Oriska Corporation v. Avalon Gardens Rehabilitation & Health Care Center, LLC et al
| Oriska Corporation |
| Mr. Benjamin Landa, Roberta Reardon, Grandview Brokerage, Inc., John Doe, Ira Lipsius, Broad Coverage Services, Inc., Israel Ziegelman, Cullen & Dykman LLP, Wolf Eisenbach, National Financial Service, Merry H. Tisch, Financial Service, Raphael A. Weitzner, Michael Schweimmer, Alexi Arias, Martha Lees, Whiteman Osterman & Hanna, LLP, State University of New York, Peter Fountas of the Research Foundation of the State University of New York, Sam Schlesinger, Howard A. Zucker, M.D., Stella M. Vilardi, Rashbi Management, Inc., The Schlesinger Family Trust, Allstate ASO, Inc., Isaac Muller, Alan Chopp, Carolyn Robinson, Bent Phillipson, Berkshire Group, Inc., Michael Camilleri, The Philipson Family Trust, Martin Schwartzman, Lipsius-Benhaim Law, LLP, Oriska Insurance Company, Allstate Administrators, Inc., The Pitterman Family Trust, Spencer Street Realty, Karen Grant Williams, Scott Dietrich of the Research Foundation of the State University of New York, Andrew Cuomo, Annette Hall, Avalon Gardens Rehabilitation & Health Care Center, LLC, SentosaCare, LLC, Linda A. Lacewell, Donna Hodge, Cullen and Dykman, LLP, Dr. Merryl H. Tisch, Benjamin Landa, Scott Dietrich, Pitterman Family Trust and Peter Fountas |
| 2:2021cv02040 |
| April 15, 2021 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Nicholas G Garaufis |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 12 Letter MOTION for Leave to File Document re: Attorneys' Fees by Avalon Gardens Rehabilitation & Health Care Center, LLC. (Lipsius, Ira) |
| Filing 11 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 10
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 9 Proposed Summons. by Oriska Corporation (Policelli, Frank) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Nicholas G. Garaufis and Magistrate Judge Sanket J. Bulsara (as related to 20-cv-6291)for all further proceedings. Judge Joanna Seybert, Magistrate Judge Anne Y. Shields 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 5/14/2021. (Davis, Kimberly)
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| Proposed Summons #7 was not issued for one of the following reasons: Did not use the correct PDF fillable format Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION; No name and address on the To Section and the Plaintiff's attorney name and addresses section is illegible; If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included; The name on the summons does not match the name as it appears on the complaint including party text. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Valle, Christine) |
| Filing 8 MOTION to Remand to State Court by Avalon Gardens Rehabilitation & Health Care Center, LLC. (Attachments: #1 Memorandum in Support, #2 Declaration of Alexander J. Sperber, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N) (Lipsius, Ira) |
| 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 Summons #5 was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included; No name and address on the To Section and the Plaintiff's attorney name and addresses section. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Valle, Christine) |
| Filing 5 Proposed Summons. Re #1 Notice of Removal, 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 a related case. (Rodin, Deanna) |
| 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. (Rodin, Deanna) |
| Filing 2 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 Joanna Seybert 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 1 NOTICE OF REMOVAL by Alexi Arias, Karen Grant Williams, Annette Hall, Donna Hodge from Suffolk County Supreme Court, case number EFCA2019-621891. Was the Disclosure Statement on Civil Cover Sheet completed -Yes(Filing fee $402 receipt number ANYEDC-14377103) (Attachments: #1 Complaint, #2 Civil Cover Sheet) (Kernan, James) Modified on 4/20/2021 (Rodin, Deanna). |
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