The Estate of Josephine DeCicco v. GWC-Mill Basin, Inc. et al
| The Estate of Josephine DeCicco, by her proposed Administrator, Grace DeCicco and The Estate of Josephine DeCicco |
| GWC-Mill Basin, Inc. and Sunrise at Mill Basin |
| 1:2023cv08148 |
| November 1, 2023 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Allyne R Ross |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
Docket Report
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This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.
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ORDER: The 12/19/2023 initial conference is adjourned sine die. So Ordered by Magistrate Judge Marcia M. Henry on 12/18/2023. (RC)
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ORDER granting #7 : Defendants' unopposed motion to adjourn the 12/19/2023 initial conference is granted. The 12/19/2023 initial conference is adjourned sine die. Discovery is stayed pending decision on Defendants' motion for judgment on the pleadings. So Ordered by Magistrate Judge Marcia M. Henry on 12/18/2023 (RA)
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ORDER re #7 : By 12/15/2023 Plaintiff shall file a response to Defendants' motion to adjourn the initial conference at ECF No. #7 . So Ordered by Magistrate Judge Marcia M. Henry on 12/14/2023. (RA)
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| Filing 8 Letter in Opposition to Defendant's Letter Dated 11/14/23 Requesting a Pre-Motion Conference by The Estate of Josephine DeCicco (Varughese, Justin) |
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ORDER. The Court has reviewed plaintiff's letter in opposition to defendants' request for a pre-motion conference #8 . A pre-motion conference is not necessary. The briefing schedule set forth in my order dated December 12, 2023 remains in effect. Ordered by Judge Allyne R. Ross on 12/13/2023. (GJ)
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| Filing 7 MOTION to Adjourn Conference of December 19 by GWC-Mill Basin, Inc., Sunrise at Mill Basin. (Attachments: #1 Proposed Order Defendants only proposed discovery plan) (Vergara, Rafael) |
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ORDER. Plaintiff has not responded to defendants' letter requesting a pre-motion conference regarding an anticipated motion for judgment on the pleadings. The court therefore grants defendants permission to bring the proposed motion without a pre-motion conference. Defendants' motion shall be briefed as follows: defendants' motion and supporting papers shall be served no later than January 3, 2024; plaintiff's opposition papers shall be served no later than January 24, 2024; defendants' reply papers, if any, shall be served no later than February 2, 2024. The fully briefed motion shall be filed in accordance with chambers' rules, including courtesy copies for chambers, no later than February 2, 2024. This schedule may be altered only with the permission of the court. Ordered by Judge Allyne R. Ross on 12/12/2023. (GJ)
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ORDER granting plaintiff's request for an extension of time to respond to defendants' letter #6 . Plaintiff's response letter shall be due no later than December 1, 2023. Ordered by Judge Allyne R. Ross on 11/28/2023. (GJ)
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| Filing 6 Letter request for extension of time to respond to Defendant's request for a pre-motion conference dated 11/14/23 by The Estate of Josephine DeCicco (Varughese, Justin) |
| NOTICE. Defendants have submitted a letter requesting a pre-motion conference regarding an anticipated motion for judgment on the pleadings. Plaintiff's counsel is reminded that, under Judge Ross's Individual Motion Practices, plaintiff is required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of defendants' letter, on or before November 24, 2023. (GJ) |
| Filing 5 Letter request for pre-motion conference by GWC-Mill Basin, Inc., Sunrise at Mill Basin (Vergara, Rafael) |
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Filing 4
SCHEDULING ORDER: An in-person initial conference will be held on 12/19/2023 at 10:00AM in Courtroom 504 North before Magistrate Judge Marcia M. Henry. All counsel must attend.Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 12/12/2023, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: # https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). So Ordered by Magistrate Judge Marcia M. Henry on 11/102/2023.(Attachments: #1 Individual Practice Rules, #2 Proposed Discovery Plan (RC)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AF) |
| 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. (AF) |
| Case Assigned to Judge Allyne R. Ross 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. (AF) |
| Filing 1 NOTICE OF REMOVAL by GWC-Mill Basin, Inc., Sunrise at Mill Basin from Supreme Court of the State of New York, Kings County, case number 532133/2022. ( Filing fee $ 402 receipt number ANYEDC-17242600) (Attachments: #1 Exhibit 1 - New York entity and assumed name information for GWC-Mill Basin, Inc., #2 Exhibit 2 - Summons and Complaint, #3 Exhibit 3 - New York entity information for Sunrise Senior Living Management, Inc., #4 Exhibit 4 - Response To Defendants Ad Danum Demand, #5 Exhibit 5 - Verified Answer, #6 Civil Cover Sheet) (Vergara, Rafael) |
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