Roland v. Parker Jewish Institute for Health Care & Rehabilitation et al
Connie Roland |
Parker Jewish Institute for Health Care & Rehabilitation doing business as Parker Jewish Institute for Health Care & Rehab, ABC Corporation and ABC Partnership |
2:2022cv05091 |
August 26, 2022 |
US District Court for the Eastern District of New York |
Gary R Brown |
Steven Tiscione |
Personal Inj. Med. Malpractice |
28 U.S.C. ยง 1441 Notice of Removal |
Both |
Docket Report
This docket was last retrieved on September 26, 2022. A more recent docket listing may be available from PACER.
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Electronic Index to Record on Appeal sent to US Court of Appeals. #6 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. (Cox, Dwayne) |
Filing 6 NOTICE OF APPEAL by Parker Jewish Institute for Health Care & Rehabilitation. Filing fee $ 505, receipt number ANYEDC-15970658. (Lawless, Megan) Modified on 9/26/2022 to link the appeal to the Order of Remand to State Court entered on 8/31/2022 (Cox, Dwayne). |
Civil Case Terminated; Case closed as per 8/31/2022 Order to Remand. (Cubano, Jazmin) |
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 605343/2022, 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). Plaintiff'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 8/31/2022. c/ecf (Cowan, Timothy) |
Filing 5 MOTION for pre motion conference by Parker Jewish Institute for Health Care & Rehabilitation. (Attachments: #1 Exhibit Calendar Notices, #2 Exhibit Stay Orders) (Braverman, Dylan) |
Filing 4 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 3 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 Steven Tiscione. 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 2 Civil Cover Sheet.. Re #1 Notice of Removal,,,, by Parker Jewish Institute for Health Care & Rehabilitation (Braverman, Dylan) |
Filing 1 NOTICE OF REMOVAL by Parker Jewish Institute for Health Care & Rehabilitation d/b/a Parker Jewish Institute for Health Care & Rehab from Supreme Court, Nsassau County, case number 605343/2022. Was the Disclosure Statement on Civil Cover Sheet completed -No ( Filing fee $ 402 receipt number ANYEDC-15882891) (Attachments: #1 Exhibit S&C, #2 Exhibit AOS of S&C, #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 (M.D. Tenn) Centeno.) (Braverman, Dylan) Modified on 8/29/2022 (Jakubowski, Laura). |
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