Ross-Gill v. Ditmas Park Rehabilitation & Care LLC et al
| Yvonne Ross-Gill |
| Ditmas Park Rehabilitation & Care LLC and Ditmas Park Nursing & Rehabilitation |
| 1:2023cv01483 |
| February 24, 2023 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| James R Cho |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1331 Fed. Question: Medical Malpractice |
| Defendant |
Docket Report
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This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.
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ORDER of Remand to State Court: The Second Circuit's decision in Solomon v. St. Joseph Hospital, Catholic Health System of Long Island, Inc., 21-cv-2729, as well as this Court's reasoning in Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, 2021 WL 4776610 (E.D.N.Y. Oct. 13, 2021), apply here. This case is remanded sua sponte to state court because this Court lacks subject matter jurisdiction. The Clerk of Court is respectfully directed to remand this entire action to the Supreme Court of New York, County of Kings, under docket number 532126/2022, and terminate this case. According, Defendants' #3 Motion to Stay this action pending related appeals is denied. Ordered by Judge Pamela K. Chen on 3/8/2023. (SK). A cert. copy of the attached mailed to NYS Supreme Court-Kings County, 360 Adams Street, Bklyn, NY 11201 on 3/14/2023. (ML).
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 3 First MOTION to Stay and to Hold Motion Practice in Abeyance by Ditmas Park Nursing & Rehabilitation, Ditmas Park Rehabilitation & Care LLC. (Attachments: #1 Exhibit Stay Orders) (Lawless, Megan) |
| 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) |
| Filing 2 NOTICE of Appearance by Megan A. Lawless on behalf of Ditmas Park Nursing & Rehabilitation, Ditmas Park Rehabilitation & Care LLC (aty to be noticed) (Lawless, Megan) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge James R. Cho. 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. Motions referred to James R. Cho. (SR) Modified on 4/14/2023 (SR). |
| Filing 1 NOTICE OF REMOVAL by All Defendants DITMAS PARK REHABILITATION & CARE CENTER, LLC and DITMAS PARK NURSING & REHABILITATION from Supreme Court of the State of New York, County of Kings, case number 532126/2022. ( Filing fee $ 402 receipt number ANYEDC-16441538) (Attachments: #1 Exh.A - Summons & Complaint.pdf, #2 Exh.B - E-mail accepting service.pdf, #3 Exh.C - Martinez - Rivera - Brief for Defendants-Appellants.pdf, #4 Exh.D - Leroy - Brief obo Brookdale Hospital Defendants.pdf, #5 Exh.E - Leroy - Brief obo Mt. Sinai Hospital Defendants.pdf, #6 Exh.F - Leroy - 2nd Circuit - Plaintiff's Brief in Leroy v. Hume.pdf, #7 Exh.G - Martinez Brief obo Pltf-Appellee.pdf, #8 Exh.H - Leroy - Reply Brief obo Defendants.pdf.pdf, #9 Exh.I - Leroy Reply Brief obo Co-Def.pdf, #10 Exh.J - Rivera-Zayas - Reply Brief.pdf, #11 Exh.K - Amicus Briefs pending before the Second Circuit.pdf, #12 Exh.L - Chamber of Commerce AMA Amicus Brief.pdf, #13 Exh.M - Motion to File Amicus Curiae Brief.pdf, #14 Exh.N - US Statement of Interest (M.D. Tenn) Centeno.pdf, #15 Civil Cover Sheet) (Braverman, Dylan) |
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