McCarthy v. Hamilton Park Multicare LLC
| Maria McCarthy |
| Hamilton Park Multicare LLC doing business as Hamilton Park Nursing and Rehabilitation Center |
| 1:2022cv04388 |
| July 26, 2022 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Taryn A Merkl |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1331 Fed. Question: Medical Malpractice |
| Defendant |
Docket Report
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This docket was last retrieved on August 29, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 NOTICE of Appearance by Dylan C. Braverman on behalf of Hamilton Park Multicare LLC (aty to be noticed) (Braverman, Dylan) |
| Filing 5 NOTICE of Appearance by Megan A. Lawless on behalf of Hamilton Park Multicare LLC (aty to be noticed) (Lawless, Megan) |
| Filing 4 NOTICE OF APPEAL by Hamilton Park Multicare LLC. Filing fee $ 505, receipt number ANYEDC-15873696. (Lawless, Megan) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #4 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean) |
ORDER: On July 26, 2022, Defendant Hamilton Park Multicare LLC d/b/a Hamilton Park Nursing and Rehabilitation Center filed the #1 Notice of Removal based on federal question jurisdiction, invoking the federal officer removal statute, 28 U.S.C. 1442(a)(1), and the Public Readiness and Emergency Preparedness Act, 42 U.S.C. 247d-6d, 247d-6e. However, the jurisdictional arguments raised by Defendant have been rejected in several similar cases. See, e.g., Dupervil v. Alliance Health Operations, LCC, 516 F. Supp. 3d 238 (PKC) (E.D.N.Y. 2021); Leroy v. Hume, 554 F. Supp. 3d 470 (ARR) (E.D.N.Y. 2021); Rivera-Zayas v. Our Lady of Consolidation, No. 20-CV-5153 (NGG), 2021 WL 3549878 (E.D.N.Y. Aug. 11, 2021). After conducting a hearing, this Court recently remanded three other cases removed by the same law firm as defense counsel here, based on an identical theory of jurisdiction. See Becker v. Carmel Richmond Nursing Home, Inc. et al, 22-CV-2310; Piccione v. Eger Health Care and Rehabilitation Center, No. 22-CV-2915; McGlashan v. Rutland Nursing Home, Inc., Case No. 22-cv-3326. As defense counsel is well aware, the Court has already determined that it lacks subject matter jurisdiction over cases like this one for the same reasons explained in Dupervil v. Alliance Health Operations, LCC, 516 F. Supp. 3d 238 (E.D.N.Y. 2021). Defendant requests in its #1 Notice of Removal that this Court wait for the Second Circuit to rule on appeals in Rivera-Zayas and Leroy before deciding the issue of federal question jurisdiction. However, for the reasons articulated at the joint hearing on July 16, 2022 in Becker, Piccione, and McGlashan, Defendant cannot meet the four-factor framework of Nken v. Holder, 556 U.S. 418 (2009) to show that a stay of remand is warranted. This case is sua sponte remanded back to Supreme Court of the State of New York, County of Kings, Index No. 510557/2022. Ordered by Judge Pamela K. Chen on 7/28/2022. (Mahkamova, Shirin)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) . |
| 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. (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by Hamilton Park Multicare LLC d/b/a Hamilton Park Nursing and Rehabilitation Center from Supreme Court, case number 510557/2022. ( Filing fee $ 402 receipt number ANYEDC-15784306) (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Affidavits of Service, #3 Exhibit Martinez-Rivera - Brief for Defendants-Appellants, #4 Exhibit Leroy- Brief obo Brookdale Hospital Defendants, #5 Exhibit Leroy Brief obo Mt. Sinai Hospital defendants, #6 Exhibit Leroy - 2nd Circuit - Plaintiff's brief in Leroy v. Hume, #7 Exhibit Martinez Brief obo Pltf-Appellee, #8 Exhibit Leroy - Reply Brief obo Defendants, #9 Exhibit Leroy Reply Brief obo Co-def, #10 Exhibit Rivera-Zayas - Reply Brief, #11 Exhibit Amicus Briefs pending before the Second Circuit, #12 Exhibit Chamber of Commerce AMA Amicus Brief, #13 Exhibit Motion to File Amicus Curiae Brief & Proposed Amicus Brief, #14 Exhibit US Statementof Interest, #15 Civil Cover Sheet Civil Cover Sheet) (Varisco, Nicole) |
| 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. (Davis, Kimberly) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Taryn A. Merkl. 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. (Davis, Kimberly) |
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