Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center et al
| Vivian Rivera-Zayas |
| Our Lady of Consolation Geriatric Care Center doing business as Our Lady of Consolation Nursing and Rehabilitative Care Center, Our Lady of Consolation Geriatric Care Center and Our Lady of Consolation Nursing and Rehabilitative Care Center |
| 2:2020cv05153 |
| October 26, 2020 |
| US District Court for the Eastern District of New York |
| Nicholas G Garaufis |
| Steven I Locke |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.
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Filing 22
ORDER granting #21 Motion for Extension of Time to File Response/Reply to Motion to Remand/Motion to Dismiss. Responses due by 4/16/2021; Replies due by 4/30/2021. So Ordered by Judge Nicholas G. Garaufis on 3/25/2021. (Lee, Tiffeny)
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| Filing 21 Third MOTION for Extension of Time to File Response/Reply as to #8 Notice of MOTION to Remand to State Court and Defendant's Motion to Dismiss by Vivian Rivera-Zayas. (Leitner, Brett) |
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Filing 20
ORDER granting #19 Motion for Extension of Time to File Response/Reply re #8 Notice of MOTION to Remand to State Court . Opposition due by 3/26/2021, Reply due by 4/16/2021. So Ordered by Judge Nicholas G. Garaufis on 3/3/2021. (Lee, Tiffeny)
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| Filing 19 Second MOTION for Extension of Time to File Response/Reply as to #8 Notice of MOTION to Remand to State Court and Defendant's Motion to Dismiss by Vivian Rivera-Zayas. (Leitner, Brett) |
| Filing 18 First MOTION for Leave to File Document namely plaintiff's medical records under seal, on consent of all parties by Our Lady of Consolation Geriatric Care Center. (Braverman, Dylan) |
| Filing 17 Letter to Hon. Judge Nicholas G. Garaufis by Our Lady of Consolation Geriatric Care Center, Our Lady of Consolation Nursing and Rehabilitative Care Center (Lawless, Megan) |
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Filing 16
ORDER granting #15 Motion for Extension of Time to File Motions. Plaintiff's motion to remand/Defendants' Motion to Dismiss: February 5, 2021;Opposition to both motions: March 8, 2021; Reply: March 29, 2020. So Ordered by Judge Nicholas G. Garaufis on 1/26/2021. (Lee, Tiffeny)
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| Filing 15 MOTION for Extension of Time to File by Our Lady of Consolation Geriatric Care Center, Our Lady of Consolation Nursing and Rehabilitative Care Center. (Lawless, Megan) Modified motion type on 1/26/2021 (Lee, Tiffeny). |
| Filing 14 First MOTION for Extension of Time to File Response/Reply as to #8 Notice of MOTION to Remand to State Court and defendants' anticipated motion to dismiss on consent of all parties, First MOTION for Leave to File Excess Pages on consent of all parties by Our Lady of Consolation Geriatric Care Center, Our Lady of Consolation Nursing and Rehabilitative Care Center. (Braverman, Dylan) |
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ORDER: Defendants' #14 application is GRANTED. The court adopts the parties' joint proposed briefing schedule and grants their request to file excess pages. So ordered. Ordered by Judge Nicholas G. Garaufis on 12/11/2020. (Gurian, Nico)
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ORDER: Defendants' #6 #12 motions for a pre-motion conference are DENIED. The parties are DIRECTED to confer and submit a single proposed briefing schedule that addresses both Plaintiff's #8 motion to remand and Defendants' anticipated motion to dismiss. The parties should include in their joint proposed briefing schedule any requests for page limit increases they need in order to handle all issues in a single brief. Ordered by Judge Nicholas G. Garaufis on 12/8/2020. (Gurian, Nico)
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| Filing 13 RESPONSE in Opposition re #12 Second MOTION for pre motion conference to discuss the joint briefing schedule for the proposed Rule 12(b) motion to dismiss and plaintiffs proposed motion to remand filed by Vivian Rivera-Zayas. (Leitner, Brett) |
