Thompson v. Ditmas Park Rehabilitation & Care Center, LLC et al
| Michael Thompson |
| Ditmas Park Rehabilitation & Care Center, LLC doing business as Ditmas Park Care Center, ABC Corporation and ABC Partnership |
| 1:2022cv04555 |
| August 3, 2022 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Ann M Donnelly |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1441 Petition for Removal- Medical Malpractice |
| Defendant |
Docket Report
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This docket was last retrieved on September 27, 2022. A more recent docket listing may be available from PACER.
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| Filing 6 NOTICE of Appearance by Megan A. Lawless on behalf of Ditmas Park Rehabilitation & Care Center, LLC (aty to be noticed) (Lawless, Megan) |
| Filing 5 RESPONSE in Opposition re #4 Letter MOTION for Extension of Time to File Answer Letter MOTION to Stay Letter MOTION for Leave to File Document Motion to Dismiss filed by All Plaintiffs. (Attachments: #1 Exhibit A - Dupervil Decision, #2 Exhibit B - Leroy Decision, #3 Exhibit C - Rivera-Zayas Decision, #4 Exhibit D - Shapnik Decision, #5 Exhibit E - Judge Seibel Order, #6 Exhibit F - Judge Chen Order, #7 Exhibit G - Judge Ross Order, #8 Exhibit H - Judge Garaufis Order) (Ciaccio, Joseph) |
ORDER: Defendants' motion to stay #4 is granted. On review of the parties' submissions #4 #5 , the Court imposes a brief stay and will hold motion practice in abeyance pending the Second Circuit's resolution of two cases that are likely to be instructive in this action. See Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, et al. (No. 21-2164); Leroy v. Hume (Nos. 21-2158, 2159). The parties must file a joint status report within one week of the Second Circuit's decisions in these appeals, or by October 31, 2022, whichever date is earlier. The Defendants' motions for an extension of time to answer the Complaint and for leave to file a motion to dismiss are denied without prejudice to renewal after the Second Circuit's decisions in the appeals. In addition, the deadline for the plaintiff to file a motion to remand is being held in abeyance. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/11/2022. (Dikkers, Maxwell)
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| Filing 4 Letter MOTION for Extension of Time to File Answer , Letter MOTION to Stay , Letter MOTION for Leave to File Document Motion to Dismiss by Ditmas Park Rehabilitation & Care Center, LLC. (Attachments: #1 Exhibit Stay Orders) (Varisco, Nicole) |
| 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 Ditmas Park Rehabilitation & Care Center, LLC d/b/a Ditmas Park Care Center from Supreme Court, Kings County, case number 510991/2022. ( Filing fee $ 402 receipt number ANYEDC-15808464) (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Amended S&C, #3 Exhibit Affiavit of Service, #4 Exhibit Martinez-Rivera-Brief for Defendants-Appellants, #5 Exhibit Leroy-Brief obo Brookdale Hospital Defendants, #6 Exhibit Leroy - Brief obo Mt. Sinai Hospital Defendants, #7 Exhibit Leroy - 2nd Circuit Brief - Plaintiff's Brief in Leroy v. Hume, #8 Exhibit Martinez Brief obo Plaintif Appellee, #9 Exhibit Leroy Reply Brief obo Defendants, #10 Exhibit Leroy Rply Brief obo Co-defendant, #11 Exhibit Rivera-Zayas- Reply Brief, #12 Exhibit Amicus Briefs pending before Second Circuit, #13 Exhibit Chambere of Commerce AMA Amicus Brief, #14 Exhibit Motion to File Amicus Curiae Brief & Proposed Amicus Brief, #15 Exhibit US Statement of Interest, #16 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. (Bowens, Priscilla) |
| Case Assigned to Judge Ann M Donnelly and Magistrate Judge Sanket J. Bulsara. 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) |
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