Greco et al v. Huntington Hospital et al
| Anne Marie Greco and Ian Sutherland |
| Huntington Hospital and Northwell Health, Inc |
| 2:2022cv03992 |
| July 7, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Anne Y Shields |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Medical Malpractice |
| Plaintiff |
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Filing 9
ORDER: Before the Court is the application for the appointment of pro bono counsel filed by Plaintiff Ian Sutherland, a co-plaintiff in this action against Defendants Huntington Hospital and Northwell Health, Inc., in which Plaintiffs assert claims of medical malpractice and negligence. (See ECF Nos. #1 , #4 .) For the following reasons (SEE ATTACHED ORDER for details), the application is DENIED without prejudice and with leave to renew at a later stage in these proceedings. In addition, although Plaintiff paid the Court's filing fee on August 1, 2022 (see ECF No. 8), to date, he has not filed a proposed summons for either Defendant and none have been issued. Federal Rule of Civil Procedure 4(m) provides: If a defendant is not served within 90 days after the complaint is filed, the court on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. Accordingly, if service is not made upon Defendants by October 5, 2022, or if Plaintiffs fail to show good cause why such service has not been effected, the Complaint will be dismissed without prejudice. Plaintiff is to provide a copy of this Order to Defendants along with the Summons and Complaint and shall file proof of service with the Court. Plaintiffs are required to advise the Clerk of Court of any changes of address. Failure to keep the Court informed of Plaintiffs current address may result in dismissal of the case. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiffs at their address of record and to record such service on the docket. So Ordered by Judge Joan M. Azrack on 8/31/2022. c/m to pro se plaintiffs (Coleman, Laurie) Modified on 9/1/2022 as per chambers
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| Filing 8 FILING FEE: $402.00, Receipt Number 200000103. (Coleman, Laurie) |
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Filing 7
ORDER - Before the Court are the applications to proceed in forma pauperis filed by Plaintiffs Anne Marie Greco and Ian Sutherland. (See ECF Nos. #2 #3 .) The applications are denied and Plaintiffs are ordered to remit the $402.00 filing fee within fourteen days to proceed with this case. Sutherland also filed an application for the appointment of pro bono counsel to represent him in this case. The Court holds the application in abeyance pending payment of the filing fee. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of the Court shall mail a copy of this Order to the Plaintiffs at their address of record. SEE ATTACHED ORDER for details. So Ordered by Judge Joan M. Azrack on 7/19/2022. c/m to pro se pltffs (Coleman, Laurie)
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| Filing 6 Letter from Pro Se Office to Pro Se Litigants dated 7/8/2022 Re: THIS LETTER ACKNOWLEDGES RECEIPT OF YOUR CIVIL ACTION(S). (Valle, Christine) |
| Filing 5 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. (Cox, Dwayne) |
| Filing 4 MOTION to Appoint Counsel by Ian Sutherland. (Cox, Dwayne) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Ian Sutherland. (Cox, Dwayne) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Anne Marie Greco. (Cox, Dwayne) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Anne Marie Greco, Ian Sutherland. (Attachments: #1 Letter, #2 Civil Cover Sheet, #3 Sealing Cover Sheet) (Cox, Dwayne) |
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