Oriska Corporation v. New Surfside Nursing Home, LLC-Caring Family Nursing & Rehab et al
| Oriska Corporation |
| Mr. Benjamin Landa, Roberta Reardon, Robert Bleier, Grandview Brokerage, Inc., John Doe, Ira Lipsius, Broad Coverage Services, Inc., Israel Ziegelman, Cullen & Dykman LLP, Wolf Eisenbach, Rashbi Management, Inc., National Financial Service, Financial Service, Raphael A. Weitzner, Michael Schweimmer, Martha Lees, Whiteman Osterman & Hanna, LLP, State University of New York, Sam Schlesinger, Howard A. Zucker, M.D., Stella M. Vilardi, Linda A. Lacewell, The Schlesinger Family Trust, Allstate ASO, Inc., Isaac Muller, Alexi Arias, Carolyn Robinson, Karen Grant Williams, Dr. Merryl H. Tisch, Berkshire Group, Inc., Michael Camilleri, The Philipson Family Trust, Martin Schwartzman, Lipsius-Benhaim Law, LLP, Oriska Insurance Company, Allstate Administrators, Inc., New Surfside Nursing Home, LLC-Caring Family Nursing & Rehab, The Pitterman Family Trust, Spencer Street Realty, Scott Dietrich, Andrew Cuomo, Annette Hall, SentosaCare, LLC, Peter Fountas and Donna Hodge |
| 1:2021cv02035 |
| April 15, 2021 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Sanket J Bulsara |
| Nicholas G Garaufis |
| Ramon E Reyes |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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| Filing 11 CLERK'S JUDGMENT that the removed actions are remanded to New York Supreme Court, Oneida County; the federal actions are dismissed with prejudice; requests for attorneys fees and costs by the Defendants in the removed actions are granted, and Judgment is entered in favor of Defendants. Signed Douglas C. Palmer, Clerk of Court by Brenna B. Mahoney, Chief Deputy Clerk on May 28, 2021. (Lee, Tiffeny) |
Filing 10
MEMORANDUM & ORDER, For the reasons stated below, each of the Removed Actions is REMANDED to New York Supreme Court, Oneida County and each of the Federal Actions is DISMISSED with prejudice. Requests made by counsel in the Removed Actions for attorneys fees and costs are GRANTED. Attorney James M. Kernan, counsel for the Class Representatives, is ORDERED to show cause within two weeks of the date of this Order, in writing, as to why he should not be referred to the Disciplinary Committee for this District in connection with his conduct in these lawsuits. So Ordered by Judge Nicholas G. Garaufis on 5/27/2021. (Certified copy of Order mailed to New York Supreme Court, Oneida County, County Clerk, 200 Elizabeth St #4, Utica, NY 13501, Docket No. EFCA 2020-1276) (Lee, Tiffeny)
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ORDER REASSIGNING CASE. Case reassigned to Judge Nicholas G. Garaufis and Magistrate Judge Sanket J. Bulsara for all further proceedings. Judge Frederic Block, Magistrate Judge Ramon E. Reyes, Jr no longer assigned to case 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. Ordered by Chief Judge Margo K. Brodie on 5/19/2021. (Bowens, Priscilla)
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| Filing 9 Letter to Judge Block (Pre-Motion) by New Surfside Nursing Home, LLC-Caring Family Nursing & Rehab (Attachments: #1 Exhibit Exhibit A (Stay Order), #2 Exhibit Exhibit B (Coordination Order), #3 Exhibit Exhibit C (Assignment Order)) (Buckey, Christopher) |
| Filing 8 Summons Issued as to All Defendants. (Galeano, Sonia) |
| Filing 6 Proposed Summons. by Oriska Corporation (Policelli, Frank) |
| Filing 5 MOTION to Consolidate Cases by Alexi Arias, Karen Grant Williams, Annette Hall, Donna Hodge. (Attachments: #1 Declaration, #2 Memorandum, #3 #1 Attachment to Memorandum-JPML Motion, #4 #2 Attachment to Memorandum-Schedule of Actions, #5 #3 Attachment to Memorandum-Brief to Panel, #6 #4- Judge Libert Order) (Kernan, James) |
| Motions terminated, docketed incorrectly: #5 MOTION to Consolidate Cases. IT APPEARS THIS MOTION IS PENDING BEFORE THE MDLP. THE MDLP WILL RENDER A DETERMINATION WHETHER THEY WILL ACCEPT THE CASES. IF THE MDLP ACCEPTS THE CASES THEY WILL ASSIGN IT TO A JUDGE AND AN MDL DOCKET NUMBER. (Innelli, Michael) |
| Filing 4 Proposed Summons. Re #1 Notice of Removal, by Alexi Arias, Karen Grant Williams, Annette Hall, Donna Hodge (Kernan, James) |
| Filing 7 COMPLAINT (w/ Jury Trial Demanded - See Page #86) against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Oriska Corporation. (Galeano, Sonia) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 1 NOTICE OF REMOVAL by Alexi Arias, Karen Grant Williams, Annette Hall, Donna Hodge from Queens County Supreme Court, case number EFCA2019-718651. ( Filing fee $ 402 receipt number ANYEDC-14376805) (Attachments: #1 Complaint, #2 Civil Cover Sheet) (Kernan, James) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Ramon E. Reyes, Jr. 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. (Bowens, Priscilla) |
| Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Bowens, Priscilla) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
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