DeGuardia v. PALJR LLC et al
| Annette DeGuardia |
| PALJR LLC doing business as East Neck Nursing and Rehabilitation Center, East Neck Nursing Center, Inc., ABC Corporation and ABC Partnership |
| 2:2022cv03887 |
| July 1, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Steven I Locke |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on January 13, 2023. A more recent docket listing may be available from PACER.
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SCHEDULING ORDER: The Court adopts #12 the parties' briefing schedule. Defendant's Opposition to Motion to Remand shall be filed on before August 31, 2022. Plaintiffs Reply shall be filed on or before September 9, 2022. Defendant's request for a pre-motion conference is held in abeyance pending the determination and outcome of the remand application. Ordered by Judge Joan M. Azrack on 8/15/2022. (Newbill, Quenique)
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| Filing 12 Letter MOTION to Remand to State Court re: joint briefing schedule by East Neck Nursing Center, Inc., PALJR LLC. (Connors, James) |
| Filing 11 MOTION to Remand to State Court by Annette DeGuardia. (Attachments: #1 Exhibit A - Leroy Decision, #2 Exhibit B - Rivera-Zayas Decision, #3 Exhibit C - Shapnik Decision, #4 Exhibit D - Rivera Decision) (Ciaccio, Joseph) |
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SCHEDULING ORDER. The Court waives its pre-motion conference requirement as to Plaintiff's motion to remand. Plaintiff is directed to promptly file its motion to remand. The Court's bundling rule does not apply to the motion to remand. The parties are directed to submit a proposed briefing schedule for Defendants' opposition to Plaintiff's motion to remand, and Plaintiff's reply, if any, to the undersigned to be so ordered on or before August 10, 2022. Ordered by Judge Joan M. Azrack on 8/3/2022. (Newbill, Quenique)
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| Filing 10 REPLY in Opposition re #7 Letter MOTION to Stay the proposed motion practice and response to plaintiff's proposed motion to remand filed by East Neck Nursing Center, Inc., PALJR LLC. (Attachments: #1 Exhibit Dupervil Decision) (Connors, James) |
| Filing 9 STATE COURT RECORD received from the Supreme Court of the State of New York, County of Suffolk re E-filed Supreme Court case, Index #608445/2022. (Coleman, Laurie) |
| Filing 8 RESPONSE in Opposition re #7 Letter MOTION to Stay the proposed motion practice and response to plaintiff's proposed motion to remand filed by All Plaintiffs. (Attachments: #1 Exhibit A - Judge Seibel Order, #2 Exhibit B - Judge Ross Order, #3 Exhibit C - Judge Garaufis Order) (Ciaccio, Joseph) |
| Filing 7 Letter MOTION to Stay the proposed motion practice and response to plaintiff's proposed motion to remand by East Neck Nursing Center, Inc., PALJR LLC. (Attachments: #1 Exhibit Walker Order, #2 Exhibit Weppler Order, #3 Exhibit Jenkins Order, #4 Exhibit Kump Order) (Connors, James) |
| Filing 6 RESPONSE in Opposition re #4 Letter MOTION for pre motion conference filed by All Plaintiffs. (Attachments: #1 Exhibit A - Dupervil Decision, #2 Exhibit B - Shapnik Decision, #3 Exhibit C - Rivera v Eastchester Memo and Order, #4 Exhibit D- Judge Chen Order) (Ciaccio, Joseph) |
| Filing 5 NOTICE of Appearance by Joseph Ciaccio on behalf of All Plaintiffs (notification declined or already on case) (Ciaccio, Joseph) |
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SCHEDULING ORDER. On July 8, 2022, Defendants filed a letter requesting a pre-motion conference concerning a proposed motion. My individual rules require parties to respond to pre-motion conference letters within seven days. If Plaintiff still intends to prosecute this lawsuit, Plaintiff must, by July 25, 2022, either (1) file an opposition to Defendants' pre-motion conference letter (three pages at maximum), or (2) indicate by letter to the Court that Plaintiff does not wish to file an opposition but still intends to prosecute this lawsuit. Failure to respond to this Order may result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). (Newbill, Quenique) (Entered: 07/18/2022)
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| Filing 4 Letter MOTION for pre motion conference by East Neck Nursing Center, Inc., PALJR LLC. (Connors, James) |
| 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) |
| Filing 1 NOTICE OF REMOVAL by East Neck Nursing Center, Inc., PALJR LLC from Suffolk County Supreme Court, case number 608445/2022. ( Filing fee $ 402 receipt number ANYEDC-15711776) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Affidavit of Service, #3 Exhibit C - Appellate Brief in Rivera-Zayas v. OLC, et al., #4 Exhibit D - Appellate Brief in Leroy v. Hume, et al., #5 Exhibit E - Appellate Brief in Leroy v. Hume, et al., #6 Exhibit F - Respondent Appellate Brief in Leroy v. Hume, et al., #7 Exhibit G - Respondent Appellate Brief in Rivera-Zayas v. OLC, et al., #8 Exhibit H - Appellant's Reply Brief in Leroy v. Hume, et al., #9 Exhibit I - Appellant's Reply Brief in Leroy v. Hume, et al., #10 Exhibit J - Appellant's Reply Brief in Rivera-Zayas v. OLC, et al., #11 Exhibit K - Amicus Briefs in Rivera-Zayas v. OLC, et al., #12 Exhibit L - Chamber of Commerce Brief in Rivera-Zayas v. OLC, et al., #13 Exhibit M - Chamber of Commerce Brief in Leroy v. Hume, et al., #14 Exhibit N - Statement of Interest in Bolton v. Gallatin Center, #15 Civil Cover Sheet) (Connors, James) Modified on 7/1/2022 (Jakubowski, Laura). |
| Case Assigned to Judge Joan M. Azrack 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. (Jakubowski, Laura) |
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