Riordan v. St. Francis Hospital et al
| William Martin Riordan |
| Ashish Seth, Tina Schrier, St. Francis Hospital, Ann Cella, Catholic Health Services of Long Island, Ruth Hennessey, Evan Sorett, MD and Patrick Reynolds |
| 2:2018cv05699 |
| October 11, 2018 |
| US District Court for the Eastern District of New York |
| Joanna Seybert |
| Anne Y Shields |
| Labor: Family and Medical Leave Act |
| 28 U.S.C. § 1442 Notice of Removal |
| None |
Docket Report
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| Document Text |
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| Filing 16 AFFIDAVIT/AFFIRMATION re Order of Remand to State Court,,,, Affidavit of Service of Electronic Order Upon Plaintiff by Catholic Health Services of Long Island, Ann Cella, Ruth Hennessey, Patrick Reynolds, Tina Schrier, Ashish Seth, Evan Sorett, MD, St. Francis Hospital (Gegwich, Christopher) |
Electronic Order of Remand to State Court to Supreme Court, Nassau County, case number 18/001003. In response to this Court's November 1, 2018 Electronic Order, Plaintiff filed an Amended Complaint (Docket Entry 15). The Court has reviewed the Amended Complaint and finds that remand to state court is appropriate. Though Plaintiff references the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA), he expressly states that he does not seek to establish violations of any federal law. This action is thus remanded to the Supreme Court, Nassau County, New York. The Clerk of Court is directed to mail a certified copy of this Order to the Supreme Court in Nassau County, New York. Defendants are directed to mail a copy of this Electronic Order to the pro se Plaintiff and file proof of service on ECF on or before November 28, 2018. The Clerk of the Court is directed to TERMINATE all pending motions and mark this case CLOSED. Ordered by Judge Joanna Seybert on 11/21/2018. (Alessi, Samantha)
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| Filing 15 AMENDED COMPLAINT against Catholic Health Services of Long Island, Ann Cella, Ruth Hennessey, Patrick Reynolds, Tina Schrier, Ashish Seth, Evan Sorett, MD, St. Francis Hospital, filed by William Martin Riordan. (Cubano, Jazmin) |
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ELECTRONIC ORDER On or about August 30, 2018, Plaintiff filed his Complaint in Supreme Court, Nassau County. On October 11, 2018, Defendants removed the case to this Court, asserting that Plaintiff's claims include violations of the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq. (Docket Entry 1). Plaintiff requested that the action be remanded to state court. (Docket Entries 9, 11). Defendants responded, seeking either (1) Plaintiff's attestation or affirmation under oath that he is not pursuing an FMLA claim, or any other federal claim, in this action, in which case Defendants will not oppose his request for remand; or, (2) if Plaintiff is unwilling to make such an attestation or affirmation, an opportunity to formally oppose his motion to remand. (Docket Entry 10). This Court has reviewed Plaintiff's Complaint and finds that he explicitly alleges that Defendants violated the FMLA and repeatedly references Defendants' violation of federal law; thus, it appears at this juncture that Defendants had a proper basis for removal under 28 U.S.C. 1331 and 1441. Since Plaintiff's later submissions indicate, in contradiction to his Complaint, that he is not claiming any violation of federal law, the Court will give Plaintiff an opportunity to file an Amended Complaint, which the Court will review to determine whether remand to state court is appropriate. In the alternative, should Plaintiff wish to sign a stipulation indicating that he is not pursuing, and will not pursue, any federal claims in this action, the Court will review it and similarly determine whether remand is appropriate. If Plaintiff wishes to file an Amended Complaint, he must do so on or before November 28, 2018. If Plaintiff wishes to file a stipulation of dismissal of his federal claims, he must confer with Defendants. Defendants must file any resulting stipulation on ECF on or before November 28, 2018. If Plaintiff does not file an Amended Complaint or the parties do not stipulate on or before November 28, 2018, Defendants may file a motion in opposition to Plaintiffs request for remand by December 21, 2018. The Clerk of the Court is directed to mail a copy of this Electronic Order to the pro se Plaintiff. Ordered by Judge Joanna Seybert on 11/1/2018. (Alessi, Samantha)
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| Filing 14 Letter from William M. Riordan to Pro Se Office dated 10/30/2018. (Valle, Christine) |
| Filing 13 AFFIRMATION Re: #10 Response to Motion, filed by William Martin Riordan. (Valle, Christine) |
| Filing 12 Letter from J. Grady to Pro Se Litigant dated 10/25/2018 Re: Enclosed form is being returned without docketing or consideration for the reason(s) set forth herein. (Valle, Christine) |
| Filing 11 Letter MOTION to Remand to State Court by William Martin Riordan. (Valle, Christine) |
| Filing 10 RESPONSE to Motion re #9 Letter MOTION to Compel (to deny defenses request to remove case) filed by Catholic Health Services of Long Island, Ann Cella, Ruth Hennessey, Patrick Reynolds, Tina Schrier, Ashish Seth, Evan Sorett, MD, St. Francis Hospital. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Plaintiff's Remand Letter Motion to Court, #3 Exhibit C - Email with Supplemental Letters) (Dulgerian, Tony) |
| Filing 8 AFFIDAVIT/AFFIRMATION re Order on Motion for Extension of Time to Answer, by Catholic Health Services of Long Island, Ann Cella, Ruth Hennessey, Patrick Reynolds, Tina Schrier, Ashish Seth, Evan Sorett, MD, St. Francis Hospital (Dulgerian, Tony) |
| Filing 9 Letter MOTION to Compel (to deny defenses request to remove case) by William Martin Riordan. (Cubano, Jazmin) |
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ELECTRONIC ORDER granting #7 Motion for Extension of Time to Answer. The Defendants' time to answer or otherwise respond to the Complaint is EXTENDED to November 30, 2018. Defense counsel is directed to serve a copy of this Order on Plaintiff and provide proof of service on ECF by October 19, 2018. So Ordered by Magistrate Judge Anne Y. Shields on 10/17/2018. (Demosthenous, Dina)
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| Filing 7 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, Complaint by Catholic Health Services of Long Island, Ann Cella, Ruth Hennessey, Patrick Reynolds, Tina Schrier, Ashish Seth, Evan Sorett, MD, St. Francis Hospital. (Attachments: #1 Exhibit A - Plaintiff's Letter to Pro Se Office) (Dulgerian, Tony) |
| Filing 6 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) |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge Anne Y. Shields. 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) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Williams, Erica) (Additional attachment(s) added on 10/16/2018: #1 Additional Corrections) (Rodin, Deanna). |
| Filing 4 NOTICE of Appearance by Christopher G. Gegwich on behalf of All Defendants (aty to be noticed) (Gegwich, Christopher) |
| Filing 3 Corporate Disclosure Statement by Catholic Health Services of Long Island, Inc., St. Francis Hospital (Dulgerian, Tony) |
| Filing 2 NOTICE of Appearance by Tony Garbis Dulgerian on behalf of All Defendants (notification declined or already on case) (Dulgerian, Tony) |
| Filing 1 NOTICE OF REMOVAL by Catholic Health Services of Long Island, Ann Cella, Ruth Hennessey, Patrick Reynolds, Tina Schrier, Ashish Seth, Evan Sorett, MD, St. Francis Hospital from Supreme Court of the State of New York, County of Nassau, case number 18-001003. (Filing fee $400 receipt number ANYEDC-10823231) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet) (Dulgerian, Tony) Modified on 10/16/2018 (Rodin, Deanna). |
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