The Estate of Lenora Kasper, by her Proposed Administrator, Joe Kasper v. Eger Health Care & Rehabilitation Center et al
| The Estate of Lenora Kasper |
| Eger Health Care & Rehabilitation Center, ABC Corporation and ABC Partnership |
| 1:2022cv07187 |
| November 28, 2022 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Marcia M Henry |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on December 22, 2022. A more recent docket listing may be available from PACER.
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ORDER granting #5 -- Having considered the #5 , #7 , #8 parties' submissions, the Court concludes that a stay is appropriate. Motion practice is held in abeyance pending the Second Circuit's resolution of Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, et al. (No. 21-2164) and Leroy v. Hume (Nos. 21-2158, 2159), as the decisions in those cases are likely to be instructive in this action. The parties are directed to file a joint status letter within one week of the Second Circuit's decision on either of the aforementioned appeals, or by February 1, 2023, whichever date is earlier. Further, the deadline for Plaintiff to file a motion to remand is held in abeyance. Ordered by Judge Diane Gujarati on 12/22/2022. (SS)
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| Filing 8 REPLY in Support re #5 First MOTION for pre motion conference and to Hold Motion Practice in Abeyance filed by Eger Health Care & Rehabilitation Center. (Lawless, Megan) |
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ORDER re: #7 -- Defendant Eger Health Care & Rehabilitation Center shall respond to Plaintiff's #7 RESPONSE in Opposition by December 21, 2022. Ordered by Judge Diane Gujarati on 12/19/2022. (SS)
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| Filing 7 RESPONSE in Opposition re #5 First MOTION for pre motion conference and to Hold Motion Practice in Abeyance and Request for Remand Briefing Schedule filed by All Plaintiffs. (Attachments: #1 Exhibit A - Zavulunova v Forest View Center - Memo and Order, #2 Exhibit B - Schwartz Decision) (Ciaccio, Joseph) |
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ORDER re: #5 -- Plaintiff shall file a response, by December 16, 2022, to Defendant Eger Health Care & Rehabilitation Center's #5 Motion. Ordered by Judge Diane Gujarati on 12/15/2022. (KA)
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| Filing 6 NOTICE of Appearance by Dylan C. Braverman on behalf of Eger Health Care & Rehabilitation Center (aty to be noticed) (Braverman, Dylan) |
| Filing 5 First MOTION for pre motion conference and to Hold Motion Practice in Abeyance by Eger Health Care & Rehabilitation Center. (Attachments: #1 Exhibit Stay Orders) (Lawless, Megan) |
| Filing 4 NOTICE of Appearance by Megan A. Lawless on behalf of Eger Health Care & Rehabilitation Center (aty to be noticed) (Lawless, Megan) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 1 NOTICE OF REMOVAL by EGER HEALTH CARE & REHABILITATION CENTER from Supreme Court, case number 152022/2022. ( Filing fee $ 402 receipt number ANYEDC-16170137) (Attachments: #1 Exhibit Exhibit A - Summons and Complaint, #2 Exhibit Exhibit B - service accepted, #3 Exhibit Exhibit C - Martinez - Rivera - Brief for Defendants-Appellants, #4 Exhibit Exhibit D - Leroy - Brief obo Brookdale Hospital Defendants, #5 Exhibit Exhibit E - Leroy - Brief obo Mt. Sinai Hospital Defendants, #6 Exhibit Exhibit F - Leroy - 2nd Circuit - Plaintiff's Brief in Leroy v. Hume, #7 Exhibit Exhibit G - Martinez Brief obo Pltf-Appellee, #8 Exhibit Exhibit H - Leroy - Reply Brief obo Defendants, #9 Exhibit Exhibit I - Leroy Reply Brief obo co-def, #10 Exhibit Exhibit J - Rivera-Zayas - Reply Brief, #11 Exhibit Exhibit K - Amicus Briefs pending before the Second Circuit, #12 Exhibit Exhibit L - Chamber of Commerce AMA Amicus Brief, #13 Exhibit Exhibit M - Motion to File Amicus Curiae Brief & Proposed Amicus Brief, #14 Exhibit Exhibit N - US Statement of Interest (M.D. Tenn) Centeno, #15 Civil Cover Sheet Civil Cover Sheet) (Varisco, Nicole) |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge Marcia M. Henry. 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. (SR) |
| 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. (SR) |
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