant against herself. Counsel should NOT have selected ALL defendants. DE 42 was also filed as an Answer to Complaint when it should have been filed as an attachment to the Answer to Complaint. The Clerk's office will refile these documents correctly. (Cubano, Jazmin) |
| Filing 41 First MOTION to Adjourn Conference by Dorine Fernandez. (Stewart, Charmaine) |
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ORDER granting #41 : The Motion to Adjourn the Telephone Conference is granted. Plaintiff is directed to file a status report or a stipulation to transferring venue on or before February 1, 2019. Ordered by Judge Denis R. Hurley on 1/14/2019. (Bochner, Francesca)
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ORDER re #13 , #37 , #38 : A telephone conference will be held in this matter on Tuesday, January 15, 2019 at 1:00 p.m. to discuss the issue of transferring this matter. Plaintiff's counsel will initiate the call and counsel for all sides that have appeared shall be on the line before calling Chambers at (631) 712-5650. In the event counsel is unavailable at the scheduled time, s/he shall consult with opposing counsel and provide two alternate dates and/or times by letter filed on ECF on or before January 11, 2019. Ordered by Judge Denis R. Hurley on 1/7/2019. (Bochner, Francesca)
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| Filing 38 Letter by Jeremiah Nieves, MD (Aronin, Dean) |
| Filing 37 Letter Application by Patel, MD (Savona, Joseph) |
| Motions terminated, docketed incorrectly: #36 Letter MOTION for pre motion conference filed by RWJ Banabas Health - Saint Barnabas Medical Center. (The document should have been filed as a "LETTER" application, and the Court will address the document as such. All corrections have been made). (Cubano, Jazmin) |
| Filing 36 Letter application for pre motion conference by RWJ Banabas Health - Saint Barnabas Medical Center. (Zwerling, Andrew) Modified on 12/21/2018 (Cubano, Jazmin). |
| Filing 35 NOTICE of Appearance by Jamele A. Hamad on behalf of Kessler Institute For Rehabilitation, Jeremiah Nieves, MD (aty to be noticed) (Attachments: #1 Certificate of Service) (Hamad, Jamele) |
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ORDER granting #34 Motion for Extension of Time to Answer. The time for the Kessler Institute For Rehabilitation and Dr. Jeremiah Nieves to answer, move against or otherwise respond to the Amended Complaint is hereby extended to and including 1/4/2019. Ordered by Magistrate Judge Arlene R. Lindsay on 12/19/2018. (Jacobwitz, Beth)
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| Filing 34 STIPULATION by Kessler Institute For Rehabilitation, Jeremiah Nieves, MD (Aronin, Dean) Modified on 12/19/2018 (Imrie, Robert). |
| Filing 33 NOTICE of Appearance by Dean Geller Aronin on behalf of Kessler Institute For Rehabilitation, Jeremiah Nieves, MD (aty to be noticed) (Aronin, Dean) |
| Filing 32 Summons Returned Unexecuted by Dorine Fernandez as to Dholakia Hema, MD. (Stewart, Charmaine) |
| Filing 31 SUMMONS Returned Executed by Dorine Fernandez. Dholakia Hema, MD served on 12/6/2018, answer due 12/27/2018. (Stewart, Charmaine) |
| Filing 30 Summons Returned Unexecuted by Dorine Fernandez as to Beverly Hon, MD. (Stewart, Charmaine) |
| Filing 29 SUMMONS Returned Executed by Dorine Fernandez. Beverly Hon, MD served on 12/6/2018, answer due 12/27/2018. (Attachments: #1 Affidavit of Service) (Stewart, Charmaine) |
| Filing 28 SUMMONS Returned Executed by Dorine Fernandez. Jeremiah Nieves, MD served on 12/6/2018, answer due 12/27/2018. (Stewart, Charmaine) |
| Filing 27 NOTICE of Appearance by Raymond M. D'Erasmo on behalf of Patel, MD (aty to be noticed) (D'Erasmo, Raymond) |
| Filing 26 NOTICE of Appearance by Joseph F.X. Savona on behalf of Patel, MD (notification declined or already on case) (Savona, Joseph) |
| Filing 25 Verified ANSWER to #12 Amended Complaint by Patel, MD. (Savona, Joseph) |
| Filing 24 NOTICE of Appearance by Joseph F.X. Savona on behalf of Patel, MD (aty to be noticed) (Savona, Joseph) |
| Filing 23 SUMMONS Returned Executed by Dorine Fernandez. Jeremiah Nieves, MD served on 10/15/2018, answer due 11/5/2018. (Stewart, Charmaine) |
| Filing 22 SUMMONS Returned Executed by Dorine Fernandez. Dholakia Hema, MD served on 10/15/2018, answer due 11/5/2018. (Stewart, Charmaine) |
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ORDER granting #21 Motion for Extension of Time to Answer The time for RWJ Banabas Health - Saint Barnabas Medical Center to answer, move against or otherwise respond to Plaintiff's Amended Complaint is hereby extended to and including 12/19/2018. Ordered by Magistrate Judge Arlene R. Lindsay on 12/3/2018. (Jacobwitz, Beth)
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| Filing 21 Letter MOTION for Extension of Time to File Answer re #12 Amended Complaint by RWJ Banabas Health - Saint Barnabas Medical Center. (Zwerling, Andrew) |
| Filing 20 STIPULATION To Extend Time to Answer Complaint and Amended Complaint by Kessler Institute For Rehabilitation (Aronin, Dean) Modified on 11/29/2018 (Imrie, Robert). |
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ORDER re #18 : The time for Patel, MD to answer, move or otherwise respond to the complaint is extended to and including December 7, 2018. Ordered by Magistrate Judge Arlene R. Lindsay on 11/29/2018. c/ecf (Imrie, Robert)
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ORDER re #20 : The time for Kessler Institute For Rehabilitation to answer, move or otherwise respond to the complaint is extended to and including December 19, 2018. Ordered by Magistrate Judge Arlene R. Lindsay on 11/29/2018. c/ecf (Imrie, Robert)
