K.W. et al v. Byer, M.D. et al
| Trevor Woode, T.W., K.W. and Natacha Toussaint |
| Aris Kalnins, M.D., Noe Saravia Torres, M.D., Sam Shahem, M.D., United States of America, Errol Byer, M.D., Jr., Marine Park Pediatrics, P.C., NYU Langone Health System, The Brooklyn Hospital Center, Ruggiero-Decarlo & Shahem Physicians, P.C., Stacey A. Cacciola, D.O. and NYU Lutheran Medical Center |
| 1:2019cv03074 |
| May 23, 2019 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Ramon E Reyes |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury |
| None |
Docket Report
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| Filing 9 AMENDED JUDGMENT, that Pursuant to Federal Rule of Civil Procedure41(a)(l)(A)(ii), the above-captioned action shall be and hereby is dismissed with prejudice as against Sam Shahem, M.D., and such dismissal is without costs, expenses, fees or disbursement to any party as against the others; that pursuant to Federal Rule of Civil Procedure 41 (a)(l)(A)(ii), the above-captioned action shall be and hereby is dismissed without prejudice as against the United States Of America, and such dismissal is without costs, expenses, fees or disbursement to any party as against the others; and that all remaining claims in this action by plaintiff against defendants Erroll Byer Jr, M.D., The Brooklyn Hospital Center, Ruggiero-Decarlo & Shahem Physicians, P.C., NYU Lutheran Medical Center, Aris Kalnins, M.D., Stacey A. Cacciola, D.O., Marine Park Pediatrics, P.C., Noe Saravia Torres, M.D. And NYU Langone Health System are hereby remanded to the New York State Supreme Court, Kings County. (Signed by Jalitza Poveda, Deputy Clerk on 6/27/2019) c/m (Galeano, Sonia) |
Filing 8
MODIFIED STIPULATION AND ORDER OF PARTIAL DISMISSAL, MODIFICATION OF CAPTION AND ORDER OF REMAND TO STATE COURT: New York State Supreme Court, Kings County, case number 512376/2018. The foregoing recitals are hereby incorporated by reference and adopted by the parties as if fully set forth herein. The United States of America has been substituted as the party-defendant in place of defendant SAM SHAHEM, M.D., 3. Pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(ii), the above-captioned action shall be and hereby is dismissed with prejudice as against SAM SHAHEM, M.D., and such dismissal is without costs, expenses, fees or disbursement to any party as against the others. Pursuant to Federal Rule of Civil Procedure 41(a)(l)(A){ii), the above-captioned action shall be and hereby is dismissed without prejudice as against the UNITED STATES OF AMERICA, and such dismissal is without costs, expenses, fees or disbursement to any party as against the others. The caption in this action shall be changed as described herein. Nothing in this Stipulation and Order shall in any way affect, abrogate,impair, or otherwise resolve plaintiffs' claims in this action against defendants ERROLL BYER JR, M.D., THE BROOKLYN HOSPITAL CENTER, RUGGIERO-DECARLO & SHAHEM PHYSICIANS, P.C., NYU LUTHERAN MEDICAL CENTER, ARIS KALNINS, M.D., STAGEY A. CACCIOLA, D.O., MARINE PARK PEDIATRICS, P.C., NOE SARAVIA TORRES, M.D. and NYU LANGONE HEALTH SYSTEM. All remaining claims in this action by plaintiff against defendants ERROLL BYER JR, M.D., THE BROOKLYN HOSPITAL CENTER, RUGGIERO-DECARLO & SHAHEM PHYSICIANS, P.C., NYU LUTHERAN MEDICAL CENTER, ARIS KALNINS, M.D., STAGEY A. CACCIOLA, D.O., MARINE PARK PEDIATRICS, P.C., NOE SARAVIA TORRES, M.D. and NYU LANGONE HEALTH SYSTEM are hereby remanded to the New York State Supreme Court, Kings County. The Clerk of the Court shall enter judgment in this case dismissing the action against defendant SAM SHAHEM, M.D., with prejudice, and against the United States of America, without prejudice, and shall remand the remaining claims to the New York State Supreme Court, Kings County. (Ordered by Judge Kiyo A. Matsumoto on 6/21/2019) c/m Fwd. for Judgment. (Galeano, Sonia)
