Oriska Corporation v. Park Avenue Operating Co. LLC et. al.
| Oriska Corporation |
| Oriska Insurance Company, Roberta Reardon, Park Avenue Operating Co. LLC, Michael Schwartz, Grandview Brokerage, Inc., John Doe, Ira Lipsius, Broad Coverage Services, Inc., George Klein, Mayer Fischl, Wolf Eisenbach, Rashbi Management, Inc., the State University of New York, National Financial Service, Cullen and Dykman, LLP, Financial Service, Raphael A. Weitzner, Michael Schweimmer, Alexi Arias, Martha Lees, Whiteman Osterman & Hanna, LLP, Larry Klein, Aaron Becher, Sam Schlesinger, Howard A. Zucker, M.D., Chana Lerner, Stella M. Vilardi, Linda A. Lacewell, The Schlesinger Family Trust, Allstate ASO, Inc., Isaac Muller, Israel Zeigelman, Carolyn Robinson, Karen Grant Williams, Dr. Merryl H. Tisch, Bent Phillipson, Berkshire Group, Inc., David Bloom, Michael Camilleri, The Philipson Family Trust, Martin Schwartzman, Lipsius-Benhaim Law, LLP, Benjamin Landa, Allstate Administrators, Inc., Peter Fountas, Spencer Street Realty, Scott Dietrich, Pitterman Family Trust, Andrew Cuomo, Annette Hall, Esther Farkovits, Robyn Weiss, Ruth Hirsch, SentosaCare, LLC, George Adler and Donna Hodge |
| 2:2021cv02022 |
| April 15, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Nicholas G Garaufis |
| Arlene R Lindsay |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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| Filing 13 Letter MOTION for Leave to File Document re: Attorneys' Fees by Park Avenue Operating Co. LLC. (Lipsius, Ira) |
| Filing 12 CLERK'S JUDGMENT that the removed actions are remanded to New York Supreme Court, Oneida County; the federal actions are dismissed with prejudice; requests for attorneys' fees and costs by the Defendants in the removed actions are granted, and Judgment is entered in favor of Defendants. Signed Douglas C. Palmer, Clerk of Court by Brenna B. Mahoney, Chief Deputy Clerk on May 28, 2021. (Lee, Tiffeny) |
Filing 11
MEMORANDUM & ORDER, For the reasons stated below, each of the Removed Actions is REMANDED to New York Supreme Court, Oneida County and each of the Federal Actions is DISMISSED with prejudice. Requests made by counsel in the Removed Actions for attorneys fees and costs are GRANTED. Attorney James M. Kernan, counsel for the Class Representatives, is ORDERED to show cause within two weeks of the date of this Order, in writing, as to why he should not be referred to the Disciplinary Committee for this District in connection with his conduct in these lawsuits. So Ordered by Judge Nicholas G. Garaufis on 5/27/2021. (Certified copy of Order mailed to New York Supreme Court, Oneida County, County Clerk, 200 Elizabeth St #4, Utica, NY 13501, Docket No. EFCA 2020-1276) (Lee, Tiffeny)
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| Filing 10 Letter MOTION for Leave to File Document re: Motion to Remand by Park Avenue Operating Co. LLC. (Lipsius, Ira) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Nicholas G. Garaufis for all further proceedings (as related to 20-cv-6291). Judge Gary R. Brown no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 5/17/2021. (Davis, Kimberly)
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In light of the reassignment of this case to Judge Nicholas G. Garaufis, the pre motion conference scheduled for 6/30/2021 before the undersigned is canceledOrdered by Judge Gary R. Brown on 5/17/2021. c/ecf (Johnston, Linda)
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ORDER granting #9 Motion for Pre Motion Conference..A pre-motion telephone conference is scheduled for June 30, 2021 at 11:00 a.m. before Judge Gary R. Brown, at which time the parties should be prepared to address defendant Park Avenue Operating Co. LLC's anticipated motion to remand the action to state court, DE 9. 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 itself. Arguments not raised in the pre-motion letters 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 9 in accordance with the undersigned's individual rules by May 28, 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 5/14/2021. (Johnston, Linda)
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| Filing 9 MOTION for pre motion conference re: Motion to Remand by Park Avenue Operating Co. LLC. (Lipsius, Ira) |
| Filing 8 Summons Issued as to All Defendants (Tirado, Chelsea) |
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ORDER denying #6 Motion to Consolidate Cases. The motion to consolidate cases is denied without prejudice to renewal until after (1) the filing of a notice of appearance in the case by defendants; and (2) plaintiff's counsel conducts a meet and confer with defense counsel regarding the application to consolidate cases in an effort to seek and procure the consent of defendants to consolidation of the cases. Ordered by Judge Gary R. Brown on 5/13/2021. c/ecf (Johnston, Linda)
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| Filing 7 Proposed Summons. by Oriska Corporation (Policelli, Frank) |
| Filing 6 MOTION to Consolidate Cases by Alexi Arias, Karen Grant Williams, Annette Hall, Donna Hodge. (Attachments: #1 Declaration, #2 Memorandum, #3 #1 Attachment to Memorandum-JPML Motion, #4 #2 Attachment to Memorandum-Schedule of Actions, #5 #3 Attachment to Memorandum-Brief to Panel, #6 #4- Judge Libert Order) (Kernan, James) |
| Proposed summonses are rejected; the caption on each summons does not match the caption of the complaint; specifically, if you use "et al" you must attach a rider; the Clerk's Office cannot issue the summonses with an incorrect caption. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Tirado, Chelsea) |
| Filing 5 Proposed Summons. by Alexi Arias, Karen Grant Williams, Annette Hall, Donna Hodge (Kernan, James) |
| Filing 4 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates that Case Nos. 2:20-cv-06291 (NGG)(CLP) and 1:20-cv-06131 (PK) are related cases. (Flanagan, Doreen) |
| Filing 3 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. (Flanagan, Doreen) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Davis, Kimberly) Modified on 4/15/2021 (Flanagan, Doreen). (Additional attachment(s) added on 4/15/2021: #1 Additional Quality Control Check Sheet) (Flanagan, Doreen). |
| Filing 1 NOTICE OF REMOVAL by Alexi Arias, Karen Grant Williams, Annette Hall and Donna Hodge from Supreme Court of the State of New York, County of Nassau, Case Number EFCA2019-61548. Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. ( Filing fee $ 402 receipt number ANYEDC-14375389) (Attachments: #1 Complaint, #2 Civil Cover Sheet) (Kernan, James) Modified on 4/15/2021 (Flanagan, Doreen). |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Arlene R. Lindsay. 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. (Flanagan, Doreen) |
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