Taylor v. Harlem Center for Nursing and Rehabilitation, LLC
| Fred Taylor |
| Harlem Center for Nursing and Rehabilitation, LLC |
| 1:2022cv03142 |
| May 27, 2022 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Robert M Levy |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1441 Petition for Removal- Medical Malpractice |
| Defendant |
Docket Report
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| Document Text |
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| Filing 9 Letter Plaintiffs Motion to Remand Cover Letter by Fred Taylor (Kanter, Brett) |
ORDER: The briefing schedule on plaintiffs motion to remand is amended as follows. Plaintiff may serve a motion to dismiss on defendant on or before 7/15/2022 (but the motion shall not be filed on the docket at that time). See Judge Kovner's Individual Rules IV.B. Defendant shall serve a response on plaintiff by 8/5/2022 (but the response shall not be filed on the docket at that time). Defendant may serve a reply on plaintiff, if any, by 8/12/2022. The parties shall file all the documents associated with the fully-briefed motion with the Court by 8/12/2022. Ordered by Judge Rachel P. Kovner on 7/5/2022. (Andrews, Stephen)
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| Filing 8 Letter to Judge Kovner re incorrect briefing dates by Harlem Center for Nursing and Rehabilitation, LLC (Attachments: #1 Exhibit Ex.A - Minute Entry) (Braverman, Dylan) |
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MINUTE ENTRY AND ORDER: The Court held a telephonic pre-motion conference on June 30, 2022. Brett Kanter appeared for plaintiff. Dylan C. Braverman appeared for defendant. The parties clarified that defendant intends to file a motion to dismiss, and plaintiff intends to file a motion to remand. The parties also discussed whether a stay of both motions was appropriate in light of the Second Circuits pending cases Leroy v. Hume, Nos. 21-2158, 21-2159 and Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, No. 21-2164. The Court ordered the parties to brief plaintiffs motion to remand. Per the Court's bundling rule, plaintiff may serve a motion to dismiss on defendant on or before 7/15/2022 (but the motion shall not be filed on the docket at that time). See Judge Kovner's Individual Rules IV.B. Defendant shall serve a response on plaintiff by 7/29/2022 (but the response shall not be filed on the docket at that time). Defendant may serve a reply on plaintiff, if any, by 8/5/2022. The parties shall file all the documents associated with the fully-briefed motion with the Court by 8/5/2022. Ordered by Judge Rachel P. Kovner on 6/30/2022. (Andrews, Stephen) (Court Report Anthony Frisolone)
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ORDER: The request for a pre-motion conference at #6 is granted. A pre-motion conference will be held before Judge Rachel P. Kovner on 6/30/2022 at 9:15 AM. The parties are directed to call (888) 278-0296 and enter the access code 2012636 to join the conference. Ordered by Judge Rachel P. Kovner on 6/17/2022 (Andrews, Stephen)
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| Filing 7 RESPONSE to Motion re #6 First MOTION for pre motion conference Pre-Motion Conference Letter to Judge Kovner re: Response to Defendants Pre-Motion Request filed by Fred Taylor. (Attachments: #1 Orders) (Kanter, Brett) |
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ORDER: Plaintiff's are directed to reply to the motion for a pre-motion conference #6 by 6/17/2022. Ordered by Judge Rachel P. Kovner on 6/8/2022 (Andrews, Stephen)
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| Filing 6 First MOTION for pre motion conference Pre-Motion Conference by Harlem Center for Nursing and Rehabilitation, LLC. (Attachments: #1 Exhibit Stay Decisions) (Lawless, Megan) |
| Filing 5 NOTICE of Appearance by Megan A. Lawless on behalf of Harlem Center for Nursing and Rehabilitation, LLC (aty to be noticed) (Lawless, Megan) |
| Filing 4 NOTICE of Appearance by Brett Kanter on behalf of Fred Taylor (aty to be noticed) (Kanter, Brett) |
| 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) (Main Document 3 replaced on 5/27/2022) (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 Harlem Center for Nursing and Rehabilitation, LLC from Supreme Court Kings County, case number 513425/2022. ( Filing fee $ 402 receipt number ANYEDC-15607314) (Attachments: #1 Exhibit Ex.A - S&C.pdf, #2 Exhibit Ex.B - AOS of S&C.pdf, #3 Exhibit Ex.C - Martinez - Rivera - Brief for Defendants-Appellants...pdf, #4 Exhibit Ex.D - Leroy - Brief obo Brookdale Hospital Defendants.pdf, #5 Exhibit Ex.E- Leroy - Brief obo Mt. Sinai Hospital Defendants.pdf, #6 Exhibit Ex.F - Leroy - 2nd Circuit - Plaintiff's Brief in Leroy v. Hume.pdf, #7 Exhibit Ex.G - Martinez Brief obo Pltf-Appellee.pdf, #8 Exhibit Ex.H - Leroy - Reply Brief obo Defendants..pdf, #9 Exhibit Ex.I - Leroy Reply Brief obo Co-Def.pdf, #10 Exhibit Ex.J - Rivera-Zayas - Reply Brief.pdf, #11 Exhibit Ex.K - Amicus Briefs pending before the Second Circuit.pdf, #12 Exhibit Ex.L- Chamber of Commerce AMA Amicus Brief.pdf, #13 Exhibit Ex.M - Motion to File Amicus Curiae Brief & Proposed Amicus Brief.pdf, #14 Exhibit Ex.N - US Statement of Interest (M.D. Tenn) Centeno., #15 Civil Cover Sheet) (Braverman, Dylan) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Robert M. Levy. 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) |
| 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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| Plaintiff: Fred Taylor | |
| Represented By: | Jeffrey Alan Guzman |
| Represented By: | Brett Kanter |
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| Defendant: Harlem Center for Nursing and Rehabilitation, LLC | |
| Represented By: | Dylan C. Braverman |
| Represented By: | Megan A. Lawless |
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