| Filing 12 Second MOTION for pre motion conference to discuss the joint briefing schedule for the proposed Rule 12(b) motion to dismiss and plaintiffs proposed motion to remand by Our Lady of Consolation Geriatric Care Center, Our Lady of Consolation Nursing and Rehabilitative Care Center. (Lawless, Megan) |
| Filing 11 NOTICE of Appearance by Megan A. Lawless on behalf of Our Lady of Consolation Geriatric Care Center, Our Lady of Consolation Nursing and Rehabilitative Care Center (aty to be noticed) (Lawless, Megan) |
| Motions terminated, docketed incorrectly: #10 MOTION to Remand to State Court Plaintiff's Memorandum of Law filed by Vivian Rivera-Zayas, #9 MOTION to Remand to State Court Declaration of Brett Leitner filed by Vivian Rivera-Zayas. These are supporting documents ( a memorandum and declaration) to the #8 Motion to Remand and not motions in and of themselves. Events for supporting documents may be found under the heading Responses and Replies. The #8 MOTION to Remand remains pending before the court. A response to this entry in not required and DO NOT REFILE these documents unless you are directed to by the court. (Lee, Tiffeny) |
| Filing 10 MOTION to Remand to State Court Plaintiff's Memorandum of Law by Vivian Rivera-Zayas. (Attachments: #1 Certificate of Service Certificate of Service) (Leitner, Brett) |
| Filing 9 MOTION to Remand to State Court Declaration of Brett Leitner by Vivian Rivera-Zayas. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Notice of Removal, #3 Exhibit Preparing Health Care Providers for a COVID-19 Vaccine, #4 Exhibit Health and Human Services Letter) (Leitner, Brett) |
| Filing 8 Notice of MOTION to Remand to State Court by Vivian Rivera-Zayas. (Leitner, Brett) |
| Filing 7 Corporate Disclosure Statement by Our Lady of Consolation Geriatric Care Center, Our Lady of Consolation Nursing and Rehabilitative Care Center (Braverman, Dylan) |
| Filing 6 MOTION for pre motion conference by Our Lady of Consolation Geriatric Care Center. (Lawless, Megan) |
| Filing 5 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. (Landow, Concetta) |
| Filing 4 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 10/27/2020: #1 Additional Corrections) (Landow, Concetta). |
| Filing 3 Civil Cover Sheet.. Re #1 Notice of Removal, by Our Lady of Consolation Geriatric Care Center (Braverman, Dylan) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Our Lady of Consolation Geriatric Care Center (Braverman, Dylan) |
| Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Steven I. Locke. 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. (Landow, Concetta) |
| Filing 1 NOTICE OF REMOVAL by Our Lady of Consolation Geriatric Care Center from Supreme Court Kings County, case number 509369/2020. ( Filing fee $ 400 receipt number ANYEDC-13586018) (Attachments: #1 Exhibit Ex.A - S&C, Supp Summons & Amended Complaint, #2 Exhibit Ex.B - Letter to Tom Barker regarding the Prep Act 8-14-2020-c-c-c, #3 Exhibit Ex.C - Final-Letter-and-Attachment-Responding-to-Nevada-Bulletin-SIGNED-10.8.20, #4 Certificate of Service) (Braverman, Dylan) |
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| Defendant: Our Lady of Consolation Geriatric Care Center doing business as Our Lady of Consolation Nursing and Rehabilitative Care Center | |
| Represented By: | Dylan C. Braverman |
| Represented By: | Megan A. Lawless |
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| Defendant: Our Lady of Consolation Geriatric Care Center | |
| Represented By: | Dylan C. Braverman |
| Represented By: | Megan A. Lawless |
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| Defendant: Our Lady of Consolation Nursing and Rehabilitative Care Center | |
| Represented By: | Dylan C. Braverman |
| Represented By: | Megan A. Lawless |
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| Plaintiff: Vivian Rivera-Zayas | |
| Represented By: | Brett R. Leitner |
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