Turco v. Smithtown Health Care Management, LLC
| John Turco, as Administrator of the Estate of Jack V. Turco, Deceased and John Turco |
| Smithtown Health Care Management, LLC d/b/a Smithtown Center for Rehabilitation and Nursing Care and Smithtown Health Care Management, LLC doing business as Smithtown Center for Rehabilitation and Nursing Care |
| 2:2022cv04693 |
| August 9, 2022 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Both |
Docket Report
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ORDER granting #4 Motion to Stay motion practice or responsive pleadings pending determination. The Court is in receipt of the parties' submissions, ECF Nos. #4 and #7 . The Court concludes that a stay is appropriate and will hold motion practice and any responsive pleadings in abeyance pending the Second Circuit's resolution of Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, et al. (No. 21-2164) and Leroy v. Hume (Nos. 21- 2158, 2159), as the decisions in those cases are likely to be instructive in this action. The parties are directed to file a joint status letter within one week of the Second Circuit's decision on either of the aforementioned appeals, or by October 31, 2022, whichever date is earlier. Ordered by Judge Hector Gonzalez on 8/31/2022. (Nkodo, Julie-Irene)
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Filing 8
ORDER granting #5 Motion for Refund of Fees Paid Electronically Ordered by Clerk of Court on 8/30/2022. (Marziliano, August)
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| Filing 7 RESPONSE to Motion re #4 Letter MOTION to Stay motion practice or responsive pleading pending determination of Rivera-Zayas v. Our Lady of Consolation, 21-2165 and Leroy v. Hume, 21-2158 and 21-2159 pending before the United States Court of Appeals for the Second Circuit, filed by All Plaintiffs. (Smith, Damien) |
| Filing 6 NOTICE of Appearance by Damien Smith on behalf of All Plaintiffs (aty to be noticed) (Smith, Damien) |
| Filing 9 STATE COURT RECORD Received (Morales, James) |
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ORDER re #4 Letter MOTION to Stay motion practice or responsive pleading pending determination of Rivera-Zayas v. Our Lady of Consolation, 21-2165 and Leroy v. Hume, 21-2158 and 21-2159 pending before the United States Court of Appeals for the Second Circuit. The Court is in receipt of Defendant's letter motion. Pursuant to Section IV.A of the Court's Individual Practices, Plaintiff had until August 23, 2022 to submit a response and failed to do so. Plaintiff has until August 30, 2022 to file a response. Failure to respond will result in the Court deeming Defendant's letter motion to be unopposed. Ordered by Judge Hector Gonzalez on 8/25/2022. (Nkodo, Julie-Irene)
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| Filing 5 Letter MOTION for Refund of Fees Paid Electronically by Smithtown Health Care Management, LLC. (Attachments: #1 Exhibit Ex A Notice of Electronic Filing, #2 Exhibit Ex B Electronic Payment Receipt ANYEDC-15827260, #3 Exhibit Ex C Electronic Payment Receipt BNYEDC-15827260) (Del Piano, Michael) |
| Filing 4 Letter MOTION to Stay motion practice or responsive pleading pending determination of Rivera-Zayas v. Our Lady of Consolation, 21-2165 and Leroy v. Hume, 21-2158 and 21-2159 pending before the United States Court of Appeals for the Second Circuit, or, in the alternative, for leave to file a motion to dismiss by Smithtown Health Care Management, LLC. (Del Piano, Michael) |
| 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 Hector Gonzalez. 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 Smithtown Health Care Management, LLC from Supreme Court Suffolk County, case number 607022/2022. ( Filing fee $ 402 receipt number BNYEDC-15827260) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit Ex. A Summons and Complaint, #2 Exhibit Ex. B Amended Summons and Amended Complaint, #3 Exhibit Ex. C Affidavit of Service, #4 Exhibit Ex. D Rivera-Zayas Appellants Brief, #5 Exhibit Ex. E Leroy v. Hume Appellants Brief, #6 Exhibit Ex. F Leroy v. Hume Toussaint-Milford Appellants Brief, #7 Exhibit Ex. G Rivera-Zayas Appellee Brief, #8 Exhibit Ex. H Leroy v. Hume Appellee Brief, #9 Exhibit Ex. I Rivera-Zayas Appellants Reply Brief, #10 Exhibit Ex. J Leroy v. Hume Hume Appellants Reply Brief, #11 Exhibit Ex. K Leroy v. Hume Toussaint-Milord Appellants Reply Brief, #12 Exhibit Ex. L Atlantic Legal Foundation Amicus Brief, #13 Exhibit Ex. M U.S. Chamber of Commerce Amicus Brief, #14 Exhibit Ex. N Bolton v. Gallatin US Statement of Interest, #15 Civil Cover Sheet) (Del Piano, Michael) Modified on 8/10/2022 (Jakubowski, Laura). |
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| Plaintiff: John Turco, as Administrator of the Estate of Jack V. Turco, Deceased | |
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| Plaintiff: John Turco | |
| Represented By: | Michael E. Duffy |
| Represented By: | Damien Smith |
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| Defendant: Smithtown Health Care Management, LLC d/b/a Smithtown Center for Rehabilitation and Nursing Care | |
| Represented By: | Michael James Del Piano |
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| Defendant: Smithtown Health Care Management, LLC doing business as Smithtown Center for Rehabilitation and Nursing Care | |
| Represented By: | Michael James Del Piano |
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