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ORDER: The parties write indicating that they overlooked an error in their jointly submitted stipulation of dismissal and remand resulting in this court's ordering remand to the incorrect New York State court. Accordingly, the court VACATES its previous order of dismissal and remand and respectfully directs the Clerk of Court to AMEND the court's judgment to remand to Kings County Supreme Court consistent with the revised stipulation of dismissal that the court shall "so order" shortly. Ordered by Judge Kiyo A. Matsumoto on 6/21/2019. (Mazzurco, Vincent)
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| Filing 7 Letter Seeking Modification of Stipulated Order of Dismissal to Effectuate Remand to NYS Supreme Court, Kings County by United States of America (Attachments: #1 Modified Stipulation and Order of Partial Dismissal, Modification of Caption and Remand) (Matthews, Gail) |
| Filing 6 JUDGMENT, that Pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(ii), the above-captioned action shall be and hereby is dismissed with prejudice asagainst Sam Shahem, M.D., and such dismissal is without costs, expenses, fees or disbursement to any party as against the others; that pursuant to Federal Rule of Civil Procedure 41 (a)(l)(A)(ii), the above-captioned action shall be and hereby is dismissed without prejudice as against the United States Of America, and such dismissal is without costs, expenses, fees or disbursement to any party as against the others; and that all remaining claims in this action byplaintiff against defendants Erroll Byer Jr, M.D., The Brooklyn Hospital Center, Ruggiero-Decarlo & Shahem Physicians, P.C., NYU Lutheran Medical Center, Aris Kalnins, M.D., Stacey A. Cacciola, D.O., Marine Park Pediatrics, P.C., Noe Saravia Torres, M.D. And NYU Langone Health System are hereby remanded to the New York State Supreme Court, Queens County. (Signed by Jalitza Poveda, Deputy Clerk on 6/12/2019) c/m (Galeano, Sonia) |
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Filing 5
STIPULATION AND ORDER OF PARTIAL DISMISSAL, MODIFICATION OF CAPTION AND REMAND,Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the above captioned action shall be and hereby is dismissed with prejudice as against SAM SHAHEM, M.D., and such dismissal is without costs, expenses, fees or disbursement to any party as against the others. Pursuant to Federal Rule of Civil Procedure 41(a)(1) (A)(ii), the above captioned action shall be and hereby is dismissed without prejudice as against the UNITED STATES OF AMERICA, and such dismissal is without costs, expenses, fees or disbursement to any party as against the others. The caption in this action shall be changed to the following (See order.) All remaining claims in this action by plaintiff against defendants ERROLL BYER JR, M.D., THE BROOKLYN HOSPITAL CENTER, RUGGIERO-DECARLO & SHAHEM PHYSICIANS, P.C., NYU LUTHERAN MEDICAL CENTER, ARIS KALNINS, M.D., STACEY A. CACCIOLA, D.0., MARINE PARK PEDIATRICS, P.C., NOE SARAVIA TORRES, M.D. and NYU LANGONE HEALTH SYSTEM are hereby remanded to the New York State Supreme Court, Queens County. The Clerk of the Court shall enter judgment in this case dismissing the action against defendant SAM SHAHEM, M.D., with prejudice, and against the United States of America, without prejudice, and shall remand the remaining claims to the New York State Supreme Court, Queens County. (certified copy of remand order mailed) (Lee, Tiffeny) Modified descriptive text on 6/11/2019 (Lee, Tiffeny).
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| Filing 4 NOTICE of Appearance by Frances L. Garfinkel on behalf of K.W., T.W., Natacha Toussaint, Trevor Woode (aty to be noticed) (Garfinkel, Frances) |
| Filing 3 STIPULATION of Dismissal (Partial), Modification of Caption and Remand to NYS Supreme Court by United States of America (Matthews, Gail). |
| Filing 2 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. (Williams, Erica) |
| Filing 1 NOTICE OF REMOVAL by K.W., T.W., Natacha Toussaint, Trevor Woode from Supreme Court of the State of New York, County of Kings, case number 512376/2018. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) |
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