Fernandez v. Kessler Institute For Rehabilitation et al
| Dorine Fernandez |
| John Doe No.1 through Jane Doe No. 50, Dr. Beverly Hon, M.D., Dr. Patel, M.D., Dr. Jeremiah Nieves, M.D., Kessler Institute For Rehabilitation, RWJ Banabas Health - Saint Barnabas Medical Center and Dr. Dholakia Hema, M.D. |
| 2:2018cv05509 |
| October 2, 2018 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| Arlene R Lindsay |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Medical Malpractice |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2018. A more recent docket listing may be available from PACER.
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| Filing 21 Letter MOTION for Extension of Time to File Answer re #12 Amended Complaint by RWJ Banabas Health - Saint Barnabas Medical Center. (Zwerling, Andrew) |
| Filing 20 STIPULATION To Extend Time to Answer Complaint and Amended Complaint by Kessler Institute For Rehabilitation (Aronin, Dean) Modified on 11/29/2018 (Imrie, Robert). |
ORDER re #18 : The time for Patel, MD to answer, move or otherwise respond to the complaint is extended to and including December 7, 2018. Ordered by Magistrate Judge Arlene R. Lindsay on 11/29/2018. c/ecf (Imrie, Robert)
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ORDER re #20 : The time for Kessler Institute For Rehabilitation to answer, move or otherwise respond to the complaint is extended to and including December 19, 2018. Ordered by Magistrate Judge Arlene R. Lindsay on 11/29/2018. c/ecf (Imrie, Robert)
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| Filing 19 AFFIDAVIT/AFFIRMATION Affidavit of Merit of Dr. Andrea M. Nichols by Dorine Fernandez (Stewart, Charmaine) |
| Filing 18 STIPULATION Extending Defendant Patel's time to answer Complaint by Dorine Fernandez (Stewart, Charmaine) Modified on 11/29/2018 (Imrie, Robert). |
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ORDER re #12 , #13 : The Court has reviewed the Amended Complaint and finds that diversity jurisdiction has been properly plead. Accordingly, the Order to Show Cause at DE #5 is hereby withdrawn. Ordered by Judge Denis R. Hurley on 11/14/2018. (Bochner, Francesca)
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ORDER re #11 , #17 : The Court has reviewed Defendant Saint Barnabas Medical Center's letter seeking to join in Defendant Kessler Institute for Rehabilitation, Inc.'s application to dismiss the action. Pursuant to the undersigned's individual practice rules, prior to filing a motion to dismiss the moving party is required to file a formal letter request for a pre-motion conference on ECF. As the Defendants have not filed such a request for a pre-motion conference, the Court will not consider their application(s) until they do so. Ordered by Judge Denis R. Hurley on 11/14/2018. (Bochner, Francesca)
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| Filing 17 Letter to join in the application of co-defendant Kessler Institute for Rehabilitation for dismissal of this action by RWJ Banabas Health - Saint Barnabas Medical Center (Zwerling, Andrew) |
| Filing 16 NOTICE of Appearance by Steven D. Gorelick on behalf of RWJ Banabas Health - Saint Barnabas Medical Center (aty to be noticed) (Gorelick, Steven) |
| Filing 15 NOTICE of Appearance by Andrew Leslie Zwerling on behalf of RWJ Banabas Health - Saint Barnabas Medical Center (aty to be noticed) (Zwerling, Andrew) |
| Filing 14 NOTICE of Appearance by Jamele A. Hamad on behalf of Kessler Institute For Rehabilitation (aty to be noticed) (Hamad, Jamele) |
| Filing 13 Letter in Reply regarding jurisdiction by Dorine Fernandez (Moreno, Marina) |
| Filing 12 AMENDED COMPLAINT against All Defendants, filed by Dorine Fernandez. (Moreno, Marina) |
| Filing 11 Letter Opposition to Plaintiffs OTSC by Kessler Institute For Rehabilitation (Aronin, Dean) |
| Filing 10 NOTICE of Appearance by Dean Geller Aronin on behalf of Kessler Institute For Rehabilitation (notification declined or already on case) (Aronin, Dean) |
| Filing 9 NOTICE of Appearance by Dean Geller Aronin on behalf of Kessler Institute For Rehabilitation (aty to be noticed) (Aronin, Dean) |
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ORDER re #8 Response to Order to Show Cause: It is clear from Plaintiff's Counsel's response to this Court's Order to Show Cause that she did not review the attached Order at DE #5 , which explicitly set forth both the deficiencies in the Complaint as well as the requirements to properly plead diversity. Counsel has again failed to properly plead diversity. Accordingly, Counsel is directed to review the Court's Order and file a response on or before October 24, 2018. If Counsel again fails to comply with this Court's Order, the matter will be promptly dismissed. Ordered by Judge Denis R. Hurley on 10/19/2018. (Bochner, Francesca)
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| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by Dorine Fernandez (Moreno, Marina) |
| Filing 7 Summons Issued as to Dholakia Hema, MD, Beverly Hon, MD, Kessler Institute For Rehabilitation, Jeremiah Nieves, MD, Patel, MD, RWJ Banabas Health - Saint Barnabas Medical Center. (Ortiz, Grisel) |
| Filing 6 Proposed Summons. by Dorine Fernandez (Stewart, Charmaine) |
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Filing 5
ORDER TO SHOW CAUSE re #1 : Given this Court's obligation to ensure that subject matter exists, IT IS HEREBY ORDERED THAT Plaintiff show cause in writing filed on or before October 18, 2018, why this action should not be dismissed for lack of subject matter jurisdiction. Defendants may file a response, if any, to Plaintiff's submission on or before October 25, 2019; and Plaintiff may file a reply, if any, on or before November 12, 2018. See attached Order. Ordered by Judge Denis R. Hurley on 10/4/2018. (Bochner, Francesca)
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| Incorrect Case/Document/Entry Information: Proposed summons is rejected; Please correct the Civil Action Number. Also, the Summons must indicate "Eastern District of New York" at the top. Additionally, the caption of the summons is unreadable. Counsel may use et al. and attach a rider. Counsel is advised to submit corrected proposed summonses using the event Proposed Summons/Civil Cover Sheet. (Cubano, Jazmin) |
| Filing 4 Proposed Summons. Re Incorrect Case/Document/Entry Information., by Dorine Fernandez (Stewart, Charmaine) |
| 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. (Rodin, Deanna) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Dorine Fernandez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Certificate of Merit) (Rodin, Deanna) |
| Incorrect Document Entry Information. A defendant was missing from the case; defendant was added; document entry #1 was deleted and re-entered against all defendants. (Rodin, Deanna) |
| FILING FEE: $400, receipt number 0207-10770119 (Rodin, Deanna) |
| Case Assigned to Judge Denis R. Hurley and Magistrate Judge Arlene R. Lindsay. 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. (Rodin, Deanna) |
| Proposed summons is rejected; the caption on the summons does not match the caption of the complaint; the Clerk's Office cannot issue the summons with an incorrect caption; Counsel is advised to submit completed proposed summons in PDF fillable format using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna) |
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