Johanna Carlino v. Eger Health Care & Rehabilitation Center
| Johanna Carlino |
| Eger Health Care & Rehabilitation Center |
| 1:2022cv07352 |
| December 5, 2022 |
| US District Court for the Eastern District of New York |
| Nina Morrison |
| Nina R Morrison |
| Vera M Scanlon |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1331 Fed. Question: Medical Malpractice |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 21, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER staying proceedings--The Court concludes that a stay of proceedings is appropriate in this case. Motion practice is held in abeyance pending the Second Circuit's decisions in Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, et al., No. 21-2164, and Leroy v. Hume, Nos. 21-2158 & 21-2159, which may be instructive on the jurisdictional questions posed in the instant litigation. In cases presenting similar issues, courts in this district have issued stays and denied parties' pre-motion conference requests pending the disposition of Leroy and Rivera-Zayas before the Second Circuit. See, e.g., No. 22-cv-05373, Ottomano v. St. Johnland Nursing Center, Inc., November 7, 2022 Order (E.D.N.Y.); No. 22-cv-03189, Kump v. Chapin Home for the Aging, July 19, 2022 Order (E.D.N.Y.); No. 22-cv-05314, Miller v. St. Johnland Nursing Center, Nov. 24, 2022 Electronic Order (E.D.N.Y.). Defendant's #5 request for a pre-motion conference is DENIED without prejudice to renew. Further, the deadline for Plaintiff to file a motion to remand is held in abeyance. The parties shall submit a joint status report within one week of the Second Circuit's decision in either of the two aforementioned appeals, or by March 1, 2023, whichever date is earlier. Ordered by Judge Nina R. Morrison on 12/21/2022. (LK)
|
| Filing 8 NOTICE of Appearance by Dylan C. Braverman on behalf of Eger Health Care & Rehabilitation Center (notification declined or already on case) (Braverman, Dylan) |
| Filing 7 NOTICE of Appearance by Jennifer Marie Lobaito on behalf of Eger Health Care & Rehabilitation Center (aty to be noticed) (Lobaito, Jennifer) |
|
ORDER. The motion at #6 is granted. Discovery is stayed pending motion practice. If the action continues after motion practice, counsel are to contact the Magistrate Judge within seven days of the Court's decision on the motion to dismiss. Ordered by Magistrate Judge Vera M. Scanlon on 12/13/2022. (GS)
|
| Filing 6 Consent MOTION to Adjourn Conference and Parties' Discovery Obligations (on consent) by Eger Health Care & Rehabilitation Center. (Lawless, Megan) |
| 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 Joseph Ciaccio on behalf of Johanna Carlino (notification declined or already on case) (Ciaccio, Joseph) |
|
ORDER. In light of the extensive filings as to jurisdiction and immunity at #1 , within 21 days of the date of this Order, counsel are to submit a joint letter as to their respective positions as to whether discovery should proceed at this time or be stayed. Upon review, the Court will determine if a conference is necessary. Ordered by Magistrate Judge Vera M. Scanlon on 12/9/2022. (GS)
|
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Filing 1 NOTICE OF REMOVAL by Eger Health Care & Rehabilitation Center from Supreme Court, case number 152035/2022. ( Filing fee $ 402 receipt number ANYEDC-16195641) (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Accepted service, #3 Exhibit Martinez - Rivera - Brief for Defendants-Appellants, #4 Exhibit Leroy - Brief obo Brookdale Hospital Defendants- 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-Appelle, #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 Statement of Interest (M.D. Tenn) Centeno, #15 Civil Cover Sheet Civil Cover Sheet) (Braverman, Dylan) |
| Case Assigned to Judge Nina Morrison 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. (KD) |
| 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. (KD) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
