Centeno v. Our Lady of Consolation
| Carmen Centeno |
| Our Lady of Consolation Nursing and Rehabilitative Care Center and Our Lady of Consolation |
| 2:2021cv00468 |
| January 28, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven I Locke |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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Filing 14
Electronic SCHEDULING ORDER. The deadline for Defendant to file its Answer is extended to and including 4/5/2021. Further, an Initial Conference is set for 4/20/2021 before Magistrate Judge Steven I. Locke, and will be conducted at 11:00 a.m. via the AT&T teleconference center. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Ordered by Magistrate Judge Steven I. Locke on 3/22/2021. (Attachments: #1 SIL Individual Rules, #2 Scheduling Order Worksheet) (Bartell, Max)
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| Filing 13 Minute Entry for proceedings held on 3/18/2021 before Judge Gary R. Brown: Civil Cause for Telephone Pre Motion Conference. Counsel for Plaintiff: Ted J. Tanenbaum. Counsel for Defendant: Charles K. Faillace. FTR: 2:02- (AT&T Conference). Motion for: Rule 12. Movant: Defendant. Case called. Counsel for all sides present. Pre motion conference held. Motion argued. The Court deems the motion made. Motion is denied. (**No written decision**). This matter is referred to the Magistrate Judge to conduct discovery. (Tirado, Chelsea) |
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SCHEDULING ORDER: re Order on Motion to Adjourn Conference. Due to a change in the court's calendar the 3/16/2021 Telephone Conference is adjourned to 3/18/2021 at 02:00 PM before Judge Gary R. Brown.Ordered by Judge Gary R. Brown on 3/15/2021. (McMorrow, Karen)
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| Filing 12 Letter to Judge Brown by Our Lady of Consolation (Lawless, Megan) |
| Filing 11 First MOTION to Adjourn Conference of the pre-motion conference on consent of the plaintiff by Our Lady of Consolation. (Braverman, Dylan) |
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ORDER granting #11 Motion to Adjourn Conference. Application granted, on consent.The pre-motion telephone conference scheduled for March 8, 2021 IS ADJOURNED TO March 16, 2021 at 2:00 p.m. before Judge Gary R. Brown, at which time the parties should be prepared to address defendant's anticipated motion to dismiss pursuant to Rule 12 of the Federal Rules of Civil procedure and plaintiff's anticipated cross-motion to remand pursuant to Rule 12 of the Federal Rules of Civil Procedure. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letters and the responses, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion(s) theselves. Arguments not raised in the pre-motion letter and response or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 3/3/2021. c/ecf (Johnston, Linda)
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SCHEDULING ORDER granting #10 Letter filed by Plaintiff Carmen Centeno for Pre Motion Conference:A pre-motion telephone conference is scheduled for March 8, 2021 at 2:00 p.m. before Judge Gary R. Brown, at which time the parties should be prepared to address plaintiff's anticipated cross-motion to remand pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 10. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letters and the responses, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion(s) theselves. Arguments not raised in the pre-motion letter and response or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Defendant is directed to respond to DE 10 in accordance with the undersigned's individual rules by March 4, 2021. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 2/18/2021.c/ecf (Johnston, Linda)
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| Filing 10 Letter request pre-motion conference by Carmen Centeno (Tanenbaum, Ted) |
| Filing 9 STATE COURT RECORD Received from the Suffolk County Clerk's Office - Enclosing certified copy of Clerk's Minutes for E-filed Supreme Court case, Index #620015/2020, along with a copy of the Notice of Removal or 8019(c) with order. (Tirado, Chelsea) |
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ORDER granting #8 Motion for Pre Motion Conference. A pre-motion telephone conference is scheduled for March 8, 2021 at 2:00 p.m. before Judge Gary R. Brown, at which time the parties should be prepared to address defendant's anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 8. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letter and response or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiff is directed to respond to DE 8 in accordance with the undersigned's individual rules by February 26, 2020. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 2/14/2021. c/ecf (Johnston, Linda)
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| Filing 8 First MOTION for pre motion conference by Our Lady of Consolation. (Braverman, Dylan) |
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ORDER granting DE #7 Motion for Extension of Time to Answer. On consent, the deadline for Defendant to answer or otherwise respond to the Complaint is extended to and including 2/15/2021. Ordered by Magistrate Judge Steven I. Locke on 2/5/2021. (Bartell, Max)
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| Filing 7 First MOTION for Extension of Time to File Answer by Our Lady of Consolation. (Braverman, Dylan) |
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Filing 6
ORDER OF RECUSAL: it is requested that the Clerk of the Court reassign this matter to a randomly selected Magistrate Judge. Ordered by Magistrate Judge Anne Y. Shields on 2/2/2021.(Magistrate Judge Anne Y. Shields recused. Case randomly reassigned to Magistrate Judge Steven I. Locke for all further proceedings.) (Florio, Lisa)
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| Filing 5 NOTICE of Appearance by Megan A. Lawless on behalf of Our Lady of Consolation (notification declined or already on case) (Lawless, Megan) |
| Filing 4 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 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Case Assigned to Judge Gary R. Brown 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 2 NOTICE OF REMOVAL by Our Lady of Consolation from Supreme Court Suffolk County, case number 620015/2020. Was the Disclosure Statement on Civil Cover Sheet completed -Yes(Attachments: #1 Exhibit A - S&C, #2 Exhibit B - US Statement of Interest (M.D. Tenn), #3 Certificate of Service) (Braverman, Dylan) Modified on 1/29/2021 (Rodin, Deanna). |
| Filing 1 Civil Cover Sheet by Our Lady of Consolation (Braverman, Dylan) Modified on 1/29/2021 (Rodin, Deanna). |
| CIVIL CASE FILING FEE: $ 402, receipt number ANYEDC-14064154 (Braverman, Dylan) |
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