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| Filing 19 AFFIDAVIT/AFFIRMATION Affidavit of Merit of Dr. Andrea M. Nichols by Dorine Fernandez (Stewart, Charmaine) |
| Filing 18 STIPULATION Extending Defendant Patel's time to answer Complaint by Dorine Fernandez (Stewart, Charmaine) Modified on 11/29/2018 (Imrie, Robert). |
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ORDER re #12 , #13 : The Court has reviewed the Amended Complaint and finds that diversity jurisdiction has been properly plead. Accordingly, the Order to Show Cause at DE #5 is hereby withdrawn. Ordered by Judge Denis R. Hurley on 11/14/2018. (Bochner, Francesca)
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ORDER re #11 , #17 : The Court has reviewed Defendant Saint Barnabas Medical Center's letter seeking to join in Defendant Kessler Institute for Rehabilitation, Inc.'s application to dismiss the action. Pursuant to the undersigned's individual practice rules, prior to filing a motion to dismiss the moving party is required to file a formal letter request for a pre-motion conference on ECF. As the Defendants have not filed such a request for a pre-motion conference, the Court will not consider their application(s) until they do so. Ordered by Judge Denis R. Hurley on 11/14/2018. (Bochner, Francesca)
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| Filing 17 Letter to join in the application of co-defendant Kessler Institute for Rehabilitation for dismissal of this action by RWJ Banabas Health - Saint Barnabas Medical Center (Zwerling, Andrew) |
| Filing 16 NOTICE of Appearance by Steven D. Gorelick on behalf of RWJ Banabas Health - Saint Barnabas Medical Center (aty to be noticed) (Gorelick, Steven) |
| Filing 15 NOTICE of Appearance by Andrew Leslie Zwerling on behalf of RWJ Banabas Health - Saint Barnabas Medical Center (aty to be noticed) (Zwerling, Andrew) |
| Filing 14 NOTICE of Appearance by Jamele A. Hamad on behalf of Kessler Institute For Rehabilitation (aty to be noticed) (Hamad, Jamele) |
| Filing 13 Letter in Reply regarding jurisdiction by Dorine Fernandez (Moreno, Marina) |
| Filing 12 AMENDED COMPLAINT against All Defendants, filed by Dorine Fernandez. (Moreno, Marina) |
| Filing 11 Letter Opposition to Plaintiffs OTSC by Kessler Institute For Rehabilitation (Aronin, Dean) |
| Filing 10 NOTICE of Appearance by Dean Geller Aronin on behalf of Kessler Institute For Rehabilitation (notification declined or already on case) (Aronin, Dean) |
| Filing 9 NOTICE of Appearance by Dean Geller Aronin on behalf of Kessler Institute For Rehabilitation (aty to be noticed) (Aronin, Dean) |
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ORDER re #8 Response to Order to Show Cause: It is clear from Plaintiff's Counsel's response to this Court's Order to Show Cause that she did not review the attached Order at DE #5 , which explicitly set forth both the deficiencies in the Complaint as well as the requirements to properly plead diversity. Counsel has again failed to properly plead diversity. Accordingly, Counsel is directed to review the Court's Order and file a response on or before October 24, 2018. If Counsel again fails to comply with this Court's Order, the matter will be promptly dismissed. Ordered by Judge Denis R. Hurley on 10/19/2018. (Bochner, Francesca)
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| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by Dorine Fernandez (Moreno, Marina) |
| Filing 7 Summons Issued as to Dholakia Hema, MD, Beverly Hon, MD, Kessler Institute For Rehabilitation, Jeremiah Nieves, MD, Patel, MD, RWJ Banabas Health - Saint Barnabas Medical Center. (Ortiz, Grisel) |
| Filing 6 Proposed Summons. by Dorine Fernandez (Stewart, Charmaine) |
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Filing 5
ORDER TO SHOW CAUSE re #1 : Given this Court's obligation to ensure that subject matter exists, IT IS HEREBY ORDERED THAT Plaintiff show cause in writing filed on or before October 18, 2018, why this action should not be dismissed for lack of subject matter jurisdiction. Defendants may file a response, if any, to Plaintiff's submission on or before October 25, 2019; and Plaintiff may file a reply, if any, on or before November 12, 2018. See attached Order. Ordered by Judge Denis R. Hurley on 10/4/2018. (Bochner, Francesca)
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| Incorrect Case/Document/Entry Information: Proposed summons is rejected; Please correct the Civil Action Number. Also, the Summons must indicate "Eastern District of New York" at the top. Additionally, the caption of the summons is unreadable. Counsel may use et al. and attach a rider. Counsel is advised to submit corrected proposed summonses using the event Proposed Summons/Civil Cover Sheet. (Cubano, Jazmin) |
| Filing 4 Proposed Summons. Re Incorrect Case/Document/Entry Information., by Dorine Fernandez (Stewart, Charmaine) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Dorine Fernandez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Certificate of Merit) (Rodin, Deanna) |
| Incorrect Document Entry Information. A defendant was missing from the case; defendant was added; document entry #1 was deleted and re-entered against all defendants. (Rodin, Deanna) |
| FILING FEE: $400, receipt number 0207-10770119 (Rodin, Deanna) |
| Proposed summons is rejected; the caption on the summons does not match the caption of the complaint; the Clerk's Office cannot issue the summons with an incorrect caption; Counsel is advised to submit completed proposed summons in PDF fillable format using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna) |
| Case Assigned to Judge Denis R. Hurley and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) |
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