Oriska Corporation v. Golden Gate Rehabilitation and Health Care Center LLC et al
| Oriska Corporation |
| Mr. Benjamin Landa, Dr. Merry H. Tisch, Roberta Reardon, Grandview Brokerage, Inc., Scott Dietrich of the Research Foundation of the State University of New York, John Doe, Ira Lipsius, Broad Coverage Services, Inc., Cullen & Dykman LLP, Wolf Eisenbach, Leopold Hirsch, National Financial Service, Yechiel Landau, Financial Service, Raphael A. Weitzner, Whiteman Osterman & Hanna, LLP, Michael Schweimmer, Alexi Arias, Martha Lees, Philip Buchsbaum, State University of New York, Peter Fountas of the Research Foundation of the State University of New York, Jack Janclowicz, Sam Schlesinger, Isaac Muller, Anthony J Bacchi, Stella M. Vilardi, Linda A. Lacewell, The Schlesinger Family Trust, David Fried, Mayer Rispler, Solomon Eidlisz, Miriam Karpf, Carolyn Robinson, Alan Kessler, Deborah Philipson, Robert Wolf, Berkshire Group, Inc., Leonard Janclowicz, The Philipson Family Trust, Martin Schwartzman, Lipsius-Benhaim Law, LLP, Oriska Insurance Company, Allstate Administrators, Inc., The Pitterman Family Trust, Spencer Street Realty, Golden Gate Rehabilitation and Health Care Center LLC, Karen Grant Williams, Benjamin Farbenblum, Andrew Cuomo, Annette Hall, Allstate ASO, Inc., Ruth Hirsch, SentosaCare, LLC, Donna Hodge, Rashbi Management, Inc., Martin Farbenblum, Israel Zeigelman, Howard A. Zucker, M.D., Dr. Merryl H. Tisch and Michael Camilleri |
| 1:2021cv02045 |
| April 15, 2021 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Nicholas G Garaufis |
| Vera M Scanlon |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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| Document Text |
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| Filing 14 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 13
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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| Filing 12 Summons Issued as to Solomon Eidlisz, Sam Schlesinger. (Piper, Francine) |
| Filing 11 Proposed Summons. Re #10 Proposed Summons/Civil Cover Sheet by Oriska Corporation (Policelli, Frank) |
| Filing 10 Proposed Summons. by Oriska Corporation (Policelli, Frank) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Nicholas G. Garaufis for all further proceedings. Chief Judge Margo K. Brodie 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 5/25/2021. (Bowens, Priscilla)
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| Filing 9 Summons Issued as to Allstate ASO, Inc., Allstate Administrators, Inc., Alexi Arias, Anthony J Bacchi, Berkshire Group, Inc., Broad Coverage Services, Inc., Philip Buchsbaum, Michael Camilleri, Cullen & Dykman LLP, Andrew Cuomo, Benjamin Farbenblum, Martin Farbenblum, Financial Service, David Fried, Golden Gate Rehabilitation and Health Care Center LLC, Grandview Brokerage, Inc., Karen Grant Williams, Annette Hall, Leopold Hirsch, Ruth Hirsch, Donna Hodge, Jack Janclowicz, Leonard Janclowicz, Miriam Karpf, Alan Kessler, Linda A. Lacewell, Benjamin Landa, Yechiel Landau, Martha Lees, Ira Lipsius, Lipsius-Benhaim Law, LLP, Isaac Muller, National Financial Service, Oriska Insurance Company, Peter Fountas of the Research Foundation of the State University of New York, Deborah Philipson, Rashbi Management, Inc., Roberta Reardon, Mayer Rispler, Carolyn Robinson, Martin Schwartzman, Michael Schweimmer, Scott Dietrich of the Research Foundation of the State University of New York, Spencer Street Realty, State University of New York, The Philipson Family Trust, The Pitterman Family Trust, The Schlesinger Family Trust, Merryl H. Tisch, Stella M. Vilardi, Raphael A. Weitzner, Whiteman Osterman & Hanna, LLP, Robert Wolf, Israel Zeigelman, Howard A. Zucker, MD. (Piper, Francine) |
| Your proposed summons #4 was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Piper, Francine) |
| Filing 8 Proposed Summons. by Oriska Corporation (Policelli, Frank) |
| Your proposed summons #6 was not issued for one of the following reasons: The names on the summons does not match the name as it appears on the complaint., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Piper, Francine) |
| Filing 7 Notice of MOTION to Remand to State Court by Golden Gate Rehabilitation and Health Care Center LLC. (Attachments: #1 Memorandum in Support (MOL in Support), #2 Declaration Affirmation of C. Buckey in Support of Motion to Remand, #3 Exhibit Exhibit A - 2017 Decision (Avalon), #4 Exhibit Exhibit B - 2018 Decision (Baypark), #5 Exhibit Exhibit C - HHC Order, #6 Exhibit Exhibit D - Decision of LCP, #7 Exhibit Exhibit E - Golden Gate State Court Docket, #8 Exhibit Exhibit F - Buckey Ltr to Trial Court, #9 Exhibit Exhibit G - Trial Court Notice of Entry, #10 Exhibit Exhibit H - LCP MOL from Landa Defendants, #11 Exhibit Exhibit I - LCP MOL from Philipson Defendants, #12 Exhibit Exhibit J - Kernan Submission to LCP, #13 Exhibit Exhibit K - Kernan Notice of Appearance, #14 Exhibit Exhibit L - LCP Stay Order, #15 Exhibit Exhibit M - Original Complaint in Golden Gate, #16 Exhibit Exhibit N - Notice of Removal) (Buckey, Christopher) |
| 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) |
| Filing 4 Proposed Summons. Re #1 Notice of Removal, by Alexi Arias, Karen Grant Williams, Annette Hall, Donna Hodge (Kernan, James) |
| COMPLAINT (NOTICE OF REMOVAL) 1-1 against All Defendants, filed by Oriska Corporation. (Piper, Francine) |
| 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 Richmond County Supreme Court, case number 33061-2019E. ( Filing fee $ 402 receipt number ANYEDC-14377689) (Attachments: #1 Complaint, #2 Civil Cover Sheet) (Kernan, James) |
| Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Vera M. Scanlon. 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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