Epstein v. Atria Senior Living, Inc. et al
| Blanche Epstein |
| Atria Senior Living, Inc. and Nancy Wedlock |
| 2:2018cv04560 |
| August 13, 2018 |
| US District Court for the Eastern District of New York |
| Joseph F Bianco |
| A Kathleen Tomlinson |
| P.I.: Other |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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This docket was last retrieved on October 11, 2018. A more recent docket listing may be available from PACER.
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ORDER granting #10 Motion to Stay. By letter dated October 10, 2018, counsel for defendant writes to (i) advise the Court that the parties have reached a settlement, and (ii) request a sixty (60) day stay of this matter, including the briefing on plaintiff's motion for remand and for permissive joinder. IT IS HEREBY ORDERED that the request is granted. The parties shall submit a status report to the Court by December 10, 2018, if no stipulation of dismissal has bene submitted by that date. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/11/2018. (Kuhn, Alyssa)
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| Filing 10 Letter MOTION to Stay of 60 days by Atria Senior Living, Inc.. (Howell, Kelly) |
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ORDER granting #9 Motion for Extension of Time to File Response/Reply. By letter dated September 28, 2018, counsel for defendant writes to request a fourteen-day extension of all existing deadlines to permit the parties to finalize a settlement agreement. IT IS HEREBY ORDERED that, on consent, the request is granted. The parties shall adhere to the following revised deadlines: defendant's opposition to plaintiff's motion to remand and for permissive joinder shall be filed by October 9, 2018; plaintiff's reply shall be filed by October 19, 2018; and oral argument is rescheduled for Tuesday, October 30, 2018, at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/2/2018. (Kuhn, Alyssa)
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SCHEDULING ORDER: The Initial Conference is adjourned to November 21, 2018 at 10:30 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/1/2018. (McCuiston, Hannah)
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| Filing 9 Letter MOTION for Extension of Time to File Response/Reply as to #7 First MOTION to Remand to State Court by Atria Senior Living, Inc.. (Howell, Kelly) |
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SCHEDULING ORDER: The Court has received plaintiff's motion to remand and for permissive joinder. IT IS HEREBY ORDERED that defendant shall respond by September 28, 2018, and that plaintiff shall reply by October 5, 2018. IT IS FURTHER ORDERED that the parties shall appear in-person on Tuesday, October 16, 2018, at 1:00 p.m., in Courtroom 1040, 100 Federal Plaza, Central Islip, New York 11722 for oral argument on plaintiff's motion. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/14/2018. (Kuhn, Alyssa)
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| Filing 8 MEMORANDUM in Support re #7 First MOTION to Remand to State Court filed by Blanche Epstein. (Epstein, Scott) |
| Filing 7 First MOTION to Remand to State Court by Blanche Epstein. (Attachments: #1 Affidavit in Support, #2 Exhibit "A", #3 Exhibit B", #4 Exhibit "C", #5 Exhibit "D", #6 Exhibit "E", #7 Exhibit "F", #8 Exhibit "G", #9 Exhibit "H", #10 Exhibit "I", #11 Exhibit "J") (Epstein, Scott) |
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Filing 6
INITIAL CONFERENCE SCHEDULING ORDER: Initial Conference set for October 24, 2018 at 11:30 a.m. before Magistrate Judge A. Kathleen Tomlinson in Courtroom 910 at 100 Federal Plaza, Central Islip, New York. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/6/2018. (McCuiston, Hannah)
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| Filing 5 ANSWER to Complaint (Notice of Removal) by Atria Senior Living, Inc.. (Howell, Kelly) |
| Filing 4 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) |
| Case Assigned to Judge Joseph F. Bianco and Magistrate Judge A. Kathleen Tomlinson. 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) |
| Filing 3 Civil Cover Sheet.. Re #1 Notice of Removal,, by Atria Senior Living, Inc. (Howell, Kelly) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 8/14/2018: #1 Additional Corrections) (Rodin, Deanna). |
| NOTICE - The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. (Bowens, Priscilla) |
| Filing 1 NOTICE OF REMOVAL by Atria Senior Living, Inc. from Supreme Court, Nassau County, case number 606497/2018. (Filing fee $400 receipt number 0207-10653406) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Declaration of Kelly Jones Howell dated 8/13/18, #3 Exhibit B - State Court Complaint, #4 Exhibit C - Stipulation of Discontinuance, #5 Exhibit D - Notice of Filing) (Howell, Kelly) Modified on 8/14/2018 (Rodin, Deanna). |
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