Weppler v. Highfield Gardens Care Center of Great Neck
| Kathleen Weppler |
| Highfield Garden Care Center of Great Neck and Highfield Gardens Care Center of Great Neck |
| 2:2022cv02905 |
| May 18, 2022 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Cheryl L Pollak |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
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| Filing 11 NOTICE of Appearance by Nicole Varisco on behalf of Highfield Gardens Care Center of Great Neck (aty to be noticed) (Varisco, Nicole) |
ORDER denying #5 motion for a pre-motion conference. On review of the parties' submissions #5 #10 , the Court imposes a brief stay and will hold motion practice in abeyance pending the Second Circuit's resolution of two cases that are likely to be instructive in this action. See Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, et al. (No. 21-2164); Leroy v. Hume (Nos. 21-2158, 2159). The parties must file a joint status report within one week of the Second Circuit's decisions in these appeals, or by October 31, 2022, whichever date is earlier. The defendant's request for a pre-motion conference is denied without prejudice to renewal. In addition, the deadline for the plaintiff to file a motion to remand is being held in abeyance. Ordered by Judge Ann M. Donnelly on 6/3/2022. (Baer, Nicholas)
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| Filing 10 RESPONSE to Motion re #5 First MOTION for pre motion conference Pre-Motion Conference filed by Kathleen Weppler. (Attachments: #1 Orders) (Kanter, Brett) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Ann M Donnelly and Chief Magistrate Cheryl L. Pollak for all further proceedings. Judge Gary R. Brown, Magistrate Judge James M. Wicks 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 5/31/2022. (Bowens, Priscilla)
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| Filing 9 Letter Response to Order to Show Cause by Highfield Gardens Care Center of Great Neck (Lawless, Megan) |
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ORDER: In light of the Order to Show Cause and the parties' responses thereto, and on consent, this matter is respectfully referred to the Clerk of the Court for reassignment to to a United States District Judge in Brooklyn. Ordered by Judge Gary R. Brown on 5/27/2022. c/ecf (Cowan, Timothy)
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| Filing 8 Letter responding to Order to Show Cause regarding reassignment by Kathleen Weppler (Kanter, Brett) |
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ORDER TO SHOW CAUSE: This action was removed from the Supreme Court of the State of New York County of Queens relating to an incident that occurred in Nassau County. Counsel accurately responded to the questions on the Civil Cover Sheet, and the matter was assigned to the "'Long Island Division' of the Eastern District, consisting of Nassau and Suffolk Counties." In re Jury Plan, 61 F.3d 119, 120 (2d Cir. 1995). Pursuant to 28 USC Section 1446(a), an action removed from a state court must be heard in "the district court of the United States for the district and division within which such action is pending." Title 28 U.S.C.A. 1406 provides that a "district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." The Court recognizes that counsel bears no responsibility for the assignment, which appears to be erroneous. As such, counsel for both parties are to advise the Court in writing by June 1, 2022 as to whether there is an objection to reassignment to a district judge in the Brooklyn courthouse. Ordered by Judge Gary R. Brown on 5/26/2022. c/ecf (Cowan, Timothy)
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Filing 7
INITIAL CONFERENCE SCHEDULING ORDER: An initial conference via Zoom will be held at 3:30 PM on 7/12/2022 before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed Rule 26(f) Scheduling Order and electronically file same with the Court no later than 7/8/2022. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 5/25/2022. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Rules) (Flanagan, Doreen)
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| Filing 6 NOTICE of Appearance by Brett Kanter on behalf of Kathleen Weppler (aty to be noticed) (Kanter, Brett) |
| Filing 5 First MOTION for pre motion conference Pre-Motion Conference by Highfield Gardens Care Center of Great Neck. (Attachments: #1 Exhibit Stay Decisions) (Lawless, Megan) |
| Filing 4 NOTICE of Appearance by Megan A. Lawless on behalf of Highfield Gardens Care Center of Great Neck (notification declined or already on case) (Lawless, Megan) |
| 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. (Jakubowski, Laura) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. 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. (Jakubowski, Laura) |
| Filing 1 NOTICE OF REMOVAL by Highfield Gardens Care Center of Great Neck from Supreme Court Queens County, case number 707719/2022. ( Filing fee $ 402 receipt number ANYEDC-15576942) Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: #1 Exhibit Ex.A - S&C.pdf, #2 Exhibit Ex.B - AOS of S&C.pdf, #3 Exhibit Ex.C - Martinez - Rivera - Brief for Defendants-Appellants...pdf, #4 Exhibit Ex.D - Leroy - Brief obo Brookdale Hospital Defendants.pdf, #5 Exhibit Ex.E- Leroy - Brief obo Mt. Sinai Hospital Defendants.pdf, #6 Exhibit Ex.F - Leroy - 2nd Circuit - Plaintiff's Brief in Leroy v. Hume.pdf, #7 Exhibit Ex.G - Martinez Brief obo Pltf-Appellee.pdf, #8 Exhibit Ex.H - Leroy - Reply Brief obo Defendants..pdf, #9 Exhibit Ex.I - Leroy Reply Brief obo Co-Def.pdf, #10 Exhibit Ex.J - Rivera-Zayas - Reply Brief.pdf, #11 Exhibit Ex.K - Amicus Briefs pending before the Second Circuit.pdf, #12 Exhibit Ex.L- Chamber of Commerce AMA Amicus Brief.pdf, #13 Exhibit Ex.M - Motion to File Amicus Curiae Brief & Proposed Amicus Brief.pdf, #14 Exhibit Ex.N - US Statement of Interest (M.D. Tenn) Centeno., #15 Civil Cover Sheet) (Braverman, Dylan) Modified on 5/19/2022 (Jakubowski, Laura). |
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