Schmid v. Quantum Rehabilitation & Nursing, LLC
| Cindy Schmid |
| Quantum Rehabilitation & Nursing, LLC |
| 2:2022cv05117 |
| August 29, 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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This docket was last retrieved on September 23, 2022. A more recent docket listing may be available from PACER.
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| Filing 7 NOTICE OF APPEAL as to Order of Remand to State Court from September 1st, 2022 by Quantum Rehabilitation & Nursing, LLC. Filing fee $ 505, receipt number ANYEDC-15970901. (Lawless, Megan) Modified on 9/23/2022 (Landow, Concetta). |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #7 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 closed as per 9/1/2022 Electronic Order of Remand to State Court. Certified copy of docket mailed to Suffolk County Clerk 310 Center Dr. Riverhead NY 11901 Attn: Court Actions. (Cubano, Jazmin) |
| Filing 6 RESPONSE to Motion re #4 MOTION for pre motion conference filed by All Plaintiffs. (Smith, Damien) |
| Filing 5 NOTICE of Appearance by Damien Smith on behalf of All Plaintiffs (aty to be noticed) (Smith, Damien) |
Order of Remand to State Court. Defendant has removed this case from the Supreme Court of the State of New York, County of Suffolk, Index Number 607746/2022, 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 9/1/2022. c/ecf (Cowan, Timothy)
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| Filing 4 MOTION for pre motion conference by Quantum Rehabilitation & Nursing, LLC. (Attachments: #1 Exhibit Calendar Notices, #2 Exhibit Stay Orders) (Braverman, Dylan) |
| 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 Quantum Rehabilitation & Nursing, LLC from Supreme Court, Suffolk County, case number 607746/2022. ( Filing fee $ 402 receipt number ANYEDC-15886499) Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: #1 Exhibit Exhibit A - Summons and Complaint, #2 Exhibit Exhibit B - Affidavit of Service, #3 Exhibit Exhibit C - Martinez - Rivera - Brief for Defendants-Appellants, #4 Exhibit Exhibit D - Leroy - Brief obo Brookdale Hospital Defendants, #5 Exhibit Exhibit E - Leroy - Brief obo Mt. Sinai Hospital Defendants, #6 Exhibit Exhibit F - Leroy - 2nd Circuit - Plaintiff's Brief in Leroy v. Hume, #7 Exhibit Exhibit G - Martinez Brief obo Pltf-Appellee, #8 Exhibit Exhibit H - Leroy - Reply Brief obo Defendants, #9 Exhibit Exhibit I - Leroy Reply Brief obo co-def, #10 Exhibit Exhibit J - Rivera-Zayas - Reply Brief, #11 Exhibit Exhibit K - Amicus Briefs pending before the Second Circuit, #12 Exhibit Exhibit L - Chamber of Commerce AMA Amicus Brief, #13 Exhibit Exhibit M - Motion to File Amicus Curiae Brief & Proposed Amicus Brief, #14 Exhibit Exhibit N - US Statement of Interest (M.D. Tenn) Centeno, #15 Civil Cover Sheet Civil Cover Sheet) (Varisco, Nicole) Modified on 8/29/2022 (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) |
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| Plaintiff: Cindy Schmid | |
| Represented By: | Michael E. Duffy |
| Represented By: | Damien Smith |
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| Defendant: Quantum Rehabilitation & Nursing, LLC | |
| Represented By: | Dylan C. Braverman |
| Represented By: | Megan A. Lawless |
| Represented By: | Nicole Varisco |
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