AA Medical P.C. v. Iron Workers Locals 40, 361 & 417 Health Fund
| AA Medical P.C. |
| Iron Workers Locals 40, 361 & 417 Health Fund |
| 2:2020cv04333 |
| September 16, 2020 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| Steven Tiscione |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1441 Petition for Removal |
| None |
Docket Report
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| Filing 10 Letter to Plaintiff enclosing Defendant's moving papers re motion to dismiss by Iron Workers Locals 40, 361 & 417 Health Fund (Boland, Patricia) |
| Filing 9 CASE REFERRED to Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d). The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs." Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7(d) (3). An Arbitration Hearing will be scheduled after an Answer is filed. The hearing will occur approximately 120 days after filing of the Answer. (Credle, Rita) |
SCHEDULING ORDER: re #7 : Before the Court is Defendant's request for a premotion conference in anticipation of moving to dismiss. Plaintiff has not submitted a response. The Court waives its requirement for a premotion conference and sets the following briefing schedule for the proposed motion to dismiss: Defendant shall serve, but not file, moving papers on or before October 30, 2020; Plaintiff shall serve, but not file, opposing papers on or before December 2, 2020; Defendant shall serve reply papers, if any, and file all papers with the Court, including a courtesy copy for Chambers on or before December 16, 2020.Ordered by Judge Denis R. Hurley on 10/2/2020. (Hoon, Megha)
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| Filing 8 STATE COURT RECORD received from Judith Pascale, Suffolk County Clerk, Index No. 610688-20. Since the above mentioned case is E-filed, there are no hard copies of the documents listed on the Civil Court Minutes Report. (Cubano, Jazmin) |
| Motions terminated, docketed incorrectly: #7 MOTION for pre motion conference letter for leave to move to dismiss filed by Iron Workers Locals 40, 361 & 417 Health Fund. (The document should have been filed as a "LETTER" application, and the Court will address the document as such. All corrections have been made). (Cubano, Jazmin) |
| Filing 7 Letter application for pre motion conference letter for leave to move to dismiss by Iron Workers Locals 40, 361 & 417 Health Fund. (Boland, Patricia) Modified on 9/23/2020 (Cubano, Jazmin). |
| 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) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 9/17/2020: #1 Additional Corrections) (Rodin, Deanna). |
| Filing 4 Civil Cover Sheet.. Re #1 Notice of Removal, by Iron Workers Locals 40, 361 & 417 Health Fund (Boland, Patricia) |
| Case Assigned to Judge Denis R. Hurley and Magistrate Judge Steven Tiscione. 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) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
| Filing 3 Corporate Disclosure Statement by Iron Workers Locals 40, 361 & 417 Health Fund, (Boland, Patricia) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Iron Workers Locals 40, 361 & 417 Health Fund, (Boland, Patricia) |
| Filing 1 NOTICE OF REMOVAL by Iron Workers Locals 40, 361 & 417 Health Fund, from Supreme Court of New York Suffolk County, case number 610688/2020. (Filing fee $400 receipt number ANYEDC-13369818) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A- state court documents, #2 Exhibit B- Notice to Clerk of Removal of State Court Action to EDNY) (Boland, Patricia) Modified on 9/17/2020 (Rodin, Deanna). |
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| Plaintiff: AA Medical P.C. | |
| Represented By: | Jeffrey S. Eisenberg |
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| Defendant: Iron Workers Locals 40, 361 & 417 Health Fund | |
| Represented By: | Patricia Lynne Boland |
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