Goldstein v. Eger Health Care and Rehabilitation
Plaintiff: DEBORAH GOLDSTEIN, as Administratrix of the Estate Of JANE DZIEKAN, deceased and Deborah Goldstein
Defendant: Eger Health Care and Rehabilitation Center and Eger Health Care and Rehabilitation
Case Number: 1:2023cv01226
Filed: February 15, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Eric R Komitee
Referring Judge: Robert M Levy
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2023 Opinion or Order ORDER denying #6 Motion to Stay -- Defendant's motion for a stay is denied. Plaintiff's request to remand shall be briefed on an expedited schedule as follows: Plaintiff's motion due by March 29, 2023; Defendant's response due by April 12; and Plaintiff's reply, if any, due by April 19. As a courtesy to the Court, the parties are encouraged not to file their motion papers and submit courtesy copies until the motion has been fully briefed, unless doing so might cause a party to miss a statutory deadline. See Rule III.C.2 of this Court's Individual Rules and Practices. Ordered by Judge Eric R. Komitee on 3/8/2023. (AG)
March 6, 2023 Filing 7 RESPONSE to Motion re #6 First MOTION to Stay and to Hold Motion Practice in Abeyance filed by Deborah Goldstein. (Attachments: #1 Exhibit Exhibit A, Judge Seibel Order, #2 Exhibit Exhibit B, Judge Ross Order, #3 Exhibit Exhibit C, Judge Garaufis Order)., #4 Exhibit Exhibit D, Judge Browns Remand Order, #5 Exhibit Exhibit E - Glenhaven Healthcare LLC v. Saldana, 2022 U.S. LEXIS 5122, #6 Exhibit Exhibit F, New York Litigation Coordinating Panel Order, #7 Exhibit Exhibit G Order dated 1/31/2023) (Smith, Damien)
February 23, 2023 Filing 6 First MOTION to Stay and to Hold Motion Practice in Abeyance by Eger Health Care and Rehabilitation. (Attachments: #1 Exhibit Stay Orders) (Lawless, Megan)
February 22, 2023 Filing 5 NOTICE of Appearance by Damien Smith on behalf of All Plaintiffs (aty to be noticed) (Smith, Damien)
February 21, 2023 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR)
February 21, 2023 Filing 3 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)
February 21, 2023 Case Assigned to Judge Eric R. Komitee 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. (SR)
February 21, 2023 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)
February 16, 2023 Filing 2 NOTICE of Appearance by Megan A. Lawless on behalf of Eger Health Care and Rehabilitation Center (aty to be noticed) (Lawless, Megan)
February 15, 2023 Filing 1 NOTICE OF REMOVAL by Eger Health Care and Rehabilitation Center from Supreme Court of the State of NY, County of Richmond, case number 150087/2023. ( Filing fee $ 402 receipt number ANYEDC-16411586) (Attachments: #1 Exhibit Exh.A - Summons & Complaint.pdf, #2 Exhibit Exh.B - Accept Service, #3 Exhibit Exh.C - Martinez - Rivera - Brief for Defendants-Appellants.pdf, #4 Exhibit Exh.D - Leroy - Brief obo Brookdale Hospital Defendants.pdf, #5 Exhibit Exh.E - Leroy - Brief obo Mt. Sinai Hospital Defendants.pdf, #6 Exhibit Exh.F - Leroy - 2nd Circuit - Plaintiff's Brief in Leroy v. Hume.pdf, #7 Exhibit Exh.G - Martinez Brief obo Pltf-Appellee.pdf, #8 Exhibit Exh.H - Leroy - Reply Brief obo Defendants.pdf, #9 Exhibit Exh.I - Leroy Reply Brief obo Co-Def.pdf, #10 Exhibit Exh.J - Rivera-Zayas - Reply Brief.pdf, #11 Exhibit Exh.K - Amicus Briefs pending before the Second Circuit.pdf, #12 Exhibit Exh.L - Chamber of Commerce AMA Amicus Brief.pdf, #13 Exhibit Exh.M - Motion to File Amicus Curiae Brief.pdf, #14 Exhibit Exh.N - US Statement of Interest (M.D. Tenn) Centeno.pdf, #15 Civil Cover Sheet EDNY) (Braverman, Dylan)

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Plaintiff: DEBORAH GOLDSTEIN, as Administratrix of the Estate Of JANE DZIEKAN, deceased
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Plaintiff: Deborah Goldstein
Represented By: Michael E. Duffy
Represented By: Damien Smith
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Defendant: Eger Health Care and Rehabilitation Center
Represented By: Dylan C. Braverman
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Defendant: Eger Health Care and Rehabilitation
Represented By: Megan A. Lawless
Represented By: Dylan C. Braverman
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