Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center et al
Plaintiff: Vivian Rivera-Zayas
Defendant: 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
Case Number: 2:2020cv05153
Filed: October 26, 2020
Court: US District Court for the Eastern District of New York
Presiding Judge: Nicholas G Garaufis
Referring Judge: Steven I Locke
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 26, 2021 Opinion or Order 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)
March 23, 2021 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)
March 3, 2021 Opinion or Order 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)
March 3, 2021 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)
February 16, 2021 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)
February 5, 2021 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)
January 26, 2021 Opinion or Order 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)
January 25, 2021 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).
December 11, 2020 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)
December 11, 2020 Opinion or Order 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)
December 8, 2020 Opinion or Order 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)
December 3, 2020 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)
December 3, 2020 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)
December 2, 2020 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)
November 25, 2020 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)
November 25, 2020 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)
November 25, 2020 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)
November 25, 2020 Filing 8 Notice of MOTION to Remand to State Court by Vivian Rivera-Zayas. (Leitner, Brett)
November 3, 2020 Filing 7 Corporate Disclosure Statement by Our Lady of Consolation Geriatric Care Center, Our Lady of Consolation Nursing and Rehabilitative Care Center (Braverman, Dylan)
November 2, 2020 Filing 6 MOTION for pre motion conference by Our Lady of Consolation Geriatric Care Center. (Lawless, Megan)
October 27, 2020 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)
October 27, 2020 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).
October 27, 2020 Filing 3 Civil Cover Sheet.. Re #1 Notice of Removal, by Our Lady of Consolation Geriatric Care Center (Braverman, Dylan)
October 27, 2020 Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Our Lady of Consolation Geriatric Care Center (Braverman, Dylan)
October 27, 2020 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)
October 26, 2020 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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