Suri v. Excel at Woodbury for Rehabilitation and Nursing, LLC
| Veena Suri |
| Excel at Woodbury for Rehabilitation and Nursing, LLC |
| 2:2022cv04609 |
| August 4, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Both |
Docket Report
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| Filing 5 NOTICE OF APPEAL as to Order of Remand to State Court (entered on August 8th, 2022) by Excel at Woodbury for Rehabilitation and Nursing, LLC. Filing fee $ 505, receipt number ANYEDC-15905001. (Lawless, Megan) Modified on 9/2/2022 (Landow, Concetta). |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #5 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Landow, Concetta) |
| Civil Case Terminated; Case remanded Supreme Court State of New York, Nassau County. (Cubano, Jazmin) |
Filing 4
INITIAL CONFERENCE SCHEDULING ORDER: An initial conference via Zoom will be held at 10:00 AM on 10/5/2022 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 9/28/2022. 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 8/9/2022. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Rules) (Flanagan, Doreen)
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Order of Remand to State Court. Defendant has removed this case from the Supreme Court of the State of New York, County of Nassau, Index Number 604595/2022, the complaint in which contains no allegations raising federal questions, principally pursuant to 28 USC Sec. 1441, on the ground that the complaint raises an embedded federal question, to wit: complete preemption under the PREP Act. However, this precise contention has been examined and rejected by numerous authorities, including but not limited to this Court's decision in Rivera-Zayas v. Our Lady of Consolation, 2021 WL 3549878 (EDNY 2021). Furthermore, the removal appears to run afoul of the "two-step maneuver" discussed in Rivera-Zayas and rejected by the Second Circuit decision in Sullivan v. Am. Airlines, Inc., 424 F.3d 267, 276 (2d Cir. 2005). Defendant's claim to federal officer jurisdiction under 28 U.S.C. 1442 is so baseless as to not require further comment. As such, the case is REMANDED to the state court. The Clerk is directed to return the file to the state court and close the case. Ordered by Judge Gary R. Brown on 8/9/2022. c/ecf (Cowan, Timothy)
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| 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 Excel at Woodbury for Rehabilitation and Nursing, LLC from Supreme Court, Nassau County, case number 604595/2022. Was the Disclosure Statement on Civil Cover Sheet completed -No ( Filing fee $ 402 receipt number ANYEDC-15814278) (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Affidavit of Service, #3 Exhibit Martinez-Rivera - Brief for Defendants-Appellants, #4 Exhibit Leroy- Brief obo Brookdale Hospital Defendants, #5 Exhibit Leroy Brief obo Mt. Sinai Hospital defendants, #6 Exhibit Leroy - 2nd Circuit - Plaintiff's brief in Leroy v. Hume, #7 Exhibit Martinez Brief obo Pltf-Appellee, #8 Exhibit Leroy - Reply Brief obo Defendants, #9 Exhibit Leroy Reply Brief obo Co-def, #10 Exhibit Rivera-Zayas - Reply Brief, #11 Exhibit Amicus Briefs pending before the Second Circuit, #12 Exhibit Chamber of Commerce AMA Amicus Brief, #13 Exhibit Motion to File Amicus Curiae Brief & Proposed Amicus Brief, #14 Exhibit US Statement of Interest, #15 Civil Cover Sheet Civil Cover Sheet) (Varisco, Nicole) Modified on 8/5/2022 (Jakubowski, Laura). |
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| Plaintiff: Veena Suri | |
| Represented By: | Michael E. Duffy |
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| Defendant: Excel at Woodbury for Rehabilitation and Nursing, LLC | |
| Represented By: | Nicole Varisco |
| Represented By: | Dylan C. Braverman |
| Represented By: | Megan A. Lawless |
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