Gluck v. Williamsburg Services, LLC
Rachel Gluck |
Williamsburg Services, LLC doing business as Bedford Center for Nursing and Rehabilitation |
1:2023cv01464 |
February 24, 2023 |
US District Court for the Eastern District of New York |
Nina R Morrison |
Cheryl L Pollak |
Personal Inj. Med. Malpractice |
28 U.S.C. ยง 1441 Notice of Removal |
Defendant |
Docket Report
This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Order. The Court is in receipt of the parties' #6 status report. The parties are directed to file a further status report within one week of the Second Circuit's decision on either Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, et al., No. 21-2164, or Leroy v. Hume, Nos. 21-2158 & 21-2159, or by Monday, June 5, 2023, whichever date is earlier. Ordered by Judge Nina R. Morrison on 4/4/2023. (JL) |
Filing 6 Letter Joint Status Report on Second Circuit Appeals by Williamsburg Services, LLC (Lawless, Megan) |
Order staying proceedings. The Court will hold in abeyance motion practice and plaintiff's deadline to file a motion to remand pending the Second Circuit's decisions in Solomon v. St. Joseph Hospital, 21-2729, 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.); 22-cv-05314, Miller v. St. Johnland Nursing Center, Nov. 24, 2022 Electronic Order (E.D.N.Y.). The parties shall submit a joint status report within one week of the Second Circuit's decision in any of the aforementioned appeals, or by Monday, April 3, 2023, whichever date is earlier. Ordered by Judge Nina R. Morrison on 3/6/2023. (JL) |
Filing 5 First MOTION to Stay and to Hold Motion Practice in Abeyance by Williamsburg Services, LLC. (Attachments: #1 Exhibit Stay Orders) (Lawless, Megan) |
Filing 4 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) |
Case Assigned to Judge Nina R. Morrison and Magistrate Judge Cheryl L. Pollak. 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) |
Filing 3 NOTICE of Appearance by Megan A. Lawless on behalf of Williamsburg Services, LLC (notification declined or already on case) (Lawless, Megan) |
Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
Filing 1 NOTICE OF REMOVAL by All Defendants Williamsburg Services, LLC d/b/a Bedford Center for Nursing and Rehabilitation from Supreme Court of the State of New York, Kings County, case number 503395/2023. ( Filing fee $ 402 receipt number CNYEDC-16440045) Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: #1 Exhibit Exh.A - Summons & Complaint, #2 Exhibit Exh.B - Affidavit of Service.pdf, #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) (Braverman, Dylan) Modified on 2/24/2023 (LJ). |
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Plaintiff: Rachel Gluck | |
Represented By: | Jeffrey Alan Guzman |
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Defendant: Williamsburg Services, LLC doing business as Bedford Center for Nursing and Rehabilitation | |
Represented By: | Dylan C. Braverman |
Represented By: | Megan A. Lawless |
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